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Basic Steps in Starting a Business

Basic Steps in Starting a Business

You may have a brilliant idea right now that you think will be beneficial for society, such as a product or a service. In fact, it may be so brilliant that you want to put it on business immediately. But starting a business can be very complicated, especially if you do not know anything about the legal matters. Below are the basic steps of starting a business so you can have an idea of the structure of business formation.

Write a business plan

Often, business plans are not the first things that come to mind when it comes to starting a business. Individuals tend to just be too passionate and dive into the product or service. But having a sound business plan can lay the foundations of your company. State your objectives, how you are going to accomplish them, how you are going to manage operations, and how you are going to make everything profitable.

Determine the right business structure

You also must determine the best kind of business structure that will most benefit your company. Is it going to be a limited liability company, sole proprietorship, partnership, or corporation? According to the website of these Cedar Rapids business attorneys, every business structure has its own advantages and disadvantages, such as in the aspects of taxation, management, and ownership.

Name and register your business

Choose the appropriate name for your company and its products and services. The name should not just be for show, because it should also be related to the essence of your offers and the philosophy behind them. Once you have decided on the name, register it to the appropriate state government, get a tax identification number, and tackle other legal issues like workers’ compensation, insurance, business license, and permits.

Execute your business plan

As a business-oriented person, the legal part may have been boring for you, but now that the legal processes have been accomplished, there are no more obstacles that are preventing your business from going live. If possible, make your business plan more complex, such as adding details about budgets, marketing strategies, sales projections, and anything else that can help you accomplish the objectives you have stated in your simple business plan.

Why You Should Get a Prenuptial Agreement

Why You Should Get a Prenuptial Agreement

When you get married, you always think that the relationship will last a lifetime, but sadly, not all marriages do. Many couples divorce, separating their assets and liabilities. One way to protect your assets, liabilities, and interests is to get a prenuptial agreement.

A prenuptial agreement is a document to establish rules for the marriage and procedures for possible future matters. According to the website of the Law Offices of Baden V. Mansfield, prenuptial agreements often address issues such as the division of assets, visitation rights to children, custody of children, and alimony.

It protects your separate properties

Courts and state laws are often the ones who divide the properties of divorcing couples, and there are instances where you may feel like you are getting the short end of the stick. If you get a prenuptial agreement, you can clearly state which properties are non-marital, so you may get a hold of these properties upon divorce.

It ensures that your children from another marriage will get something

If a divorce has been filed and you don’t have a prenuptial agreement, your spouse may get most of the assets, leaving your children from another marriage with nothing. To make sure that these children will get what they rightfully deserve, you may want to state their inheritance in a prenuptial agreement. This is also a good way to secure their future and financial stability.

It protects you from unwarranted debts

Your spouse may have accumulated some debt even before your marriage, and creditors may take your assets and properties if your spouse fails to give the money back. By having a prenuptial agreement, you can avoid unnecessary financial strains such as this, by agreeing on the rule that your partner’s accumulated debt is his or her responsibility.

It reduces conflict

Divorces can be very emotional, especially if the couples involved are separating because of crucial disagreements. If these couples have prenuptial agreements, the legal processes concerning divorce may be significantly easier to accomplish because of the established rules in the documents. This can also save the couples emotionally, as they part ways in peace.

Nursing Home Negligence

When you put your loved one in a nursing home, you expect them to be treated with dignity. But do you know that there are lawyers out there who specialize in nursing home negligence? It just means that nursing home negligence is an issue serious enough for legal professionals to build a career around it.

According to the website of these Georgetown personal injury attorneys, there are legal actions that can be pursued by nursing home negligence victims.

But what exactly is nursing home negligence? A nursing home should have the proper medical facilities to ensure that its patients are receiving adequate medical care. It should also have a competent nursing home staff that will not be abusive or negligent.

Abusive Behaviors
Nursing home abuse may come in many forms, such as physical, sexual, emotional, and psychological. Physical abuse is the incidental use of force toward a patient. If your loved one has unexplained wounds and torn clothing, be wary, as he or she may be experiencing abuse.

It may be overwhelming to believe, but sexual abuse does happen in the nursing home. Patients may sustain injuries in the reproductive, pelvic, and anal areas, and sexually transmitted diseases.

Emotional and psychological abuse focus more on the self-worth of a patient, such as the destruction of his or her self-confidence. But there are also instances where the other forms of abuse result into emotional and psychological problems, such as anxiety, depression, post-traumatic stress disorder, and social withdrawal.

Negligent Behaviors
Nursing home staff can be negligent on its ways, resulting into injuries, complications, and other health problems. Many negligent behaviors involve hygiene, dehydration, and malnutrition. In the aspect of hygiene, nursing home personnel may fail to change the clothes of their patients, brush their teeth, or comb their hair.

In the aspect of dehydration and malnutrition, nursing home personnel may be too negligent or incompetent to track the hydration and nutrition needs of the patient, resulting into skin problems and other health issues.

Saving Your Self from a Possible DWI Conviction

DWI or driving while intoxicated or driving while impaired, which refers to driving while impaired by the effects of alcohol or drugs (illegal, prescription or over-the-counter drugs), is a serious crime. In all U.S. states, to specifically address the very old problem of intoxicated driving, the U.S. Congress lowered the national illegal limit for impaired driving to 0.08%; the year was 2000. Prior to this, the blood alcohol concentration (BAC) level limit was 0.15% (since 1938).

To further reduce drunk or drugged driving incidences, some authoritative bodies have been empowered to still lower BAC limits, as well as impose more severe penalties on offenders. The Federal Motor Carrier Safety Administration (FMCSA), for instance, has mandated a 0.04% BAC limit for commercial vehicle drivers, such as those driving a truck, while the National Highway Traffic Safety Administration (NHTSA) has set a zero tolerance level for those below the age of 21.

Many states have also become stricter in enforcing anti-drunk driving laws, setting up of more sobriety check points and becoming more observant of signs of drunk driving. Police officers also have the authority to stop a driver suspected of being impaired and require him/her to undergo some tests, like standing on one leg, walking on a straight line, or submitting to a breathalyzer test.

Professional-grade breathalyzer devices, such as those used by law enforcers for roadside alcohol testing, are acknowledged as highly accurate and sensitive. However, there are important factors that enforcers need to consider when using these devices on suspected drunk drivers:

These breathalyzers require periodic calibration in order to maintain accurate reading; failure to calibrate these regularly can affect BAC analysis.

Breathalyzers can definitely measure alcohol which is present in alcoholic drinks; however, it will also give measurable BAC readings if one consumes food cooked in alcohol, or uses substances that contain small amounts of alcohol, like toothache medicines and mouthwash.

Acetone, which cab be detected in the breath of those on high protein diets and those with diabetes, and other compounds that have a molecular structure similar to alcohol, may result to BAC readings. Besides these, adhesives, plastics, varnish, paint fumes, and cleaning chemicals with rubbing alcohol, can also produce false BAC results.

Impairment, which is the effect of alcohol and the real root of danger for both the impaired driver and all others on the road, is the major reason why drinking and driving is strictly prohibited under federal and state laws. But, while this may be a totally acceptable reason for apprehending and charging offenders, one main issue that has led to so many legal concerns is the overzealousness of some enforcers which has, in a number of instances, resulted to the unreasonable arrest of many individuals.

A driving while intoxicated conviction can be life-altering, often resulting in license suspension, substantial fines, probation, prison time and serious personal and professional consequences that can be exceedingly difficult to overcome. To save your future from getting ruined due to a minor mistake (on your part), it might be essential to seek the services of a highly-competent lawyer for your defense.

The Benefits Offered Under Chapter 7 of the Bankruptcy Law

Divorce, loss of job, reduction in income, a natural calamity, an unexpected health problem that necessitates continuous costly medical treatment, and so forth, are just few of the possible reasons why people suddenly become incapable of paying their mortgage, car loan and other debts. But the more payments missed the higher the amount of their debts become, until these reach an amount that is already quite impossible to still settle. It is normal for anyone with a huge debt to go through a nerve-racking experience; add to this the hounding and harassment of creditors and/or debt-collectors to force a debtor to pay what he/she owes. In 2010, an estimated 1.53 million Americans, who owed creditors huge amounts, but were no longer able to pay, filed bankruptcy in various U.S. federal bankruptcy courts. Bankruptcy is a legal procedure which allows a debtor to declare inability to make further payments to settle his/her debts. It has been allowed under the law to save people from overwhelming debts to give them a fresh start in their financial lives. There are many chapters in the Bankruptcy law, each designed to address the specific and unique financial situation a person is in. One specific chapter is Chapter 7 Bankruptcy, also known as Liquidation Bankruptcy. Taking from its name, Chapter 7 requires a debtor to surrender to a court-appointed trustee his/her “non-exempt” assets and properties for liquidation. One task of the trustee is to sell these properties in order to raise the amount needed in paying off aborrower’s creditors. Payment will only be on debts that are non-dischargeable; these include, but are not limited to:

  • Unlisted debts and creditors;
  • Most student loans, unless paying these would cause “undue hardship” to the borrower and/or his or her dependents;
  • Federal, state, and local taxes which are no more than three years old from the time these first became due;
  • Court fees;
  • Government-imposed penalties, fines, and restitution;
  • Child support and alimony or spousal support; and,
  • Debts resulting from wrongful death or personal injury damages if these are consequences of DUI.

Dischargeable debts, on the other hand, include personal loans, credit card loans, medical bills, past utility bills, etc.; the debtor is freed from these debts by the court. For non-exempt assets and properties, these include:

  • Motor vehicles, jewelry and tools used by the debtor in his or her trade or profession – but only up to a certain value;
  • Reasonably necessary household furnishings and goods, and clothing;
  • Household appliances;
  • Pensions, unemployment compensation, social security benefits and a certain percentage of the borrower’s still unpaid but earned wages; and,
  • Compensation for personal injury.

Chapter 7 bankruptcy is the quickest way for a debtor to gain relief from his/her debts and begin the process of rebuilding his/her credit. Chapter 7 bankruptcy offers the near-total liquidation of all debts that an individual may hold, giving those who pursue this option the ability to start their financial life anew. However, not everyone may qualify for this chapter due to the conditions set in 2005 by the Bankruptcy Abuse Prevention and Consumer Protection Act. To understand more about this Chapter, as well as find out if this is the right bankruptcy chapter to file, consulting with a highly-competent bankruptcy lawyer may be a good decision.