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    Atlanta accident lawyers

     

    When choosing a lawyer to fight your accident case, keep in mind that it is absolutely essential for you to choose an extremely competent person for the job. You only get one chance to fight your compensation case. Imagine losing the case, not because you are in the wrong, but because the lawyer you chose did not have the necessary expertise to fight your case. The lawyer or the firm might have a proven track record in real estate or bankruptcy cases, but that experience probably will not win your accident compensation case. It is extremely important to check the credentials and reputation of the lawyer you choose. Another thing to keep in mind is the lawyer must be ready to take your case to the court. This is because most lawyers would prefer an out of court settlement and in this case, you will not get your fair due. You also must be sure that the lawyer you choose actually fights your case for you. In many caes, you meet a lawyer to discuss your case, but when the real work begins, the assistants or the paralegals take over. You don't want that. Don't get carried away with the flashy campaigns that some lawyers use for advertising. Before settling for a lawyer, try to find out their success rate and whether he or she is personally willing to fight your case for you. This is extremely important because ultimately, it is the insurance companies that are going to pay. If they know that your lawyer is not going to compromise, they wont use any sort of pressure tactics. Atlanta accident lawyers can be found through a referral service provided by Georgia State Bar Association, the county bar association and other professional law associations. Information is also available in the yellow pages or through search engines like Google and Yahoo on the Internet. You can check advertisements of law firms in magazines and newspapers. Friends and family members are also excellent sources of information.

         
    Attorney

     

    When people are accused of a crime, they should find a defense attorney right away. Most attorneys who are criminal defenders usually find their clients in great danger of going to jail or being sentenced to death. A good criminal defense lawyer will represent anyone committed with a crime to the best of his or her ability. Sometimes the lawyer can choose to quit a case if they have a personal conflict while dealing with the case, but a lawyer cannot leave their client hanging. If a lawyer in America to get off a case, they must be able to find a replacement lawyer that can do the job. Many times an attorney will realize that they are working for the wrong side and will withdraw from the case. However, if they don’t have another criminal defense attorney to replace them they can be disbarred and lose their practicing license. A good defense attorney will also try to negotiate with prosecutors for lesser sentencing or reduced charges. This is called a deal in the legal world and depending on the seriousness of the crime, a deal may not be offered or accepted by the D. A. or district attorney. Criminal defense attorneys do so much more than examine witnesses and argue in court. They also formulate sentencing programs that are fixed to the client’s needs like offering rehab instead of jail time. They also make sure that the defendant knows the reality of the situation and the stakes that in the case. Many times, this is when the defendant could possible get the death penalty. In some cases, they will tell the client to fight or give in depending on the stakes. They are also familiar with all important laws because there are so many loopholes in the system. A good lawyer knows how to find the loopholes so that they can win the case. They are also familiar with the rules and procedures of court. They know what the prosecutor, the jury wants to hear, and they state them all in their opening and closing statements. They also understand hidden costs of pleading guilty like how it will affect their client’s life for the end of time they will be marked as a felon. A good defense attorney will spend special time on all their cases with all effort to win. Many will represent anyone who can afford their services, while some pick and choice based on rather they can win. Good defense attorneys will chose clients that they honestly believe and that they honestly want to help rather or not the client is guilty or innocent. A good defense attorney will follow their code of ethics and go for cases that are important to them. A good defense attorney will spend hours thinking about the possible questions that their client will be asked, as well as, the questions that they will ask the prosecution’s witnesses. This may require an investigation team so that they can find information that will make every witness that is against the defendant less creditable. They will try to do whatever it takes to represent their clients to their fullest capabilities. For more info visit: seek-attorney/

         
    Attorneys

     

    Attorneys are people who have gone to law school and who practice the law. They must pass a big exam called the bar exam. This is what makes a student a certified attorney. Sometimes students can have a hard time determining what kind of law they want to practice because there are so many different types. First, you need to consider all areas of the law. Once you have narrowed your choices down to a three you should start seeking as much information on those choices that you can possibly fund. You will also want to determine what type of firm you want to practice. Maybe you want to do corporate law where you have the opportunity to make partnerships or maybe you want to head out on your own. There are so many areas of the law that some lawyers specialize in a couple areas, while some focus on just one area of the law. Practicing attorneys that do a generalization of many areas of the law are called general practitioners. They don’t focus on all the areas, but they choose many areas in which to have great knowledge of. Specialists focus on one area. You may have criminal attorneys, tax attorneys, women’s rights attorneys, and so on. A general practitioner can handle most legal issues that are common. If you are involved in a complex case or case that is worth a lot of money or a serious matter you will want a specialist. In some cases, people will have multiple attorneys so that they can make sure that their case is being handed to the firm’s full capability and so on. When it comes to the lawyers, you will mostly see what special training they have gotten. Attorneys are just the name for anyone who can represent you in a court of law. They too have to pas a bar and are state certified. Any lawyer can be an attorney. The only thing is that some lawyers do not litigate. They try to get deals or bargains so that everyone is put in a win-win (or lose-lose) situation. Their track record is usually very good considering that they must convince the other lawyer to give in, while the attorneys have the option to convince a group of peers. It is so much easier to convince one person out of twelve to join your side of the issue than it is to convince one important person. When it comes to being a lawyer, many decide rather they want to go with a firm or practice within a private office. Firms are large groups of attorneys or lawyers that work together. If your case is extremely important to you; like if you can’t afford to lose, you will want to go with a law firm. The old saying two heads is better one fits perfectly into this situation. Many people will attack your case at different angles and a firm just combines those angles to give the client a better change of winning and getting a better deal in the end. For more info visit: seek-attorney/

         
    Australian workplace agreements explained

     

    A Workplace Agreement (Australian AWA) is an individual written agreement of terms and conditions of employment between an employer and employee and or employees. Except for Occupational Health and safety, Workers' Compensation or training arrangements an Workplace Agreement can override employment conditions in state or territory laws, but an Australian Workplace Agreement must meet the Australian Fair Pay and Conditions Standard. Australian Workplace Agreements which fail the test may still be registered if it is in the public interest to do so. A workplace may be covered by an existing enterprise agreement specifying conditions above the award, which may mean that the Workplace Agreement is a reduction in standard workplace conditions. On March 27th 2006 new arrangements for a workplace agreements came into effect which meant that different work place agreement procedures had to followed. When the Liberal Federal Government, lead by John Howard announced the new reforms dealing with new Workplace Agreements and work conditions, Unions slammed the introduction of a system, claiming that thousands of unskilled and skilled workers Australia wide would be sacked on the spot, with no penalties and rights, once available through the old Industrial tribunal system. Conversations in workplace lunchrooms following the Federal Governments decision to introduce the new WorkPlace Agreement in 2006 lead to fears of mass sacking's, loss of wages and terms and conditions of employment that most workers were not happy to comply with. These fears were realised in late March, when workers at a regional meat works were sacked on the spot and replaced by imported, cheaper labour until the retrenched workers agreed to a new and much less favorable Workplace Agreement. A company in South Australia immediately sacked without notice 2 skilled workers with many years experience, giving no reason for their retrenchment, except for claiming that these employees were no longer required. It is early days in for the new Australian Industrial Workplace system, but signs of worker unrest and confusion are popping up in nearly every workplace. The workers most effected by the new system are unskilled and semi-skilled labour. Employees that can be are now replaced more regularly each time a company is restructured or streamlined. Wages, work conditions, except Occupational Health & Safety can now be negotiated between employees and the employer. But Union officials say that this system is bound to lead to bullying by some employers as they introduce an agreement of "either take what we offer of leave". Time will tell what will happen in the Australian workplace, but disturbing signs are already making the Federal and State Governments move quickly to amend and in some cases change many Workplace Policies.

         
    Aviation accident lawyers lawsuits

     

    Aviation Accident Lawyers & Lawsuits Although today’s air travel is one of the safest forms of transportation, aviation accidents still happen and can become a living nightmare for those involved. There are many reasons that aviation accidents happen and they can all vary greatly depending on specific circumstances and problems that occur during the flight process. Some of the accidents that occur deal with taxi and takeoff, descent and landing, mechanical failures, pilot error, poor weather and fuel mismanagement. Many people believe that aviation accidents can simply be caused by ‘bad luck’, however in many of the cases researched; the accidents could have been avoided all together. If the pilot and flight crew can perform their jobs without and mistakes, an aviation accident is much less likely to occur. An aviation lawsuit involves a lengthy process which requires an experienced level of expertise. Litigation in the aviation industry generally involves expert witnesses with specific knowledge in certain aspects of aviation such as air traffic control, engine design and mechanics. These lawsuits are generally directed towards pilots or manufacturers of aircrafts, however sometimes pilot error can be blamed for accidents along with defective or malfunctioning machinery. Since planes are mass produced, if there are malfunctioning parts in one of the planes, there’s a chance that all of the models will have this defective part.

         
    Badger state wisconsin child support

     

    : Wisconsin Child Support When enrolled in a state or federal public assistances program, the child welfare will refer you to an agency of child support for service with no charge. If at the current state you are not provided with public aid, you can stop by your local child support agency and pick up an application for support services Wisconsin child support Paternity If your child was born in wedlock, then the husband is labeled the legal father. However, if the child is born out of wedlock, then as a custodial parent you must establish paternity before a court can order any child support. By volunteering to file a paternity acknowledgement form with the state, you would be able to determine the father by establishing that paternity. You can retrieve this form from the hospital where your baby is born. When at anytime the alleged father doubts the paternity of the child, there will be a genetic test to proof once and for all who the father of the child will be. Wisconsin Child Support Locators Before a custodial parent is able to establish paternity, they must first located the father. Wisconsin has assistance in locating the missing father so that paternity can be established. This assistance is the Kids Information Data System (KIDS), which is designed to automatically check computer databases for any information on parents who are behind on child support. Changing Wisconsin Child Support Child support cases are reviewed every three years or at the custodial parents request. The reason behind this review is to see if the non-custodial parent has had a raise or a cut in pay. The Wisconsin Child Support Bureau also determines if the child support payments are too high or too low. This review can also be requested more often than the three years. For example, if the non-custodial parent changes jobs frequently and the pay is better than the last job, then the non-custodial parent has the right to have the child support modified. For more information on Wisconsin Child Support laws please click the links below.

         
    Bail bond agents

     

    Sometimes a defendant in a court case cannot raise enough money to cover the entire bail amount. In such instances, the defendant, a relative, or a close family friend can approach a bail bond agent as a co-signer to post the bail. In this case the defendant needs to pay about 10% of the bail amount and provide a collateral to the bail agent for the rest of the amount. The bail agent provides an avenue for the defendant to be out of custody until the day of the trail in court, thus allowing the defendant to continue day-to-day life until the criminal matter is resolved. The bail agent will provide for the many of the defendant’s needs to ensure that the defendant appears before the court as and when summoned. They should always be sure of the defendant’s whereabouts and should be able to locate the defendant in case of forfeit. Bond agents provide the co-signer or the defendant with the receipts and copies of all signed documents and the information regarding the status of the bond and changes, if any, in assigned court dates. They should provide clear documentation regarding the status of any costs due, which were imposed by the court. The bail agent must be able to provide the timely return of collateral upon exoneration of the bond. Bail agents charge about 10% of the total amount of the bond, plus the actual, necessary and reasonable expenses incurred in connection to the transaction. The amount of the bail bond has to be determined by the court. The co-signer is responsible in the case of an absconding defendant. In such cases, the bail agent will charge for all the expenses incurred while searching for the defendant from the co-signer. The co-signer must be employed and must be living in the same area for some time, in the event a collateral is not provided. To become a bail bond agent, the applicant must be 18 years of age and either a citizen of the United States or resident alien. The applicant must have no criminal record in any jurisdiction for the past ten years. An application must come only through a licensed bail bond agency where the applicant is employed, or be licensed as a bail bond agency. The applicant must be able to bear the requisite fee.

         
    Bankruptcy attorneys

     

    When financial crisis is on the horizon, it’s time to find a professional qualified to help you through the trying process of financial rehabilitation. Consider the following points when making the decision to enlist a bankruptcy attorney: 1. Free Consultation For bankruptcy legal advice, if a bankruptcy attorney requires a consultation fee, keep looking for an attorney. Any bankruptcy attorney that truly values his clients will not insist on a consultation fee. 2. Experience and Reputation Attorneys specialize in everything from corporate bankruptcy to criminal law, so it only makes sense that you choose the correct bankruptcy attorney. This, as well as the prospective attorney’s personal experience can be verified at a consultation (see number 1 above). An experienced bankruptcy attorney will understand local rulings and know how to work with local creditor attorneys and judges. All attorneys get their experience in large part from working their clients’ cases. Find out how much of a guinea pig you may be before deciding on an attorney. 3. Attorney-Client Interaction and Relationship You have to be able to talk with your attorney and feel understood in order to accomplish a successful bankruptcy outcome. A prospective bankruptcy attorney should be willing to answer your questions. You should definitely feel comfortable with the attorney that you choose to work with. 4. Size of Law Firm It can be advantageous to choose an attorney that is affiliated with a large law firm. In many situations, bigger, more reputable law firms are more likely to have just the attorney available for your particular situation. This can be important if you’re pressed for time. Also, you are more likely to receive top priority at a larger law firm. 5. Credit Restoration After filing bankruptcy and setting up repayment plans as necessary, you will also want to rebuild your credit. It’s important to choose an attorney that will assist you in rebuilding your financial life. He or she should be willing and able to offer assistance and tools to directly rehabilitate your credit standing and preparedness. 6. Location Last, but not least: location, location, location. I hate being the bearer of bad news, but in most legal situations, particularly something as grueling as bankruptcy, the odds are pretty good you’ll be spending more time at your attorney’s office than you may first expect. Then again, more and more legal transactions are taking place via electronic communication of various kinds. If this suits your needs, by all means, utilize the resource. Article source: freeadviceabout/bankruptcy/Bankruptcy_Attorneys_How_Do_I_Choose. html

         
    Bay county public criminal records for resident research

     

    The price of information has gone into a steady increase. Perhaps it has much to do with the rise of Internet use. In these highly mobile days, it really pays to know and the Internet is the one medium that keeps all of us inter-connected. Yet despite these advances in technology, there are still many things that we are unable to accomplish with the web. For instance, old pertinent records may not be available in the Internet, which mostly contains the newest data at hand. And thus, nothing compares to the manual retrieval of information and most public records researchers can attest to that. But the Internet still has its uses too. If anything, it gives you a place to start. Take Bay County public criminal records, for example. We all know that most states in the U. S. keep online databases of public criminal records which anyone can access. Florida is no exception. By state statute, the Florida Department of Law Enforcement is tasked to provide a criminal history information database that would serve as the state central repository of Bay County public criminal records and those from other counties, cities, towns, and municipalities. But the problem with the state database is that the Bay County public criminal records you find there deal mostly with convictions. And as we all know, not all Bay County public criminal records are necessarily records of convictions. So if you’re looking to perform an exhaustive search of Bay County public criminal records, the state database shouldn’t be your only source of information. MyFloridaCounty – Recorded Documents This site is a free online archive of statewide official records. Here you can search for Bay County public criminal records of any private individual or business entity. Simply fill up the search form provided and then select which document type you want to search for. The good thing about this site is that it allows you to search for multiple document types so you can look for affidavits, certified copies of court judgment, court papers, release records, probate documents, et cetera. BayCoClerk – Bay County Clerk of Courts If there’s any one place you should check out for Bay County public criminal records of court filings, then this would be the site. Court records are excellent sources of information for your Bay County public criminal records search. Not only do they contain details of the crime in question, but they also contain other pieces of information that may be pertinent to your research, such as full name of the defendant, the prosecutor, the defense attorney, presiding judge, record of conviction, and the like.

         
    Becoming a policy advocate how to make your voice heard on laws that effect you

     

    Each of us at some time in our lives has become outraged when hearing of a new bill being introduced by our legislator(s). Even worse and because of that bill, we hear that a new law has been enacted and will become effective in the near future. How the heck did that happen we might ask? I didn’t even know that kind of law was up for consideration you might think. It seems sometimes that all of a sudden we’re to abide by this new law whether we like it or not. I can assure you, it didn’t happen suddenly and you had the power to do something about it. There are three important things you can do to make sure your voice is heard. Education Education about the political process is crucial towards an understanding on how policy becomes law. Most of us know that at the National level of the United States, we have a President, a Vice President and staff that are supposed to work towards protecting the public interest. There are three governing branches in our democratic system; Executive (the President and staff), Judicial (Supreme Court) and the Legislative (Congress-the decision-makers on legislation/law). It is the legislative branch that will be the focus of this article. Education on the political processes of government will bring about the second most important thing you can do to make your voice heard on the potential passage of laws that will affect you. Awareness How did that law get passed and why didn’t you know about it? It would be negligent not to mention that some proposed bills are worded and designed to confuse or hide the actual intent of the bill. Often, bills are routed through the House of Representatives and the Senate with the intention of sneaking the bill through towards being passed in an effort to keep it from gaining significant attention. Your education and awareness of policy will train you to read bills from a critical perspective. Every bill or proposed piece of legislation is available for reading by the public (both on the National and Local levels). Becoming aware of what a bill really intends to change and what its purposes are is up to you to critically analyze. It is our responsibility to educate ourselves and become aware. It is only then that we can take action. Take Action Let’s talk about one example of a bill being proposed at the National level. Senate Bill, SA1379 has been introduced to require "certain dietary supplement manufacturers to report certain serious adverse events". What does this REALLY say? What does this bill actually intend to do? What is its purpose? Education and awareness will take you into the text of this bill with knowledge and a critical eye. Then you can make an informed and responsible decision. Becoming an advocate on any policy issue requires determination and passion. After education and analysis of any particular piece of legislation we can decide to accept the bill or reject it. If you accept or agree that a proposed bill should be enacted and made law you can sit back and let it run its due course. If, however, you reject a policy and find it unfair, objectionable or unjust, it’s time to take action. Policy advocates take action in several ways. They can be individuals or groups. They either attempt to improve existing policy, establish new policy or make attempts to defeat existing policy. They act. No matter the effort, if you want to change laws, you will need some tips on how to create the change you wish to see implemented. To become effective change advocates we must first understand that changing policy can often be extremely challenging and difficult work. You may encounter opposition at every turn. You may find very few others that support your position or values. On the other hand, there may be many people that want to join in your effort to change a policy or law. If you are truly passionate about an issue and believe it needs to be changed, the rewards of your efforts could be many. The most important thing to remember is that it takes only one person to start the process for change but you will need support. Let’s talk about how you can begin. After educating yourself on the actual bill you wish to challenge, having some general knowledge of how a bill becomes law will become just as important. The best place to begin is in understanding your own state/local legislative process. * Find out who your senator and representatives are in your voting district * Visit your state capitol. * Spend a day at the capitol and watch the senate as they vote on proposed bills. * Make an appointment to meet with your legislators, senator or representative to discuss your opposition or concern around a bill * Never doubt your power as a voter * Many states set up specific days for roundtables, discussions. Presentations around specific bills or issues. Find your passion, a bill that interests you and join in on the open forums. Taking a day to familiarize yourself with the legislative process will guide you on how to effectively advocate for the bill or policy you want changed. Simply put, it will show you how things are done. It will arm you with the information you need to challenge what you believe to be right. There are other ways to safeguard your rights when it comes to policy. * Keep your legislator’s addresses, emails, and phone numbers handy and communicate with them on a regular basis. Just a note: Some are saying that e-mail is becoming less effective. Legislators and public servants receive many e-mails on a daily basis; yours could get lost, ignored or easily overlooked in the avalanche. * Look up your state’s legislative web page. A wealth of information is available there and most are user friendly. This resource is an educational tool loaded with what bills are currently being introduced in that legislative session, how to contact your representatives, the status on all bills currently being considered as well as some older ones from past sessions to name just a few. While this is not an exhaustive and complete list of things you can do, it is a beginning. Becoming educated on the ways of law and rule making, staying aware of those bills that could affect you or your loved ones and taking action will insure you that you tried to do something. Sometimes all of the advocacy and action in the universe won’t change policy but wouldn’t it be fulfilling to know that you took some part in trying to effect a change? You took part in something you believe. You could, without knowing how huge the impact was going to be, have helped millions of your fellow Americans or state citizens. Take the time to know what’s going on in the political process. It is your right to protect yourself from policy that could harm. It’s our obligation to help others not to be harmed as well.

         
    Best solicitor services

     

    Dear visitor, you see at contactlaw. co. uk, and really important to us. We want to choose the best solicitor to handle the particular legal problem or situation you have where a solicitor with the right amount of experience in the right area of law is very important. We select only the best, UK solicitors, Commercial litigation solicitor, commercial conveyancing, employment solicitor, conveyancing solicitor, who are best and care about their clients very nice, and are fit to fight for justice for you. So if you want to be able to relax, while contactlaw. co. uk expert solicitor does all the hard work for you, Our solicitors undertake legal matters with experience, closely and professionalism. A constructive overview at senior solicitor level is always taken for legal advice. Clients instruct our commercial litigation solicitor, commercial conveyancing, employment solicitor, Conveyancing solicitor, emigration, legal advice and uk solicitors from throughout the United Kingdom and abroad. contactlaw. co. uk, are available online, telephone, fax and e-mail. contactlaw. co. uk broadly-based commercial and corporate law practice representing, a range of business clients in Britain, Europe and around the world. We act for all property matters, business premises, office leases, shop leases, pub leases, restaurant leases, developments, investment and industrial properties, clubs, hotels, environment and planning, finance and security, deal negotiation and new projects and other professions located throughout the United Kingdom and overseas, call us or complete our online form, and we will allocate a solicitor to call you and discuss your all requirements with legal advice. Contactlaw. co. uk experienced solicitors, work on all property matters, business premises, office leases, shop leases, pub leases, restaurant leases, developments, investment and industrial properties, clubs, hotels, environment and planning, finance and security, deal negotiation and new projects. Our Commercial Solicitors have well established reputation in providing a comprehensive and cost-effective service in property transactions and geared up to achieve clients' objectives quickly. We work at short notice, to tight deadlines and to a high standard, aiming always to maintain the initiative we do not disclose your details to any other party without your prior consent. Our Commercial Solicitors have a broad continuum of legal expertise enabling them to deal with transactions in a commercially-focused as well as legally effective manner.

         
    Business contracts

     

    A business contract is a legal promise made between two or more parties. A contract may be drawn when the associated parties wish to enter into a transaction like buying or selling, performing services, leasing properties, collaborating in joint ventures, advertising, manufacturing, distributing or selling goods, etc. The business contract is considered a surety against cheating by any of the associated parties. The length of a business contract depends on the number of clauses being mutually agreed upon. It may be of a single page or it may run into a dossier of several pages. Every business contract is legally binding and attracts relevant stamp duties. The general practice is to compose such business agreements in the presence of lawyers of all the parties involved. The first page of a business contract usually contains the names and addresses of the signatories. A brief description of their jobs can be mentioned along with their names. The date of signing the contract is put up on the first page. The next part of the contract is called the recitals. This is a very short description of the type of transaction the parties are going to enter into. It is usually no longer than a paragraph. After recitals follow the specifications, in which there is a detailed description of the job the parties are to undertake. This part may run into several pages and it contains a very succinct description of the exact job portfolio. It sometimes contains formulas, diagrams, sketches and graphs in order to better explain the nature of the job. Payment comes in the next section. A very clear mention is made of the remuneration that one of the parties is to give to the other. Either the exact figure is mentioned, or at least the determining factors are outlined. If time is extremely relevant in the completion of the job, then the sentence “Time is of the essence” is included. Whatever the conditions regarding the payment may be, they are to be put down in the contract. Apart from all this, there are several legal points covered. It is written in the contract which state jurisdiction will apply in case of a legal suit. Also, the tenure of validity of the contract is mentioned. A business contract is a very delicate matter. It takes several deliberations between the associated parties along with the involvement of their lawyers to reach a final draft. There are sometimes several negotiations and amendments in the agreement, until it becomes satisfactory to all concerned. Only after mutual agreement are the signatures put down on the document. All concerned parties have to preserve a copy of the contract as long as it is valid.

         
    Business entities a quick guide

     

    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 "C" Corporation: A corporation whose shares are held by shareholders. The entity stands apart from the shareholders for legal and tax purposes. The shares of the corporation may be “taken public” and traded on stock markets. Google is an example of a publicly traded “C” corporation. Foreign Corporation: A corporation doing business in a jurisdiction beyond where it was formed. Microsoft is a Washington corporation. When it does business in New York, it is considered a “foreign corporation.” General Partnership: A business effort involving two or more people, known as partners. Each partner is liable for all partnership debts and obligations regardless participation and contribution amounts. Put another way, a general partnership provides no protection against lawsuits. Holding Company: Part of a double incorporation strategy. The sole purpose of a holding company is to own or control other companies. Said other companies typically are exposed to significant liability threats. For instance, many insurance companies use holding companies to suck off profits and limit lawsuit risks. Joint Venture: A cooperative business effort between two or more parties. It is usually limited to a single business purpose and involves a sharing of responsibilities and revenues. For instance, a database programmer and web site designer might enter a joint venture to provide e-commerce solutions to businesses. “LLC” - Limited Liability Company: A creation of state law in which one or more individuals form an entity providing the liability protection of a corporation, but the tax benefits of a partnership. Limited Partnership: A partnership in which the business is managed by a general partner with limited partners supplying capital investment. The limited partners are prohibited from actively participating in the management of the partnership. In exchange, the limited partners liability is limited to the amount of their investment. In pursuing this business entity, the general partner is almost always a corporation. Partnership by Estoppel: A partnership created by operation of law when two or more people pursue a business goal and hold themselves out to the public as such. This business entity is prevalent as it is the automatic designation for two people doing business who fail to take any steps to designate a business entity. In this entity, each partner is completely exposed to liability risks. "S" Corporation: Similar to a “C” corporation, this entity provides solid asset protection for shareholders from business liabilities and debts. The primary difference is the entity can be taxed as a pass through entity and is limited to 75 shareholders. Sole Proprietorship: A business owned and controlled by one person. The designation provides no protection from business liabilities. It is taxed on the person’s personal tax returns on schedule “C”. Each of the above entities provides certain advantages to a business owner. If you consider the particulars of your efforts, you should be able to get an idea of which one is best for you.

         
    Business entities filings with the state

     

    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. States To the surprise of some, state law instead of federal law governs business entities. When form an entity, you should look to the Secretary of State for your jurisdiction to find out the filing requirements. Some states provide clear and concise information. Other states seem to enjoy making the process difficult and complex. Regardless, all of them have a web site for the Secretary of State. Corporations In most states, forming a corporation requires the filing of articles of incorporation. Articles of incorporation requirements differ by state, but typically require a statement of the name of the corporation, the number of authorized shares, the name and address of a registered agent and the name of the incorporator. The incorporator is typically the person signing the articles of incorporation. Once created, the articles are filed with the Secretary of State, which eventually will approve and return them to you. In most states, there is no need to file bylaws, organization minutes or shareholder information. Limited Liability Companies Limited liability companies are simple structures and are the creation of creative politicians in Wyoming. In 1977, Wyoming passed the first state laws authorizing the creation of these business entities. Mirrored after corporations, the filing process is similar to corporations, but with little tweaks here and there. Whereas corporations have articles of incorporation, limited liability companies have Articles of Organization. These Articles of Organization require pretty much the same information as articles of incorporation. The primary difference, however, is most states require you to use a pre-printed form for the articles. Make sure you check with your state to determine if this is a requirement. Do It Yourself? If you are a sole proprietor seeking a business entity, you can handle it if you understand the concepts. If you don’t understand the process, get a professional involved. If there are two or more people in the business, an attorney should be used for liability purposes. These liability purposes arise when one “owner” takes charge of the filing. When disputes later arise, the take charge owner is inevitably accused of organizing the filing in such a way at to create an advantage. Yes, it happens all the time.

         
    Business entity mistakes criminal conduct and independence

     

    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. Criminal Action Creating a business entity only protects a business and shareholders from civil liability. Civil liability arises from a body of state and federal law that allows for compensation for alleged wrongs. These wrongs can arise in the form of negligence, contractual breach and so on. If an entity is found civilly liable, it must pay compensation, but no jail time is involved. Neither a corporation, limited liability company nor any other entity will protect anyone from criminal liability. Claims to the contrary published on various web sites are simply wrong. A person forming a corporation to front for a ponzi scheme or scam to defraud consumers is going to receive no protection from criminal prosecution. If you have any doubts on this issue, simply consider the recent criminal convictions of the Tyco and Enron executives. Standing Apart Both corporations and limited liability companies are considered to “stand apart” from their investors for legal purposes. In essence, both entities are considered to be “persons” under the law. This legal fiction is, of course, what gives rise to the asset protection element of both entities. Unfortunately, many small businesses don’t understand this distinction and lose the asset protection when the most need it. To maintain the asset protection benefits of a business entity, you must treat it as an independent party. For instance, you do not “own” a corporation. Such statements can come back to haunt you when a plaintiff’s attorney presents them in court while arguing the entity is a sham. To avoid this problem, you can simply say you are the President of the business entity or whatever position you hold. In Closing Forming a business entity is a necessary step for most small businesses. Once the entity is formed, make sure you follow the necessary formal procedures to maintain asset protection.

         
     
         
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