Posts Tagged ‘Business And Law’
here are a myriad of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.
If you’ve paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren’t up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:
· Civil Rights Act of 1966
· The Equal Pay Act of 1963
· Americans with Disabilities Act
· The Immigration Reform and Control Act of 1986
· The Age Discrimination in Employment Act
· The Equal Employment Opportunity Act
· The Bankruptcy Act
· The Occupational Safety and Health Act
· FMLA, the Family Medical Leave Act
· Employee Polygraph Protection Act Labor Law
· FLSA, the Fair Labor Standards Act
And that’s not even counting the various state employment business laws that might apply to your business! If you aren’t sure of whether you are meeting all the regulations, it’s a good idea to get a checkup for your HR department.
Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.
And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren’t careful to stay on top of things.
Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.
Each and every person in this world must have at least once thought about opening some sort of business to increase his or her
income. No matter if you are thinking about opening a small family business or a larger company, you cannot do anything but obey the business laws! If you don’t, you and your business can get into serious trouble!
In case you are under the impression that you need to be a graduate of a business law college or have a business law major in order to understand and use some of the basic ideas of small business law and corporate business law, you are making a very big mistake. Perhaps you have heard form the news and the headlines that employment law for business is one of the most dangerous fields, as a person can easily break the business laws and regulations.
The least anybusiness man should know is that he or she must meet the general international business laws. You must also consider the export laws, import laws and but, by all means, one must obey to the specific laws of the country in which your business is situated.
Should you own a company that operates in your home country, then you must get to understand the business laws there. If you cannot manage to get a business permit or license, you can find yourself in a great amount of trouble, as your business can get shut down. Not to speak about the inconveniences due to business and hefty fines and penalties!
If you thought that Internet and online businesses do not need to take these rules seriously, then you can have the unpleasant surprise of getting serious problems. Of course these types of business need to obey the business laws, but they are called Internet compliance laws.
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Starting a business can be a daunting prospect. There are loads of people to help you establish one and the law is there to guide you with each step. Just follow them and you are open for business.
You need to gather your finances, decide upon the type of company structure (solo, LLP, partnership, limited company), the area of business, the supply demand in the current market, etc have to be very carefully planned.
Taxes
A part of your hard-earned cash is in some way going to go into the government’s pockets. If you are running a limited company, corporation tax (21%) is levied. Value added tax is levied on goods within UK (15%). If you have employee then additional national insurance has to be contributed. Solo traders pay taxes via self assessment and register with Her Majesty’s Revenue & Customs.
Banking and insurance
It is mandated by the law to have a separate business account for all traders. Insurance is another integral part of business. This too is a legal requirement. A commercial lawyer can give you accurate advice on how to handle insurance. Solo traders are exempted from these laws if they own 50% of the share capital. Some types of insurance are:
Insurance is mandatory as per public liability in case somebody visits your company premises.
Employer’s liability in case you hire employee.
Professional indemnity is for those businesses providing services. It is a legal requirement for accountants and highly recommended for others.
Funding and payments
Sometimes it can be difficult to raise the capital all on your own. You may want an investor. The laws dealing with business and finances come into action.
For payments, the Late payment of commercial debts Act 1998 gives businesses the rights to charge interest for late payments.
Sales
The sales of goods act, 1979 and amendment act of 1994 form the legal bridge between you and the consumers. These laws talk of the consumer’s rights, disputes and remedies. If you want to export the gods, there are separate export laws and taxes to be looked into.
Employing staff
Hire an employment solicitor to draft an employment contract between you and the employee. The contract needs to be very clear and crisp, addressing every possible situation. There should be no loopholes for unnecessary compensation claims. The contract must speak of the damages to be paid for in case of breach of contract.
The company lawyer should make sure that the workplace, the ethics, the mode of working, etc are in sync with the legal requirements.
Business and law are mutually interlinked in every step. The law makes sure the business is fair with the competition act, that no property disputes arise through commercial property law and that the business runs smoothly for everybody with the elaborate commercial law.
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Talking about business laws in microscopic detail would need a couple of months of your time! There is indeed a plethora of legislation that governs small businesses, ranging from state to county laws. Some are relevant to your business even today whereas others are outdated and have not been enforced since the early part of the last century!
It is not possible for any single entity, including your local law enforcement department to know them all. Yet, it is vital that you are familiar with at least the most important laws that pertain to your business. As usual we’re here to help.
Business laws fall into certain categories as listed below:
o Business formation laws – these laws pertain to the structure of the business. For example a sole proprietorship is regulated very differently from a corporation.
o Tax laws comprise laws pertaining to all taxation issues, whether it is the filing of returns or the payment of sales tax, corporate tax and other similar levies.
o Employment laws – these govern recruitment and retrenchment of employees, wages & workers’ compensation, unemployment benefits, workers’ rights and related issues.
o Trademark and patent laws – these laws pertaining to ownership of intellectual property such as inventions, trademarks and patents.
o Environmental laws – Companies engaged in the recycling of material and the discharge of hazardous waste must comply with environmental regulations.
o Consumer protection laws – these protect the consumer from fraud or unfair business or advertising practices.
Headache, already? Here are a few tips to help you deal with it.
One size doesn’t fit all. We just talked about some of the important legal categories under which you will find regulations that affect most businesses. In addition, specific laws may apply depending on the type of activity involved. If, for example, you are selling company stocks you will need to adhere to the Securities Law, but for a medical practice, there’s an entirely different set of rules that come into play. State laws may also dictate how contracts and legal documents are to be written and enforced.
