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Archive for the ‘Business Law’ Category

The Importance of Business Attorneys When Starting a Business in California

Tuesday, July 20th, 2010

Managing a business involves many concerns, especially in areas such as taxes, debts and finances, employees issue, contracts, etc. To concentrate your attention in managing your business, you will need someone to handle other matters. A California business law attorney can help you focus on all other considerations of managing a business:

* Liability – Engaging in business can put your property and assets at risk. An attorney can help you avoid situations or reduce risk.
* Taxes – A lawyer knows that different business forms have different tax advantages and disadvantages. He is more experienced than you in this particular area.
* Autonomy – In most states, they adopt “Uniform laws”. These rules and regulation govern business entities as a “fill-in” for gaps in charter or by-laws. Business lawyers know some of these rules, which you do not even know, exist.
* Variety of entities – An attorney has better knowledge of business entities and the options that determine such things as double taxation, liability for partners, etc.
* Capital – A business has to raise money, keep records of income and distribution, and behave in a fiscal manner.
* Conformity – To ensure security and protection, a business has to conform and follow business laws. A lawyer can see to it that the law governing business is enforced and obeyed.
* Multi-state business – A business that operates in different states is governed by laws of each state where each one is located. A legal counsel knows which law applies in each state where a business operates.
* Control – Choosing a business form not suited to your interest can pose future problems with employees or partners.
* Contracts – A business enterprise engage in many contracts, agreements and deal. A business law attorney can explain to you the details of the documents and help you decide which contract is beneficial to the company.

If you plan to establish a business in California, you have to undergo certain procedures to be able to conduct business and operate legally in the state. To be able to accomplish this, you will need the help of an experienced lawyer to assist you in the preparation and processing of documents.

California business law attorneys at The Law Offices of James G. Schwartz is a commercial law firm specializing in representation of national, regional and local businesses financial and mortgage institutions, auto finance companies, retail companies. Mr. Schwartz has been representing local, regional and national companies since 1976. For more information, please visit their site at SchwartzBusinessLaw.com .

Types of Commercial Law

Saturday, May 22nd, 2010

Commercial Law is law relating to business, and often referred to as Business Law. There are many areas of Commercial Law and other areas of law that also affect business. Below is a summary of some of these.

ARBITRATION LAW

This is a way of settling legal disputes without entering the courtroom, something that can be helpful to many businesses. It involves someone, or a committee, acting as an arbitrator and independently looking at a case before making a decision as to a way forward. Usually in these cases the two parties will agree (and sign a legally binding contract) to go by whichever decision the arbitrator makes.

CONTRACT LAW

Throughout business, there are obviously many contracts of all types. There are contracts between employers and employee, stating details such as employees pay, holiday, working hours and what the job entails. There are also contracts between businesses and their clients stating what the business will deliver and how much they will be paid, and then there are contracts between businesses and other institutions, such as banks.

Contract Law states the way in which contracts must be formatted and what should be included. Whether or not a contract is legally binding is sometimes argued. Contracts might be unreasonable or the contents illegal. There can also be disputes as to whether the terms of a contract have been broken, something that is illegal.

BANKING LAW

This includes and dealings involving banks and their relationships with a business. There are many regulations around banking so it is important
for financial institutions to make sure they are following the law. There are regulations stating what banks are obliged to do, and what they must not do. There can be disputes between banks and businesses that go to court such as non-paid loans or banks acting unreasonably.

DISPUTE RESOLUTION

Unsurprisingly there are often disputes between businesses, or between and business and an individual. If clients are unhappy with the service they have received they may contest it. This means it is important that businesses fulfil their obligations; if they don’t they could be legally challenged.

EMPLOYMENT LAW

There are many laws around this area, which both employers and employees must fulfil. Employees must be paid at least minimum wage and are entitled to at least 4 weeks paid holiday (pro rata) per year. Employees must show up for work and do the job they are being paid for. There may be many other terms in a contract.

TAX LAW

All individuals and businesses who earn over a certain amount must pay tax. Employees who earn over the tax threshold must pay income tax. This is automatically taken from their pay as a percentage of their earning, which varies depending on what they are paid. Those who are self employed are responsible for working out their own tax, and will be held accountable should they fail to do so. Corporations must pay corporate tax on a percentage of their profits, although they can deduct money from their profits used for business expenses. This can be complex, and the law deals with those who break the law.

Arizona Business Lawyers

Monday, March 15th, 2010

Starting your own business can be one of the most stressful events in your life. This is because of the numerous things you need to attend to in setting up you business, including getting the necessary permits, looking for a location, and hiring employees. Among these, one of the most complicated things to do is to review the lease agreements and other legal documents that you need for the operations of your business. One of the reasons why doing so can become a challenge is because not everyone can fully appreciate the legal languages that are in these documents. This is especially true if the place where you are starting your business has some of the most stringent laws with regard to leases and other legal matters. One such place is Arizona, which has some of the most stringent laws with regard to business as a result of the healthy and varied business profile of the state.

Given the need for you to get legal advice on the different contracts you would be entering into in your business, getting a business lawyer becomes a necessity because, apart from giving you advice on contracts and other matters, like zoning laws, business lawyers can also negotiate on your behalf. However, looking for a good business lawyer requires that you do an adequate amount of research so that you can find the best lawyer for your business. One of the best ways to do so is to ask for referrals from friends or from your accountant. In addition to this, you can also ask the Arizona Bar Association if they can refer you to some of their members who specialize in business law. Another good place to look is the Internet, which is host to a number of web site of lawyers and law firms.

After doing the initial research, you can now interview your prospects where you can ascertain whether the lawyer can really help you. One of the most important things you should do during these interviews is to explain your business to the lawyer and ask him about the ways that he can help you.

Starting a business can be very stressful, especially if you have to review a number of legal documents, which are sometimes very hard to understand. However, you can reduce the stress that you feel by hiring a business lawyer because doing so will give you access to good legal advice on legal matters and give you the assistance you need in negotiations and other important matters.

The attorneys of The Meier Law Firm, PLC are a dedicated business law firm in Phoenix, Arizona with the purpose of providing individuals and businesses with high quality, efficient legal solutions to help them achieve important business goals. They offer a variety of transactional services to meet those needs, from company formation, drafting contracts, providing risk management and regulatory advice, to helping with the sale or purchase of a business.

When you hire The Meier Law Firm, PLC, Attorney Tony Meier directly handles your business or real estate matter. This type of attention is highly focused, personal, and results-oriented from your initial consultation until the completion of your legal matter. The Meier Law Firm, PLC does not work on the traditional law firm system of the billable hour. They utilize an innovative flat fee structure for all services to be cost-effective for your business and manage your legal services budget. You receive a fee quote for the services you need upfront. This way you know your fee in advance and will have no surprises when the bill arrives. To discuss how Tony Meier can help you with your business and real estate legal matters, contact The Meier Law Firm, PLC today.