Criminal law is the body of rules that defines crimes and entertainment for punishment. This article of the study of law is generally punitive in nature. Crimes are defined in the corresponding criminal necessary and proportionate punishment to be imposed for those who violate the penal provisions. The nature and purpose of the scattering of criminal law for the custody and maintenance of peace and order. Violations of the provisions of this format fonts are a common occurrence in our daily routines police departments, officers, and even in some streets almost all countries. Thus, to prevent and deter the commission of criminal offenses, violations of the criminal laws usually meted out with severe punishment imposed by the court in accordance with the regulations promulgated for such purposes.

The criminal laws are either mandatory or prohibitory in nature. Violations of mandatory provisions are usually in the form of omission what is mandatory and expected from that. What to do something the law forbids generated commission of a criminal offense. Examples of omissions in the law is a legal obligation of parents to provide immediate assistance of a minor child under their custody in cases when the latter suffers from serious health emergency. This parental care and support should be adhered to in good faith by the parents of the minor if the omission, whether negligent or willful intent, parents have borne the punishment provided by law for whatever may happen to their child to be the mere physical injuries or worst, death. Thus, the act of omission by not performing due diligence required by law from the parents to protect the child’s life, who died due to lack of proper care is considered a homicide. For crimes committed, certain types specifically prohibited by law, such as the murder of another man, save in some exemptions and justify the conditions prescribed by law. Should someone to commit an offense resulting in death, the former shall suffer punishment for either homicide, murder or man slaughter.

In both offenses if released or commit criminal law provisions, the court and the authorities must respect certain rules on their investigation and punishment. These rules are published to ensure that the truth is revealed and the important issues and circumstances are considered in connection with the investigation. It also makes sure that the rights of the accused and the public interest are protected to avoid miscarriage of justice. Criminal law does not only refer to violations of the accused but also for their rights for the criminal justice system. The rights of the accused and the public interest to seek the truth and find the real perpetrator vile act should be carefully balanced to thresh out the truth from Alibis and conjectures arising from each party.

One of the basic questions that anyone thinking of starting a business should consider matter how small or how large companies can be in the beginning, the question of what legal form their business should take. There are several types of businesses can take it is important to choose what is best for both the business and its owners.

There are of course pros and cons of each potential form and selecting the best image for your company can increase the ultimate profitability of the business for you as the owner while limiting personal responsibility and ask for the company’s debts. Also, if there be more than one owner of the company, there are a potential threat to a company that should be answered before the start of trading, such as questions about what will happen if the owner dies or wants out of the business.

cost and effort of careful planning before starting a business often seems unnecessary cost and disruption of entrepreneurs intent on pursuing their dream business. Yet such planning is essential if the company is going to maximize profits for their owners and survive the possible events that could otherwise bring business to a premature death.

What follows is not meant to be all encompassing discussion of all these pros and cons. Instead, this article is only a short sketch of some key advantages and disadvantages to each form of doing business.

Also, this discussion only deals with a closely held entity and not talk to the peculiar issues publicly traded entities or the various issues securities laws which may occur even in the context of a small, well-organized entity.

Finally, it is important to note that this discussion is based on the Oregon law. Although the law of other countries can often be identical or similar, it is necessary to determine the best form of business entities on the basis of the laws applicable to the anticipated business activities.

Sole proprietorship.

A private company without distinction between business and one of its owner is the easiest form of business to run, at least initially. In private there is no difference between the owner and the business because the owner of the company and, at least to a large extent, the business will be the owner. The private

1. The owner is personally responsible for all obligations and liabilities of the business, and

2. The owner must, in addition to income tax, pay self employment taxes on all business income.

These assumptions generally do private unacceptable form of entity to most people starting a new business, think about how they want to trade.

directory.

A partnership is a business relationship between two or more individuals. Although written partnership agreement is not necessary to create a partnership, so a written agreement defining the appropriate legal beneficiary with respect to each other and co-operation itself is reasonable.

In partnership each partner contributes resources and other values ​​will be the abolition of the partners. In cooperation

1. No member co-owner of the property and only interested partner to transfer or sell the relevant share of the profits and losses of the association and the right partner to receive distributions from the partnership

2. The partnership must keep books and records that are available for review by partners and agents, such as lawyers,

3. What companies have fiduciary duties of loyalty and care partnerships and their partners;

4. A written partnership agreement is for different categories or groups of partners with different powers and responsibilities including different voting rights,

5. All parties are jointly and severally liable for all obligations of the partnership incurred while they are members; and

6. Revenue cooperation is considered to each partner in proportion to their partnership interest for tax purposes and income self employment, whether it is actually received by a partner or not.

Although partners can significantly limit the personal liability of limited participants in the limited partnership, limited partnership must have a general partner is personally liable for the obligations of the association.

Because we have largely defined by agreement of the parties, written partnership agreement is necessary at inception.

Although successful for some business ventures, partnership is often not the best choice of business entities.

Corporations

companies are owned by one or more shareholders to elect one or more directors to oversee management activities Corporation. Companies can be one of the shareholders who is also the sole director and president or can consist of many shareholders elect directors who may have no relationship with the company except for his role as managers supervising officers Corporation which in turn may have limited, if any, capital resources

For the purposes of income tax there are two types of business :. “C” company and “S” corporation. An S corporation must meet the following conditions:

1. Must not more than 100 qualified shareholders (mainly individuals but including certain trusts while excluding nonresident aliens, corporations and partnerships);

2. Have one class of stock; and

3. Do not be disqualified corporation as certain financial institutions, insurance companies and domestic international sales corporations.

For the purposes of the tax, S company is going through a person. The S corporation profits of excess charges Corporation, payroll and other depreciation (including compensation paid to shareholders, employees) is considered to shareholders in proportion to their ownership shares of the personal income tax. An S corporation does not pay income tax itself but it must file an annual tax return.

Profits from the business are attributed to the shareholders of the S corporation if that company has actually paid all or part of the profits to the shareholders of the tax year. Such income thanks to shareholders of S corporations are taxed at ordinary income rates, but is not subject to statutory withholdings.

The C corporation, the corporation has to pay income tax at the corporate level. Shareholders only pay tax on income they receive from the company by way of compensation and dividends. AC corporation will only pay dividends to its shareholders from its profits after taxation. Consequently, dividends C Corporation subject to taxation in both corporate and individual shareholder levels.

as a form of business entity companies (both C and S) have some different benefits including protecting the owners from personal liability for corporate obligations. However, in order to preserve that protection against personal liability, two conditions must be met:

1. The company will be adequately capitalized; and

2. Shareholders shall respect the corporate formalities and respect the company as a legal entity distinct from the private and personal interests.

If shareholders do not meet these conditions it is possible for the court to “pierce the corporate veil” and hold individual shareholders responsible for corporate responsibility.

The closely held company shareholders owe each other and corporate fiduciary duties of loyalty and fair dealing. Shareholders may incur personal liability of infringement of the obligations.

The closely held company more than one shareholder (husband and wife are together one shareholder) it is best to have a written contract that specifies the shareholders rights and obligations to each other and to businesses in terms of their ownership and sale of shares of stock since, for example, the death of a shareholder with no agreement can threaten business viability Corporation but also create problems for the decedent’s estate wants to reduce the value of the shares of the deceased shareholder.

Companies Act

Limited Liability Companies (“LLC’s”) are a relatively new form of party designed to allow owners to contractually define their relationship within the broad legal limits while providing the capital protection against personal liability for the debts of the company. Instead, shareholders or partners, are owners of limited liability companies called “members” and the interest of their own money is called “Membership of interest.” Nature, rights and obligations of the various parties can vary the corporation more than a corporation or partnership.

Instead of statutes governing the operation of the corporation, LLC is controlled by the “Operating Agreement” which defines the rights and obligations of members, managers and companies in relation to the other. While operating agreements intake are valid, they are difficult to enforce if the second dispute in the terms of the oral agreement itself are often mentioned. Absent a management agreement, the state corporation law will provide the terms of the operation of the agreement regardless of what members may have intended or would

There are two types of limited liability companies :. Member managed company and manager managed companies. The member managed LLC all members presumptively shares the responsibility of the company. The manager managed company, parties nominate one or more directors with the power to control the company.

entities and individuals who can not be shareholders in S companies may be members of limited liability companies. Also, unlike S companies that only have one class of stock, the LLC can have many different types of membership interests.

A single member LLC is go through entities such as S corporations for tax purposes. There is one member LLC itself does not pay income tax, although it does file again. All taxable income LLC is thought to be her partner for income tax purposes. Couples who have only Membership in the LLC are considered one entity.

An LLC with more than one person may be taxed either as a partnership or corporation. Unless the company elects to be taxed as a corporation, it will be taxed as a partnership.

As a partnership, income LLC is generally attributed to the members of the personal income tax. As with partners, individuals must usually pay self-employment tax on such income.

The fiduciary duties of members of a company managed corporation are, absent an agreement to the contrary, limited to the duties of loyalty, good faith and fair dealing and care. Under Oregon law duty of care requires only member to refrain from behavior that is grossly negligent or reckless, willful misconduct or knowing violation of the law. A member of the manager managed LLC is not also the manager not owe duties to the company or to other parties only because of their accession.

As a company, LLC must be adequately capitalized and its members and managers must respect it as a separate “legal” to preserve the protection it affords them from personal liability for the debts of the company.

Conclusion

This brief summary of just some of the key items in choosing the right form of business entities. How these and other issues may apply to a particular business depends on the specifics of the company and its owners. The same reasons discussed below as well as other factors bearing on determining the form of entity best suits a particular task should be considered with the advice of both a lawyer and an accountant to get the best results.

© 2010 Lawrence B. Hunt. All rights reserved.

Knitting Patterns and copyright laws may not go together like needles and yarn, but they are far from water and oil as some believe as well. Many commercial knitting patterns are clearly marked with a copyright but specifies no limitations, restrictions or even legal consequences of what can or can not do with the finished products created from these patterns. Thus it is that there needs to be some explanation of the knitting pattern (or any arts and crafts patterns for that matter) and copyright law.

This information should be OK with all that has always believed that produce and distribute their own knitting patterns. It is equally important as well, however, if you’re going to be buying patterns and then create and sell knitted products. Copyright laws are pretty much been set in stone, but unfortunately, there is no provision for exactly what will be included in copyright provisions or copyright statement of specific items, website, pattern or anything else for that matter.

It is up to the individual to hide what should and should not be any and all restrictions and application of copyright. If you are using someone else’s knitting patterns, you may already be aware of the dissatisfaction caused when these restrictions and programs are not properly applied or even written. Maybe you’ve even tried to contact the author of the pattern to find out what you can and can not do with both pattern and knitted products you created. Maybe you expected or even just assumed that you knew what they meant when they wrote nothing more than “Copyright 2009” (or whatever year it was) at the bottom of this model that you love so much.

If you create knitting patterns for sales and distribution, by ticking pattern phone clearly not only the copyright information but also details of the user and the person who buys it can and can not do with knitting patterns and finished knitted products they have created. While you can win copyright battle in the (very expensive) copyright infringement lawsuit, you will not likely win many friends or very supportive customers suing everyone who uses knitting pattern phone for anything more than personal use.

If you are buying a knitting pattern from someone looking for information about copyright and see if it is well written and included and if not, to do their utmost to contact the knitting pattern creator and see what their intentions are. If they tell you to email or even instant messengers, file and save the conversation and that should cover you should any unforeseen circumstances arise. There are sometimes people who are successful that will sell knit company and the new owner may not know about copyright without knowing what rights have been granted and limited.

Knitting Patterns and copyrights are not going to be so important for you if you just sit at home knitting coasters for dining your table but seriously, how many people are going to learn how to knit and then keep all artistic knitting their creation to him? Knitting is and should be very popular last time, great hobby and a great opportunity for people to improve income knitting crafts. However, if you are creating a new knitting products or create knitting patterns for fun and profit, you have to be both aware of or clear of any copyright information you read or write about knitting work.

to create a piece of work – whether it is a poem, a computer program, or film – requires significant time and effort on the part of the author. Once the work is created and it is protected by law US copyright, to ensure that the author possesses job unless he signed over all the copyright of another person.

Although copyright is established from the moment the work is created, copyright does not fully protect you against theft and violation of your work. To ensure that you have maximum protection, you must register the work with the US Copyright Office.

Before you can register your work, however, you must ensure that it is copyrightable law. The works can be copyrighted literature; music; dramatic; pictorial, graphic, and sculptural; architectural, choreographic and audiovisual as well as sound recordings, films and pantomimes.

When you register copyrights with the US Copyright Office, the copyrighted work will be a matter of public record, and registration gives you the ability to bring legal action against anyone who steals or infringes on your copyright. Registering a copyright can also make you the option of statutory damages and attorneys’ fees should you need to file a lawsuit against the offending party

registering copyright is actually quite simple and requires only three steps :.

Step One: Fill out the application form

Go to the US Copyright Office and download copyright application. You can find them on the web by searching for “Copyright Office.” You can also fill out a form online. Be sure to fill out the application completely and accurately. Failing to complete an application form will result in the application being returned

Step two :. Pay the application fee

set the appropriate non-refundable application fee. Currently, the fee for filing copyright applications online is $ 35 if you submit your article copyright application, you will be required to sign $ 45 application fee

Step Three :. Prepare nonreturnable deposit

Prepare copies, which is referred to as nonreturnable deposit of US Copyright Office, the work you want to register. You must follow the following general conditions to send a copy of your work:

o For those works that were created before January 1, 1978, you must submit two complete copies or phonorecords work as it was when it was first released in the US

o For those works that were created in the United States and 1 January 1978 the US Copyright Office requires two copies or phonorecords of the best edition.

o the works were not created in the United States, you must send a full copy or phonorecord of the work as it was originally published

Requirements -. Special Deposits

There are some special repatriate you should be aware. Some of the most common specific deposit are as follows:

o If you have created a work – literary, musical or dramatic – which has only been listed as phonorecord, you must send all phonorecord.

o If you are applying for copyrights for either out or unpublished computer program, you are required to send the first and last 25 pages of code for the program. If the program is less than 50 pages, you must send the whole program.

if you are unsure if your work requires special deposit, the US Copyright Office encourages you to write (address below) or call (202) 707-3000 and provide a description of your work Monday to Friday between 8:30 and 5:00 pm EST

All three things -. a complete application, the appropriate application fee and a copy of the work that you want to – should be sent in the same package. The only exception is if you choose to fill out the online application. If you are applying for a specific copyright, you should also submit all relevant material in the same package, ensure that you attach to the application fee for each respective application.

failed to submit necessary materials together will usually cause the material returned to you. When the package is complete, send it to the US Copyright Office of

Library of Congress

Copyright Office

101 Independence Avenue, SE

Washington, DC 20559-6000

difference cyber harassment, slander and defamation

Cyber ​​bullying is the use of the Internet or other electronic means to fight against an individual, group of individuals or an organization. Libel is published false statement that is damaging the reputation of people. It is a malicious intent to discredit a man with misrepresentation. Slander is the action or crime of making a false, spoken statement that is damaging the reputation of people.

If it happened to me, it can happen to you

I have recently been a victim of this type of malicious and vindictive behavior. I was involved in a small claims court case concerning my business website designed for companies forming companies in Reno. The CEO wanted a website to join Infusionsoft, software that helps businesses with email marketing. She would be able to manage her website, internet and email marketing itself. She had a license application months before interview design company to create a website of his company. Once hired, we got exactly what was described in the Agreement and to provide even more sites and increase the work they wait and not pay for (accessories amounted to $ 5,800). When the site went live, they informed us that they were incapable of learning Infusionsoft and wanted their money back. I had to take them to small claims court to get the $ 2,500 that they owed us still for programming and design. I worked judgment and the judge dismissed the counter suit with the CEO. The CEO then decided to send me threatening emails and launched smear campaign through her blog.

This type of behavior is not only unprofessional, it is very destructive. If I had respect for the person and viewed it as a highly educated and informed, I may have been offended and upset, but I have considered the source. However, I still need to be vigilant and continue the search for other inflammatory actions regarding me or my company’s reputation. I use Google Alerts that it informs me when someone mentioned my name in many forms of online communication. Good reputation is valuable to someone in their own business, looking for work or working for the company. As a graduate of the Parson School of Design, I see design as a creative solution to enhance business and always try to exceed the expectations of the customer’s. I have built a very reputable company and have won 18 awards in the past 13 years. Out of more than a hundred clients I have serviced, this is the first complaint I’ve got. It is not just a vindictive man harassing a person online simply because they lost a small claims judgment.

What you can do to fight back

If you have been the victim of either libel or slander, there are steps you can take. It is important to evidence of a crime if you plan to continue with a lawsuit. You have to make a hard copy of the statements. If it was made in a blog, take a screenshot of the blog that shows false information and any responses to the financial statements. If the statement was made in a verbal conversation, get a written statement from a witness who heard the slander and have it notarized. It is important to file any response before initiating a lawsuit.

Then you need to file a complaint, which is a legal document filed with the court to initiate proceedings. A good resource for filing a complaint: http://www.ehow.com/how_2040840_sue-someone-internet-libel.html

If possible, hire a lawyer to help you draft the complaint. You also need to pay the filing fee and it varies depending on how much you seek in damages and where you filing a complaint. Court may provide a form for you to send to the defendant a copy of the complaint and a request for their response. After the defendant files and response, it is the discovery phase, which is the time where both sides submit a request for documents and evidence. At this time you can send the accused a list of questions asking why they made statements and how many they say or how many blogs response they got. As questions are asked under oath, if you can prove that their answers are wrong, that would be considered perjury.

If you want to deal with the problem of online resources, it’s Complaints Committee on Wikipedia.org. The URL is: http: // en.wikipedia.org/wiki/Wikipedia:Arbitration/Guide_to_arbitration you would complete RFAR, request for arbitration and the committee would vote on whether to reopen the case

I would like to hear your opinion

If you have comments, have experienced a similar situation, or have more advice, please let me know.

It is important to understand what cyber law covers when you are looking for pictures from the Internet. Cyber ​​law is actually very new and unique form of law that was recently created with the Internet becoming so popular. Because people who are looking for items required to understand how this law will work. Traditional law does not cover what happens online so it was important that a specialized form was introduced to reach computer users. There are many instances where you may have disputes over Internet domain or in certain online property. It is best to use Cyber ​​lawyer who understands the special law.

In some cases, cyber lawyer is similar intellectual property lawyer. But there are many different hidden so if you have an issue it is always best to seek out a lawyer that suits your needs best. A good example of this is someone who hacked into the computer have committed cyber crime and there are special laws that they have to go by. One of the biggest issues facing the Internet Today people can they have no copyright. In most cases they will take these images and use them for profit.

Remember Cyber ​​law has not been around for a long time and had to fight some legal issues that happen online. It is a niche form of law that has a specific need and it is important that you understand how to be protected. Most legal issues that come up half to do with copyright and ownership of online website properties. There are some cases that deal with pictures and videos and who has the intellectual property rights to these items.

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The common law system used in the legal system such as the UK, USA, Canada and Australia is a very important principle of criminal law, which has been in the legal system of these countries that is was first developed in the original England common law system. This principle is the defendant in criminal proceedings has the protection of the presumption of innocence. A defendant in the legal systems of these countries is innocent until proven guilty. This contrasts with the system of patents that have been adopted in continental Europe in countries such as France, Italy and Germany, which have been inquisitorial system of justice where the judge can collect evidence independent party of its own research and his men in order to gather evidence.

So what does the presumption of evidence mean in terms of experience? This means that the prosecution must prove that the defendant committed the crime in question in the study beyond reasonable doubt. It is very unclear how this is likely to be defined in terms of guiding the jury, the judge must limit their instructions to the jury for applying the law to the facts rather than policy on facts and evidence. Of course, the jury, a view disastrous (URL in the study) can also be used to identify if a particular piece of data that is able to be taken in the trail. When evidence is considered admissible, the jury may consider it in his review of the evidence. In practice, judges often refer to a 90% certainty that the defendant committed the crime in order to enter the judgment of guilty, and has phrases like ‘if no material uncertainty “or” A rational belief is supported by the vast majority of the existing’ order describe how proof required. General justification for the principle that it is better to put nine guilty people free rather than let one innocent person in prison.

One of the key distinctions in the law between civil law and criminal law. Although it is sometimes significant gray area between these two branches of law, the major difference between the two is that the civil law deals with disputes between individuals, but criminal bid law to persons who have broken the law that dictate certain behaviors, and are therefore considered to be an affront to society and the state.

In civil law, there are usually two parties to lawsuits that are looking for a solution to some kind of dispute. For example, a person who has been injured through negligence of another person, such as in a car accident, is seeking some sort of compensation for their injuries and loss. Also could be a person who is suing the other party in a contract dispute, so that the person who is suing the builder for not properly complete the promised work, or maybe a builder who believes he has completed work properly but is not being paid. In these types of cases, both sides will present their case, and the court will try to find a fair solution to the dispute, usually by ordering a party to pay compensation to the other party. Civil law is a very broad area of ​​law and can come out of many cases including employment relationships, landlord and tenant relationships, business, and even family relations and child custody.

Criminal law is very different. In criminal cases, one party is the defendant, or the person who is accused of committing a crime or violation of law. The other person is usually the prosecutor that shows the state or the people. In the criminal case, the prosecutor must prove beyond reasonable doubt that the person committed the crime, and the defendant presents his defense. The court or jury decides if a person is guilty or not guilty and he will judge the man to any penalty for their crime is usually either a fine or imprisonment.

In addition to these major differences, there are many procedural differences between criminal and civil law. There are usually different rules of evidence, rules, and the burden of proof, and cases are normally held in different courts. It is therefore important to be represented by a lawyer who has experience in the practice in the relevant area of ​​law you need representation.

Select name can be one of the most important decisions a company can make. After considering the business and marketing impact of a particular name, company also needs to ensure that the name has not been branded with the use or registration with the US Patent and Trademark Office. Finally, when you register your unit to do business in the state, there are a number of legal requirements vary depending on where the unit records.

legal requirements to company names in New York can present many difficulties. Some things tend to create problems or delays

• great number of active registered companies (This increases the likelihood that the name that you would not be available for use.)
• somewhat nebulous method to determine whether the name is different enough from the names of existing entities into
• inability to obtain approval for the use of a similar name
• having to get the approval of a state agency for the use of many words and phrases

decreased the pool of available names because of the number of listed assets

history of New York as one of the most populous states and the fact that it is a major financial center have probably played a major role in a number of business entities that are registered in the State. New York has over 1.7 million active registered companies, which is more than a very popular application states like California, Florida, Delaware and Nevada. In fact, at the end of 2010, New York holds the title for the most active companies on the list.

contributing to the number of working parties on the list has a poor strategy New York to solve the existing companies. Many Secretary of State offices administratively dissolve companies that have not submitted annual reports for certain number of years. In New York, the primary reason for the administrative liquidation (dissolution medium after notification) is informed by the Department of Taxation and Finance that the company is delinquent in paying franchise taxes. These reports, however, do not always occur within a foreseeable time, so there are many companies that have not paid taxes for years, but are still listed as active on the Secretary of state data.

New York State’s voluntary dissolution requirements also help to create the conditions in which inactive companies remain on file. New York does not allow the company to never do business to quickly and easily solve as many other countries do. Instead, the company must apply for clearance taxes and file a tax return, even if the shares have not been issued and the company never engaged in business. Because of this, some New York businesses, especially those formed complacency or error, ignoring their obligations and leave off business still recorded.

With well over 100,000 businesses get record every year and described above contribute to keep inactive or delinquent companies recorded, it is a fairly common occurrence in New York called the company wants to use is not available.

Strict requirements on the characteristics Entity Names

rules of New York on the special unit name also contribute to the desired names not be available for use. Each state requires that the data subject is either “separated” or “distinguishable on record” from other registered entity names, or not “strikingly similar” to them. Usually, it is easier to find an available name in states like Delaware with “distinguishable on record” law. For example, a word plural in Delaware is enough to distinguish one name from another. “Striking a similar” states, such as California or Texas, tend to take a stricter approach and not allow names that differ in spelling or form of the word.

New York Uses the term “identifiable” in the Business Corporation Law and, through the New York Codes, Rules and Regulations, operates as “strikingly similar” situation. Section 156.2 of Title 19 states that the name is not considered distinguishable if the only difference between the proposed name and the current name is a change in voltage or the form of the word (including abbreviations, alternate spellings, or alternate numeral system, such as Roman and Arabic ), punctuation differences or to add the word “business.” Whether the word was considered to be part of another word is often determined by the individual critic of the Secretary of State’s office and methods change over time. For example, the terms “real estate” and “Realty” sometimes, in the past, been considered indistinguishable, but at other times not.

In some ways, Texas is tougher than New York when it comes to entity names. Besides “strikingly similar” rules are very similar to New York, it has a rather broader category of “similar name requires consent.” According to section 79.40 of Title 1 of the Texas Administrative Code, names containing “as having the potential to be misleading as to the identity or affiliation of the party” will require the approval of existing parties to be approved. Under this rule, companies wishing to use the name “United Phase Two” or “United Productions” would have to provide a letter of approval from the current “United Company,” because they share the word “United.” This is a much broader interpretation of similar names than New York. A key difference is that Texas, like many other states, allows existing companies to grant approval to form a company. In New York, this is never allowed; the new company will be given a distinct name.

Using an assumed name when requested Name not available

New York offers an alternative that allows companies to use the company name they want even if it is not available. A certificate of assumed name can be registered, under section 130 the General Business Law, after the registration of the corporation, limited liability company or limited partnership under the individual, but less desirable name. Note that in New York, as expected can not contain entity indicator such as Inc Ltd, LLC, etc.

An assumed name filing only registers the name of the state, which means that in the eyes of the state can do business with that name. It is not protected name in any way, assumed names in New York are not required to be unique. A company should also keep in mind that our module name, either the assumed name or as a true unit name with the Department of State is no way to ensure that the chosen name could not constitute trademark infringement and subject to legal proceedings . Whether selecting took the name or party name, the company should first ensure that the name it does have will not be lost either due to a registered trade mark or previous use would constitute a common law trademark.

Finally, when choosing took the name of New York, note that section 130 (c) (3) (2) of the General Business Law suggests that companies, limited and limited liability companies can use the name “which consists of or contains a word or words to use is prohibited or restricted …” by the law governing the formation of these bodies.

prohibits or restricts names in New York

list of words that are prohibited or restricted is quite long in New York and extends far beyond the list of 31 words and expressions listed in Articles 301 (5) (a) and (b) of the Business Corporation Law. My company has found that there are at least 90 words and phrases that are either registered in the statutes or have been determined by experience require further agree and consent of the other institutions. Often this is the consent or approval is required even when the meaning of the word as it is used in the name makes it clear that the company is not taking part in activities approved establishment apply. For example, let’s say an independent bookstore decides it wants to use the name “The Title Page Book Store, LLC” Even though it is clear from the name of this company is not involved in the title insurance business in any way, it will still be necessary to get approval or waiver approval from the Insurance Department of New York Department of Financial Services to use the name. Acceptance and approval can be obtained, but the process is often a lengthy one, so it is wise to verify whether the name contains the word limit well before the company wants to form

ordered Names :. Beware of limitations

Name reservations can be requested to protect the name you want, but it is important to understand their limitations in New York State. A name with a limited word can be reserved without obtaining necessary approvals from the appropriate state agency, the approval will be required when documents. The name order itself does not guarantee that the name can be used. When ordering name, it is important that the company’s exactly name to use. If the name of the filing differs from the reserved name in any way, even if it is just a drop point, the state will need the current name reservations canceled an additional fee for the document can be filed.

Finally, it is important to be aware of certain delays that occur when ordering name. A name reservation application receipt, issued late in the afternoon after actual notice must accompany the application. Accustomed to proceedings in other countries, often people want to reserve the name that one day form the company next. In New York, for filing receipt requirement, this can not be done unless the company pays expensive two h charges when filing booking

Importance Registration confirmation. Registration is not Protect Name

When you register unit, keep in mind that the final decision is always in the hands of the filing officer. Even if all precautions have been taken to ensure the availability and recognition of the name, it is important to wait until the document has been approved and submitted to get bank accounts or take other measures that assume there will be no problems with registration. Understand that our module name with Secretary of State is not necessarily the company is legally authorized to use it. Name request shall bear brand names and names in use to ensure that it will not be subject to trademark infringement proceedings. Similarly, the file name as a party in New York or in some states but not to protect it from anything other than having another entity files the same or a similar name based on the rules of a particular state. Trademark filings necessary to protect national name.

In short, understanding the legal requirements for the names of companies in the state or states where the company’s file is important. New York is one state where these requirements can create unexpected issues. A knowledgeable and experienced service provider may alert you to potential problems and pitfalls chosen name and help you avoid additional costs and delays in the filings declined.

This article is provided for informational purposes only and should not be considered, or trust, as legal advice.

© 2011 National Corporate Research Ltd., 10 East 40th Street, 10 Floor, New York, NY 10,016th All Rights Reserved.

When you decide to cancel the first company to you the next thing you should do is to incorporate two to five more companies, even if you have not decided to use them at this point.

There are several main reasons for this policy if you are serious about building a business and a possible corporate credit you should follow these steps.

• After the first business recorded and you’re working for a company and growing the business, you can find it in time for one reason or another you may have to replace some of your assets around for protection or simply go for new employment opportunities that may present themselves to you that will not work with the current business structure.

• After you first established your business and have built the credit worthiness of, you will find that it is easier to build credit for other corporate needs by simply sharing the credit with other business though a process known as daisy chaining. This is a great way to build credit many companies of all the work you have already done.

• have many companies set up, you can create your own set of shelf companies. These are companies that are just with regard to their age alone that allows you to get the business up and running in a fraction of the time it would normally take. This shelf company will add real tangible value to the bottom line in many ways. So that if you ever chose to sell one, the going rate is about $ 1,000 per year of age, and if there has been any corporate credit attached to it value can triple or even quadruple.

• Statistics say that most businesses fail in 1 to 5 years of their inception, so if this is true, simply by many companies in the wings ready to go, this fact will no longer anything to you. Simply because you planned ahead and quietly and strategically created back company with unsecured corporate debt financing already established.

These four simple steps will see you through almost any business ups and downs if you apply them correctly and get started today. Now their implementation, you will find that in less than a few months you will not only be the first business to install, but you may have already incurred thousands of dollars in unsecured business lines of credit.

Do not wait incorporate today!