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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.