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Articles in Home | Business | Legalities articles Title|Newest|Oldest What the Trend in Online Databases Means to the Employment Screening Industry  By : CLTaylor The most prominent trend in the employment screening industry has been a proliferation of online databases offering cheap background checks. Any one can access the internet and with a quick search be able to purchase, for example, criminal records for a low fee. While that is very appealing to companies looking to trim the budget on background checks, it may in fact be a dangerous trend. Protect Your Ideas With Copyrights and Patents  By : Tim Knox While you can file a patent yourself, I strongly advise that you use an attorney since a naively written patent application often isn't worth the paper it's printed on. Just recently my attorney did a patent search for me only to discover that a patent for a similar product was already in place. However, due to the ineffectual language of the patent application, the patent was practically impossible for the owner to enforce. Use Noncompete Agreements To Help Protect Your Business From  By : Tim Knox Renegade former employees riding the free enterprise wave is one reason noncompete agreements are gaining in popularity among employers who hope to use them to help protect their business from competitive threats launched by former employees. Many employers are now demanding that key employees sign noncompetes as a stipulation of employment. When It Comes To An Office Lease, It's ALL Fine Print  By : Tim Knox One of the biggest mistakes many entrepreneurs make when leasing commercial space is not reading the lease. Forget reading the fine print. When it comes to a lease its ALL fine print. Don't believe me? Let me tell you the true story of my friend, Homer, whose name I have changed to protect the ignorant. With a Lease, The Devil Is In The Details  By : Tim Knox This week we'll discuss the most important aspect of the process: signing a commercial lease (insert dramatic music here). One of the biggest mistakes many entrepreneurs make when leasing commercial space is not reading the lease. Forget reading the fine print. When it comes to a lease its ALL fine print. The "E" In Ebusiness Does Not Mean Exempt  By : Tim Knox I've gotten quite a few emails recently from ebusiness owners who seem to think that just because their business is conducted online or from the comfort of home that the rules and regulations that govern brick and mortar businesses do not apply to them. The ebusiness questions I get most often do not involve building websites or conducting ecommerce... Anarchy as an Organizing Principle  By : Sam Vaknin The recent spate of accounting fraud scandals signals the end of an era. Disillusionment and disenchantment with American capitalism may yet lead to a tectonic ideological shift from laissez faire and self regulation to state intervention and regulation. What is Creative Commons  By : Sharon Housley A Creative Commons license allows creators to place conditions on their copyrights. Traditionally, copyrights restrict the rights of others from modifying or distributing copywritten works. Creative Commons licenses offer flexibility by allowing the creator (copyright holder) the ability to choose what limitations they want in place with respect to specific copywritten works. Forms of Business Ownership  By : Matt Bacak When you're starting a business, you have a choice of structuring your new business as a sole proprietorship, general partnership, limited partnership, corporation or cooperative. This guide explains the advantages and disadvantages of each form of business to help you decide. Each of these forms of business has advantages and disadvantages that you will want to weigh before choosing a particular form of business for your new venture. Protecting Your Business Ideas  By : Matt Bacak Got a great business idea? Wonderful! Do you know how to protect your amazing business idea? Protecting your business idea is a whole different arena. Sometimes it is hard to think that we would need to gain protection over something as abstract as our business idea, but depending on the business, it could be vital. Corporate Records - What to Keep  By : San Diego Lawyer Whether you’ve created a corporation or limited liability company, you must maintain records. Here’s a primer on the basic corporate records you need to maintain. Corporate Records - Shareholder Inspections  By : San Diego Lawyer You’re conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur? How to Optimize and Build Value in Your Company for a Planned & Successful Exit  By : Grover Rutter Baby boom business owners have, by and large, been successful business operators. But will they be successful business sellers? This article provides some golden advice to "sales-minded" business owners. Business Laws: What you Need to Know  By : Matt Bacak When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it’s still a good idea to understand what regulations you must meet. Asset Protection Strategies  By : Dr Gregory Lipke Learn the asset protection strategies of the wealthy. How To Incorporate Yourself Without A Lawyer  By : Stephen Pope You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so? 1. This is Not Legal Advice! The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer. This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.... Understanding the Letter of Intent (LOI) in the Sale of a Business  By : Dave Kauppi This article discusses how the letter of intent is used to move the business sale process forward. Business Entities - A Quick Guide  By : San Diego Lawyer Business entities comes in so many types that business owners can easily get confused. Here’s a quick guide that will hopefully shed a little light on business entities for you. Business Entities - Filings With The State  By : San Diego Lawyer Nearly all small businesses should form entities to limit their exposure to civil liability in the form of lawsuits. In forming an entity, certain documents have to be filed with the state in question. Business Entity Mistakes - Criminal Conduct and Independence  By : San Diego Lawyer In this age of information, most small business owners understand they need the protection provided by a corporation or limited liability company. Such protection, however, can be lost though certain actions. Business Name - How To Pick One From A Legal Perspective  By : San Diego Lawyer A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name. Bylaws - The Guts of a Corporation  By : San Diego Lawyer Most states make forming a corporation relatively painless by providing forms for practically everything. The bylaws of the corporation, however, are an area you don’t want to rely on a form. California Business Entities - How Long Does It Take To Get Approved?  By : San Diego Lawyer You’ve done your research and have decided on a business entity. You’re chomping at the bit to open a bank account and get moving. You file your corporation or LLC with the Secretary of State and wait…and wait…and wait. Just how long is this going to take? California Businesses Incorporating In Nevada  By : San Diego Lawyer California is a notoriously bad state to do business in. Regulations, worker’s compensation and tax issues overwhelm companies. Seeking relief, many incorporate in Nevada. Unless done carefully, this decision can lead to disaster. California Limited Liability Company - An Overview  By : San Diego Lawyer Many people are surprised to learn that the LLC business entity is a fairly recent phenomenon. Wyoming was the first state to legislate the creation of LLCs in 1977. Most states didn’t jump on the LLC bandwagon until 1988 when the IRS classified the LLC as a pass through entity for tax purposes. This ruling turned LLCs into the popular monster they are today. Now every state has legislation allowing the creation of LLCs and California is no different. Corporation - What Is It?  By : San Diego Lawyer Simply put, a corporation is a form of business entity. You probably already know this, so this article delves into a few of the particulars. Critical Business Procedure - Keep All Email Communications  By : San Diego Lawyer Businesses routinely maintain copies of correspondence and memos. Far to often, however, they do not extend this practice to email correspondence. Email correspondence is no different then your normal paperwork. You must keep copies of all of it to protect your business in any litigation. Domain Name Trademarks  By : San Diego Lawyer As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list. You need to guard against unscrupulous competitors that may try to incorporate your domain name in their meta tags to obtain search engine rankings under your name. If you have a domain name trademark, you can go after these individuals and compel the search engines to remove their listings. Forming a Corporation - Investors  By : San Diego Lawyer You’ve come up with the best idea since sliced bread, figured out a business name and formed a corporation. There is, however, one small problem. You need money. Welcome to the world of investing. FTC Requires Companies To Destroy Consumer Records  By : San Diego Lawyer On June 1, 2005, the Federal Trade Commission issued new regulations requiring companies to destroy certain consumer records. The specific rule requires consumer information such as credit reports to be physically destroyed after it is used. Incorporating Tips - Capitalization  By : San Diego Lawyer Capitalizing a new business entity is a critical step of the formation process. Failing to take the step can lead to serious legal problems if the entity is ever sued. So, what is capitalization and what steps must be taken? Internet Partnerships - Don't Throw Away Your Business  By : San Diego Lawyer General partnerships are a poor business entity choice when it comes to pursuing business activities. They fail to provide the asset protection shield that should always be put between your business activities and personal assets. Many small businesses, however, find it profitable to combine their product or services with other small businesses. In doing so, they often fail to realize that they are subjecting them to the same exposure as a general partnership. Legal Terms - A Quick Guide  By : San Diego Lawyer Legal issues and problems are stressful, complex and inevitable. If you get wrapped up in legal issues, it sometimes helps to understand the lingo being bandied about. Marketing on the Internet: Legal Rules of the Road  By : San Diego Lawyer The Internet is connecting advertisers and marketers to customers from Boston to Bali. If you're thinking about advertising on the Internet, remember that many of the same rules that apply to other forms of advertising apply to electronic marketing. Minority Shareholders - Fighting The Man  By : San Diego Lawyer Investing in a corporate entity is fairly standard practice in our society. Problems arise when you own a small percentage of shares, but disagree with the direction the majority shareholders are taking the entity. As a minority shareholder, do you have any way to fight “the man”, to wit, the majority shareholders? Prompt Delivery Rules - Internet Product Sales  By : San Diego Lawyer The Internet is the fastest growing source of mail order sales. The explosive growth in the goods and services sold online has in the past taken many online sellers by surprise: demand has outpaced supply, depleting inventories and disappointing customers. This can lead to serious problems with the FTC. Protect Your Business With Non-Disclosure Agreements  By : San Diego Lawyer Every business should protect proprietary information when dealing with independent contractors, vendors and other businesses. The best way to do this is to use a non-disclosure agreement, often referred to as an “NDA.” Resolve Disputes With Your Partners Before They Happen  By : San Diego Lawyer A majority of businesses have ownership groups of less than five individuals. While this provides for efficient and effective management, difficulties arise when something happens to one of the owners. S Corporation - What Is It?  By : San Diego Lawyer For many small businesses, the “S” corporation is the business entity of choice. The “S” in S corporation refers to a tax designation. All corporations are created the same way under state law. A small business must then chose a tax status, to wit, “C”, “S” or non-profit. Important issues concerning S corporations are covered in this article. S Corporations - Filing The Election  By : San Diego Lawyer Getting a corporation designated as an “S” can be a bit confusing. If you are committed to getting an “S” corporation, here is how you do it. Solicitations To Prepare Your Corporate Minutes  By : San Diego Lawyer Every corporate entity must hold board meetings and keep corporate minutes. This doesn’t mean you have to be sucked in by the corporate minute preparation solicitations. The Secret To Protecting Your Business Assets  By : San Diego Lawyer Regardless of the type of business you conduct, there is a significant risk of being sued in our litigious society. Lawsuits can range from claims of negligence to defective products to disputes with employees. Incorporating is a means of guarding against these potential threats. Why Even A Simple Contract Can Save Your Bacon  By : San Diego Lawyer Every business owner says it; "Do I really need a written contract?" The answer is "YES, YES and YES!" Using a written contract is like buying insurance for your business deals, but much better. Why You Need A Business Entity  By : San Diego Lawyer When starting or expanding a business, many owners wonder if they should form a business entity and, if so, which one they should use. There is a wide variety of information and "pitches" being made on the Internet regarding the benefits of certain entities versus others. When you cut through the flak, however, the primary reason for forming a business entity is to create protection from personal liability arising from your business activities. Sarbanes Oxley Act and Legal Risk for Companies  By : George Lekatis Sarbanes Oxley is not only the original Act, but also all the interpretations in the new (after Enron and World Com) legal and political context. There is no room to "forget" to include legal proceedings after Sarbanes Oxley. The worst nightmare for companies is called Class Action. The negative publicity is a disaster for any company (and for its stock price). Delaware Limited Liability Companies  By : Matt Garrett So what exactly is the deal with Delaware limited liability companies? Put that particular combination of words into a search engine, even using the advanced search capability of searching for those words in that order, brings up an amazing number of hits? What are they and why are they popular? Delaware limited liability companies are one of those kicky little legal tangos that America is famous for. It’s one of those legal loopholes that allow the wealthy to get around p... Tax Advantages Of Incorporating A Business  By : Stephanie Hetu The tax advantages of incorporating a business is one of the main reasons that owners choose to incorporate their businesses, no matter what market they work in. Other types of businesses, such as sole proprietorships, are not afforded nearly as many tax advantages as an incorporation. A move called income shifting is one that helps the business, and its owners, immensely. This is a method in which the total income of your corporation is divided among its members. How doe... Enabling Sarbanes Oxley Compliance  By : Earl Powers Sarbanes Oxley compliance is not a one-day, a one-month, or even a one-year project; instead, Sarbanes Oxley compliance should be built into your corporate infrastructure as early as possible when you begin making changes. The more quickly you transition your business into long-term strategy change, the better you're going to be able to control Sarbanes Oxley compliance issues. There are a number of issues you can expect to impede this process: Project mindset - Your ma... Professional Online Conveyancing Guide  By : Clare Stevens Your guide to professional online conveyancing. "By the end of the whole ordeal we had just literally drowned ourselves in paperwork - why why why did we not just leave it to the professionals?" - Martine James. As Martine is acutely aware, buying or selling your house can be a real headache e What You Have Been Dying To Know About Fraud  By : Robert Thatcher Since the inception of the information technology and the technological advancement of the marketing industry, many people are engaging into fraudulent activities. This is because they are able to gain financial gains and advantages to people through easier and faster means. For this reason, authorities had been trying to suppress the growing trend of various frauds that are currently affecting thousands, if not millions of people. Basically, fraud is a kind of trickery... 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