Posted by admin on April 16th, 2008 — Posted in Legal Management
Have you been a perfect angel your whole life? (I can see you adjusting your halo.) The fact of the matter is that many of us may have suffered from a momentary lapse in good judgment that resulted in an arrest. Pinched!
Unfortunately, while criminal charges may have went nowhere, the arrest record may still trip you up.
What do I mean?
Have you ever had to answer a question on a job or license application like: “Have you ever been arrested?”
See? This can get sticky. You don’t want to lie but you would really rather not answer the question either.
Alas, there is hope.
There is a little-known and little-used procedure in most jurisdictions in the United States that allows in appropriate circumstances for a total erasure of an arrest record. Additionally, even if you can’t qualify for a total erasure of your background there may be legal ways available to you to hide your background so that at least it will not be easily discoverable by an over-zealous potential employer.
As a licensed attorney, I have used similar legal remedies to assist clients with erasing or hiding minor criminal records. What has been amazing to me is the difference it has made in their lives. For example, I have seen military careers blossom, professional licenses granted and overseas employment gained all because I was able to help tidy up minor criminal blemishes in the lives of otherwise upstanding and law-abiding citizens.
What I am saying is - there may be a way for you to chase off the skeletons in your closet that have long haunted you. The law in many U.S. jurisdictions recognizes the need to grant clean slates and second chances. I don’t know whether you qualify. I don’t know your circumstances. All I am trying to say is “open your mind to the possibility.” Pursue it with an attorney. You never know what good might come.
It is because of the good results I’ve seen and the apparent lack of wide-spread knowledge in the public at large that I decided to write my book, “The Ultimate Guide to Second Chances: Legal Ways to Erase or Hide Your Criminal Background.” Maybe you should check it out.
Daniel Hall, a Texas attorney, is author of “The Ultimate Guide Second Chances: Legal Ways to Erase or Hide Your Criminal Background.” Find out more about how the book might help you by visiting: http://www.UltimateSecondChance.com/
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Posted by admin on April 10th, 2008 — Posted in Legal Management
In these unsettled times, it’s the sign of a smart business
owner to expect the best but prepare for the worst. What
will happen to your business if you are unavailable due to
any circumstance? Perhaps you are a Reservist and get called
into active duty, for example.
By drafting a Power of Attorney, you will be giving someone
the legal right to look after your business affairs if you are
unavailable, away, mentally incapacitated, or otherwise unable
to make business decisions.
Just as many individuals postpone writing a will, many business
owners avoid the step of drafting a Power of Attorney. Both
appear to have a superstitious belief that the act of preparing
for potential problems will attract misfortune.
When we apply the clear light of reason, we all know that
writing a will doesn’t imply imminent death and drafting a
Power of Attorney doesn’t suggest we’ll be unable to operate
our businesses. Both are simply evidence of good planning.
What if an accident or an illness causes you lose the mental
capacity for a period of time? Without a Power of Attorney,
your family, colleagues and the courts will be pitted against
one another trying to straighten things out. Advance planning
will minimize the problems that will arise later.
Alternatively, perhaps you are planning to be away from your
business for an extended period. It’s not something
we like to consider, but in the extended absences of an owner,
the potential for employee fraud or theft increases. You want
someone in charge who has your best interests at heart.
Naturally, you will want to consult a lawyer to discuss your
unique situation. However, the following considerations are
likely to be applicable in most cases:
1. When you draft a Power or Attorney, you must be “of sound
mind.” Powers of Attorney can be revoked or modified, but again,
you must be deemed to be of sound mind. Documents drafting or
amending Powers of Attorney must be witnessed.
2. By drafting a Power or Attorney, you are giving the “donees”
the legal right to carry out transactions on your behalf. In most areas,
you can stipulate the powers that you are allocating. Typically,
Powers of Attorney include the right to sell or purchase real
estate and other assets, the right to make payments of bills and
debts, and the right to manage investments of various sorts.
3. Typically you can identify two people to have power of
attorney, as well as appointing a substitute in case something happens
to one of the first two. Some advisors recommend appointing three
donees to work jointly in the management of your affairs. Ideally,
one donee should be a family member or friend who has your best
interests at heart. The other should be someone who is connected
to the business and who is familiar with day to day operations.
The third recommended donee is the accountant who handles the
company’s books.
4. When drafting the document, be very clear what powers you
are giving the donees. Avoid “gray areas” or areas that could
be open to interpretation.
5. Make sure that at least one of your donees knows where the
Power of Attorney document is kept.
6. In most areas, Powers of Attorney can be Continuing or
Limited. Continuing Powers of Attorney usually take effect
from the date of signing and remain in effect after a person
becomes incapacitated. Limited Powers of Attorney give the
donee authority to act only under certain circumstances. Limited
powers could include real estate transactions, complex investments
like term deposits, RRSP contributions, and so on.
About the Author
June Campbell
How to Write Business Plans, Business Proposals,
JV Contracts,Human Resource Package, More!
No-cost ebook “Beginners Guide to Ecommerce”.
Business Writing by Nightcats Multimedia Productions
http://www.nightcats.com
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Posted by admin on March 28th, 2008 — Posted in Legal Management
What License do I need to start my company? This is the single most popular question we receive, representing over half of all queries to our question & answer site for small business owners.
There is, unfortunately, no complete answer to the question.
Every state, county, and municipality has a different set of rules and regulations regarding licensing. There is simply no way to catalog all the requirements for a specific type of business or location.
What can you, as a potential business owner, do to comply with all the licensing requirements?
We strongly recommend that you contact your local business chamber of commerce for the answers to all local business registration questions. These organizations exist to provide both new and existing businesses with the resources to succeed.
In some cases, especially if you are located in a large metropolitan area, you will have a choice of chambers for both your initial answers and possible membership. I recommend you contact each one to make certain that you receive the same licensing ’story’. If you receive conflicting information you should be able to follow up with the relevant regulatory bodies to get the correct information.
If you will be setting up your business in a small town or rural area, don’t assume that you will have fewer or less strict business licensing requirements. We have a store and warehouse in a tiny Central Louisiana town that requires more paperwork and fees each year than our location in Chicago.
If you are having trouble locating a chamber for your location, use the resources at the United States Chamber of Commerce website at www.uschamber.com
About The Author
Henry Coleman is an experienced entrepreneur and the primary author of Lessons From The Front - A Practical Guide to Starting & Growing Your Internet Business. Visit http://lessonsfromthefront.com to get an inside look at how you can build a real business from the ground up.
Please feel free to publish this article and resource box in your ezine, newsletter, offline publication or website. A copy would be appreciated at mailto:info@lessonsfromthefront.com.
info@lessonsfromthefront.com
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