Archive for the ‘Corporations LLC’ Category
Corporations – Ethical Vs Legal Business Operation
There is a little ‘legal’ restructuring mechanism that has become the toast of ‘good strategic advice’ to businesses of late. A relatively mysterious process called ‘Administration’.
I have to admit complete ignorance in the past about the full meaning of the term, as well as what it means in practice. Perhaps you may have too – but seeing that I have come across this ‘term’ at least 7 times in a period of 4 months – I have decided that I really do need to talk about it!
The fact that business owners are afforded personal liability protection also adds to the allure of business incorporation. In case of a financial crisis (and we all know from recent experiences that a financial crisis can happen any time), creditors cannot confiscate the personal assets of the shareholders, directors or employees.
Add to this the credibility factor that results from business incorporation and you can easily see why more and more small businesses are becoming incorporated, even though many small companies may find that deriving the benefits of incorporation takes time.
In layman terms: ‘Administration’ is a method whereby if you find your business in a tough place of not being profitable and not being able to pay your creditors (although not quite at the bankruptcy stage) – you can turn to professional ‘business recovery specialists’ who will guide you through a path of taking you neatly out of the hot water…and then ‘protecting you’ from your creditors and employees asking for money from you. And then, as a cherry on top, give you the opportunity to open your doors again the next day – doing the same business, but under a different name. (Can you feel the emotion behind my words here?)
Important documents that you will need for the set up of a new limited company are:
Memorandum of Association
Articles of Association
Form IN01
These forms contain important legal information including the name and address of the company, the rights of shareholders, authorized signatories etc. These forms are available for free download at the website of the Business House.
As of October 1, 2009:
1. Some of the forms that are currently used for incorporating will be changed or replaced.
2. The business incorporation process will become much easier and less complicated.
3. The practice of nominal or authorized share capital will be discontinued upon incorporation of the business.
4. Company naming will become more stringent.
5. Directors are now required to provide a different service address. After this, their personal address need not appear on any public documents
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Now What? You’ve Formed An LLC
We are a nation of do it yourselfers. This is true whether we are trying to fix the sprinklers in the yard or forming a business entity. Many people make a noble attempt to form their own limited liability companies these days, but then don’t have any idea what to do with the business entity once they’ve done so.
You need to choose a name to register and decide in which state you are going to incorporate your company in. The secretary of state for your chosen state of incorporation will be able to tell you whether or not your chosen name is available in that state. When you make your inquiry, you should also do a trademark check, this can be done at the US trademark website.
To entice the unaware, the states make the LLC the choice de resistance by often requiring only a pre-printed form to be filled out and mailed in. Some people will do this themselves while others will try to find a cheap online service to do it for them. The form is fairly easy to fill out. That is not the problem. The real problem starts when the forms come back approved from the relevant Secretary of State. Simply put, now what do you do?
One of the most important steps that you should perform with care is choosing the name of your LLC. It’s vital that the name you’ll be selecting is relevant to the business you are opening. You should also check if it is available.
To become an LLC corporation, you should fill out all the essential paperwork and file it accordingly. A business attorney can help you perform this step the right way. While you might pay extra in getting the services of a lawyer, it will be worthy because you’ll be able to accomplish the paperwork accurately.
The above are just the basic steps of how to incorporate a company. You also need to elect directors, issue your stock certificates and obtain a tax ID number from the IRS.
When you use an online specialist to incorporate your business, a lot of the work is done for you at a reasonable price and the steps that you have to actually take are set out simply for you
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Now What? You’ve Formed An LLC
mortgage refinance We are a nation of do it yourselfers. This is true whether we are trying to fix the sprinklers in the yard or forming a business entity. Many people make a noble attempt to form their own limited liability companies these days, but then don’t have any idea what to do with the business entity once they’ve done so.
juegos You need to choose a name to register and decide in which state you are going to incorporate your company in. The secretary of state for your chosen state of incorporation will be able to tell you whether or not your chosen name is available in that state. When you make your inquiry, you should also do a trademark check, this can be done at the US trademark website.
property management To entice the unaware, the states make the LLC the choice de resistance by often requiring only a pre-printed form to be filled out and mailed in. Some people will do this themselves while others will try to find a cheap online service to do it for them. The form is fairly easy to fill out. That is not the problem. The real problem starts when the forms come back approved from the relevant Secretary of State. Simply put, now what do you do?
One of the most important steps that you should perform with care is choosing the name of your LLC. It’s vital that the name you’ll be selecting is relevant to the business you are opening. You should also check if it is available.
To become an LLC corporation, you should fill out all the essential paperwork and file it accordingly. A business attorney can help you perform this step the right way. While you might pay extra in getting the services of a lawyer, it will be worthy because you’ll be able to accomplish the paperwork accurately.
The above are just the basic steps of how to incorporate a company. You also need to elect directors, issue your stock certificates and obtain a tax ID number from the IRS.
When you use an online specialist to incorporate your business, a lot of the work is done for you at a reasonable price and the steps that you have to actually take are set out simply for you You can be published without charge. You can to republish this article in your website or blog. Please provide links Active.
Employment Law Solicitors: What’s The Problem With Internships?
Internships have been getting a bad press of late, with employment law solicitors and other campaigners claiming they are exploitative and often illegal. Whilst the employment law solicitors react angrily and express fear over the constant rise of the internship, the companies who use interns and very often, even the interns themselves, would argue that it’s more about experience than exploitation. So is it exploitation or experience?
The use of internships is more prevalent in some industries than others. The fashion industry is one. Recent press reports have featured former fashion interns who claim they were made to work for months on end, twelve hours and more a day, with no prospects of permanent paid employment to look forward to after the internship. Indeed, some interns claim they have worked for free in fashion houses where they have outnumbered the paid staff. This shows that too many companies in many industries have begun to rely on the intern for unpaid work.
Employment law solicitors point to minimum wage rules, which suggest that companies using interns may well be acting unlawfully by failing to pay interns. They say that stating that someone is an intern does not mean that they don’t have to be paid. Legally, if a person is engaged for a long period of time, on a regular basis, carrying out work that is core to a company then they are to be considered an employee and paid fairly and legally. Some employment law solicitors have previously acted on behalf of disgruntled former interns who realised they were due a wage for their work and have won backdated pay at the minimum wage for their clients. Unfortunately, such cases were not widely reported and did not set the legal precedent that had been hoped and the situation remains largely the same.
Campaigners claim that internships are actually responsible for the problem they claim to resolve: graduate unemployment. The rise of graduates willing to work for free has largely restricted the number of paid entry-level roles available. After all, why would a company pay when a new graduate will do the job just as well for free?
Employment law solicitors are encouraging companies to consider minimum wage law and ensure that they are compliant if they use interns. They, along with campaigners are also calling for a fundamental change to the system, suggesting a restriction on the amount of time a company can ‘employ’ someone for free should be introduced. Doing this, they hope would encourage companies to take on their interns on a permanent, paid basis after the initial period.
Comparing And Constrasting American And Thai Corporate Law
The following post attempts to compare the methods of business incorporation in the United States and the Kingdom of Thailand.
American law and Thai law are very different bodies of jurisprudence. That said, there are some similarities in the area of corporate law. In this piece we will briefly discuss the somewhat minor differences between the two systems.
In the USA, one of the most widely utilized legal structures for doing business is the Limited Liability Company (also called the LLC). This type of entity was created in order to provide a relatively easy means for individuals and groups to organize a company with limited liability at a relatively low cost and with relatively little in the way of supporting documentation compared to incorporated entities such as a “C Corp” or an “S Corp”. However, a US LLC still requires maintenance as the books must be kept up to date and the activities of the LLC must comport with the local law of place in which it is incorporated. Therefore, many foreigners make the decision to retain the assistance of an American lawyer when setting up an LLC for the first time. Furthermore, a registered agent in the US may be required if the activities of the LLC occur primarily offshore.
In the Kingdom of Thailand, incorporating a company is, in some ways, not nearly as simple compared to the United States. The Kingdom of Thailand does not have a legal entity akin to the LLC in the US. Furthermore, limited liability is only granted under certain conditions and the conditions associated with such an endeavor are usually cumbersome. Another point to ponder with regard to conducting business in Thailand is the Foreign Business Act. This legislation prohibits foreign companies from conducting certain types of business in Thailand. This can be a significant obstacle for those who wish to enter the Thai marketplace. Through use of Foreign Business Licenses, Amity Treaty Certification, and/or Board of Investment Certification a foreign owned company in Thailand might be able to enjoy comparable legal equality with its Thai counterparts. However, Thai visas and work permits may still be required for the foreign employees of the company.
When it comes to visas and work authorization both the United States and the Kingdom of Thailand have strict rules and regulations regarding foreign labor. In the United States, certain visas such as the L1 visa or E2 visa might confer a conditional authorization to work in the USA depending upon the provisions of the visa itself. Those being admitted to the USA on an Immigrant visa may be granted unconditional permanent residence depending upon the language of the underlying travel document. In Thailand, the Immigration issues are seemingly more straightforward although the issue of work authorization can be far more complicated than the American rules regarding foreign work authorization. In any case, it is generally wise to consult with a licensed lawyer from the jurisdiction where one wishes to conduct business. This helps ensure that the proper steps are taken at the outset of the company incorporation process.
To find out more please see: US Company Registration.