Thursday, February 15, 2007

The Non-Profit ByLaw Legal Form

So, you have a non-profit organization and you need a bylaw legal form and don’t know where to turn. Well relax, you are not the first one in this situation and you are not alone. Yes you have a problem but thanks to the Internet there is an easy solution to your problem. And this solution is much easier than you would ever think.

The answer for your non-profit bylaw legal form is the Internet.

The Internet you ask? Well yeah, the Internet!

Sure you could go out and hire a lawyer but that is an expensive option. Especially for a non-profit organization. Why would you want to spend the hundreds of dollars to fill out a simple for like the bylaw legal form when you can simply have it done yourself?

Here’s all you have to do. Simply get online and use any search engine and type in the words “Bylaw Legal Forms” Note: The use of capitalization does not matter as any search engine worth its salt will not limit its search on the web for documents and web pages to fulfill your search to Internet sites which can help you out.

You will be surprised how many pages are out there and available for your use. Now all you have to do is find a bylaw legal form which will be suitable for your non-profit organization and save it to your hard drive. Many of these legal advice sites will have a download option which will save the form directly or you can simply copy and paste the information into any word processor.

Next you modify the bylaw form to suit your needs. That is to simply add a paragraph or delete one from the standard bylaw form which do not apply to your situation. And then of course you will need to fill out your own personal information to personalize the bylaw form.

Next you just need to print out the form and to make it official there should then be a vote or review by your non-profit organization’s board of directors or officers and then a signing of the document.

And that’s it! Your non-profit bylaw form is complete. If you want to go the extra step you can then get the form notarized which is not very expensive at all. Especially when you compare the cost of a public notary to that of an attorney. The hundreds of dollars you will save can be put to much better use I am sure.

Bylaw Legal Form - The Internet Solution

Ah, the Internet. Never has there been so much information available to the common man on all sorts of topics. The danger being of course that one can never really know if the information they are reading about is actual facts or complete fantasy.

While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what you’re reading is in fact valid.

Let’s say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you can’t just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form?

The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all.

The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars.

Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land.

Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way.

Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over.

Of course you will pay for an hour or more of the lawyer’s time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself. Bylaw forms and more are all available right on the Internet. Your brand new legal advisor.

Successful Industrial Injury Claim Steps

If you have recently suffered a workplace industrial injury then there is a chance that the accident just put your career on the line. Yet less than 1 in 10 people injured in an industrial accident in the UK will claim for compensation from their employers or the state.

So, is it the case in Britain that we don't like to sue our employers or the state for compensation following a workplace injury, or is it that we are simply not aware of what our rights are?

Employers' Duty

Although there are protections in place for employees for many years such as employers should comply with a general duty towards the level of health and safety standards in a workplace. It was only following Britain's entry into the European Union that these laws became more than a toothless tiger and started to bite back.

Today, employers have a duty to ensure that your overall safety in the workplace is free from the risk of an accident injury by ensuring:

- that they employ competent co-workers to work with you;
- that they provide you with adequate materials;
- that the equipment you use complies with safety requirements;
- that you are provided with protective clothing (if needed); and
- that proper training and adequate supervision be provided to minimise the risk of any workplace injury.

Industrial Accident Claim

Such is the scope of the UK and EU law, it protects employees from an industrial accident. If you do need to make an industrial injury claim you will probably be fighting under one of these legislations:

- The Management of Health and Safety at Work Regulations (1992): which imposes a requirement that employers make an assessment of any foreseeable risk of exposure to a workplace injury and if such a risk exists to take action to prevent such;

- The Workplace (Health, Safety and Welfare) Regulations (1992): which imposes a duty on employers to ensure the safety of their employees with respect to the maintenance of the workplace, its ventilation, temperature, lighting, etc.;

- The Manual Handling Operations Regulations (1992): which imposes a requirement that, in as much as it is possible, employers should avoid employees needing to undertake manual handling operations at work that involve an element of risk;

- The Personal Protective Equipment at Work Regulations (1992): which requires employers to provide employees with adequate protective clothing if they are exposed to any risk (such as protective glasses); and

- The Provision and Use of Work Equipment Regulations (1998): under which employers are required to ensure that equipment used by their employees is fit for the purpose.

Industrial Injury Solicitor

Having said that there are adequate provisions in place to protect employees in the case of any workplace injury. Unfortunately lots of employers in the UK are either unaware of their duty of care or simply refuse to comply with it.

In such circumstances, while there will almost certainly be a case for industrial injury compensation, to ensure that your rights as an employee are adequately being protected and that you receive fair and impartial advice on what your rights are under the relevant laws. You should seek the advice of an industrial injury solicitor following an industrial accident.

Even in circumstances where you are on good terms with your employer, if you want to make sure that your industrial injury claim will compensate you to the maximum you are allowed under the law, you should ask an industrial injury lawyer for his advice and assistance in handling your case.

Keep in mind that the solicitor will have your best interests at heart, whereas your employer will have the company's best interests at heart.

Ensure To Pursue With An Accident Claim

Finally, if you are in an unfortunate position to be recovering from a work injury and are considering your options as to whether or not to bring a claim against your employer, remember that you owe your employer nothing, whereas your employer owed you a duty to ensure you don't get injured at work!

Business Entities - A Quick Guide

Business entities comes in so many types that business owners can easily get confused. Here’s a quick guide that will hopefully shed a little light on business entities for you.

Business Entities

"C" Corporation: A corporation whose shares are held by shareholders. The entity stands apart from the shareholders for legal and tax purposes. The shares of the corporation may be “taken public” and traded on stock markets. Google is an example of a publicly traded “C” corporation.

Foreign Corporation: A corporation doing business in a jurisdiction beyond where it was formed. Microsoft is a Washington corporation. When it does business in New York, it is considered a “foreign corporation.”

General Partnership: A business effort involving two or more people, known as partners. Each partner is liable for all partnership debts and obligations regardless participation and contribution amounts. Put another way, a general partnership provides no protection against lawsuits.

Holding Company: Part of a double incorporation strategy. The sole purpose of a holding company is to own or control other companies. Said other companies typically are exposed to significant liability threats. For instance, many insurance companies use holding companies to suck off profits and limit lawsuit risks.

Joint Venture: A cooperative business effort between two or more parties. It is usually limited to a single business purpose and involves a sharing of responsibilities and revenues. For instance, a database programmer and web site designer might enter a joint venture to provide e-commerce solutions to businesses.

“LLC” - Limited Liability Company: A creation of state law in which one or more individuals form an entity providing the liability protection of a corporation, but the tax benefits of a partnership.

Limited Partnership: A partnership in which the business is managed by a general partner with limited partners supplying capital investment. The limited partners are prohibited from actively participating in the management of the partnership. In exchange, the limited partners liability is limited to the amount of their investment. In pursuing this business entity, the general partner is almost always a corporation.

Partnership by Estoppel: A partnership created by operation of law when two or more people pursue a business goal and hold themselves out to the public as such. This business entity is prevalent as it is the automatic designation for two people doing business who fail to take any steps to designate a business entity. In this entity, each partner is completely exposed to liability risks.

"S" Corporation: Similar to a “C” corporation, this entity provides solid asset protection for shareholders from business liabilities and debts. The primary difference is the entity can be taxed as a pass through entity and is limited to 75 shareholders.

Sole Proprietorship: A business owned and controlled by one person. The designation provides no protection from business liabilities. It is taxed on the person’s personal tax returns on schedule “C”.

Each of the above entities provides certain advantages to a business owner. If you consider the particulars of your efforts, you should be able to get an idea of which one is best for you.

What Are Juvenile's Rights?

Nowadays, countless children are appealing in courtrooms for criminal behaviors. Parents are asking everyday what is the best legal advice for their children’s cases. When a child is accused of a criminal act, he is first arrested and then taken to a juvenile criminal court. The difference between adult court and juvenile courts is that the parties at the defense table include parents, children, and a probation officer. The parties will sit at a wooden table to discuss the charges and what the courts should do to penalize the child.

The summons is the “legal” documentation that is sent to the parents from the onset of the charge, thus requesting that both parent and child appear before a judge. During the “intake”--or else the first hearing--the child attends; whereas the child is referred by the arresting officers to attend. Few
times, other sources such as parents, teachers, store owners or others will request a “referral” of the child, which summed up is the “arrest.”

After the first couple of steps are completed, the “detention hearing” takes place. During this procedure, it is up to the arresting officer to decide if the child will be released to the custody of the parents or held in detention. The next phase is known the “intake decision,” where the case is
considered a “petition” case or “non-petitioned” case. If the case is handled under the non-petition rule, then the deciding officers, probation officers, and so forth have decided that the case can be handled without going through normal court proceedings.

The next phase may include a conference, and this will move onto the plea bargaining phase. Once a plea bargaining conference begins and no plea is offered, the child and other parties will appear in an “adjudicatory hearing,” where evidence is presented. While this is a brief set of steps, it is certainly enough to provide an insight of what you will go through if your child has been petitioned to courts.