Posts Tagged ‘law’

How to Register an Alberta Business Name Registration (Alberta Trade Name)

Friday, September 2nd, 2011
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The statute that governs the registration of an Alberta sole proprietorship is the Partnership Act (Alberta). The statute refers to an Alberta sole proprietorship as an Alberta trade name.

The statutes indicates that an individual who (a) is engaged in business for trading, manufacturing, contracting or mining purposes; and (2) is not associated in partnership with any other person or persons and uses as the person’s business name some name or designation other than the person’s own, or the person’s own name with the addition of “and company” or some other word or phrase indicating a plurality of members in a firm; shall file with the Alberta Registrar a declaration in writing of the fact. If you are planning on registering a sole proprietorship it would be appropriate for you to take a look at the Alberta Partnership Act provisions for Alberta sole proprietorships.

In other words, if a person is carrying on business under a name other than his or her own name, you must register a Declaration of Trade Name in order to be in compliance with the laws of Alberta. The Alberta registration must be registered within six months of carrying on business.

You are not required to provide an Alberta Nuans name search report to register an Alberta Registration such as a sole proprietorship. The Partnership Act (Alberta) has no requirement for an Alberta trade name /Alberta sole proprietorship name to be unique. Any company, sole proprietorship or partnership can register the same Alberta business name at the same time. This does not mean that you should just go ahead and register any name you wish. It is important that you make all attempts to have a distinct name for an Alberta Registration that is very different from all names out there.

The best way to ensure this is to do a preliminary name search Alberta Registration Name before you register your sole proprietorship. A search house can perform this for you. Some search houses charge a small fee for this and others will do this for free when you purchase a sole proprietorship registration service from them.

You do not have to register a name when you carry on business as a sole proprietorship. If you want you can conduct business under your own name. The Alberta government does not allow individuals to register their own names as sole proprietorships. If you require an actual registration to show you are in business you would have to register another name. This might be the case where you are dealing with a client who wants to ensure you have a valid business registration. However, the federal government will issue an individual a Business Number (GST) which will be connected directly to that individual and it is not required that you register a different name to have a Business Number issued to you as a sole proprietor.

It is not possible for you to register a sole proprietorship on your own. The Alberta government mandates that a service provider must assist you. This is really a good thing since if you pick the right service provider they will check your name in advance for you free of charge. Look for this type of provider before you register and then you can be assured that your name is not only available in Alberta but clear right across Canada.

If you wish to terminate your Alberta sole proprietorship you must file a Declaration of Ceasing to Carry on Business under a Trade Name.

When you register an Alberta Trade name it will be registered forever unless you chose to terminate it.

Resources for Canadian Business Owners can assist you with your Alberta Trade Name and Alberta Business Registration or Preliminary Name Search

A Simple Guide to Residential Conveyancing

Wednesday, August 31st, 2011
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There’s such a lot of money and paperwork involved in the house-buying process, and so much room for error, that many people choose to employ a residential conveyancing solicitor.

Particularly if you’ve never moved home before and have no experience of the conveyancing process.

We’ve compiled a helpful guide to choosing a good residential conveyancing solicitor:

Step 1: The sale is agreed

The solicitor or conveyancer of the person selling the property checks over the title and drafts a contract, which they then send to the purchaser’s solicitor accompanied by all the necessary documents.

The buyer’s solicitor or conveyancer checks over the contract and, if everything’s in order, approves it and submits it to the buyer for a signature, carries out the necessary local authority searches and receives the mortgage offer (if any).

The two parties then negotiate a completion date and begin preparation for the exchange.

As if moving house wasn’t already stressful enough, do you really want to take on the conveyancing too?

Look for a firm that is on major lenders’ ‘approved’ panels

If you are borrowing money as part of the conveyancing process, it will be necessary for your lender to instruct a solicitor to look over associated documentation.

Step 3: Completion of the Sale

It won’t cost the earth

The cost of residential conveyancing depends entirely upon the solicitor you choose. Some charge a fixed fee, whereas others take a percentage of the value of the property in question.

Remember, you don’t have to use the law firm your estate agent recommends. If you shop around you’ll often discover there are plenty of more affordable options available.

Need Help with Residential Conveyancing?

If you are struggling with the residential conveyancing process, or you are about to sell or buy a house and want to speak to an experienced solicitor first, contact the friendly, approachable team at Manchester’s JMW Solicitors on 0845 872 6666.

For expert legal advice & support on residential conveyancing speak to JMW conveyancing solicitors .

Child Custody - The Legal Basis Of A Parent’s Right

Saturday, August 27th, 2011
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No bond is more sacred than which exists between parents and their child. Hence, during custody disputes between parents undergoing divorce or marriage annulment proceedings, family law courts in the United States ardently try to protect this bond. Although state appellate and federal district courts have varying perspectives regarding child custody, they both uphold the fact that parents have the Constitutional right to rear and nurture their children and this can’t be taken away from either parent without due process of law.

It would be most ideal to award joint custody to both parents, but in some cases it is not always the best decision to make. The court may rule according either using either a parental fitness or best interest of the child standard. In most cases, legal custody is shared by both parents but one parent is given physical custody. In some cases, the court may send off the child to his grandparents or another third party if it is convinced that placing the child under parental custody is unsafe.

Custody battles can also happen when an unmarried father challenges the termination of his parental rights. An unmarried father can challenge the termination of his paternal rights when a birth mother relinquishes her children for adoption or remarries. Most of the time, as seen in precedent cases like Caban v. Mohammed and Quilloin v. Walcott, the best interest of the child is often considered the pre-eminent standard.

Legal custody affords a parent the right to make decisions regarding the child’s upbringing. This can be with matters pertaining to religion, medical management and school selection. On the other hand, physical custody only bequeaths a parent the right to live with the child. Both legal and physical custody can be joint or sole in nature.

As mentioned earlier, child custody laws vary among jurisdictios. Getting in contact with child custody attorneys practicing in your state can help you sort out which options are best for you and your family. Most firms specializing in family law have their own websites. If you are in need of representation, select a child custody lawyer that has a proven track record in these disputes. Even more important, choose one that you are actually at ease with.

It would be in your best interest to get an experienced attorney, for more information check this out: child custody attorneys. Visit the linked page for more info on child custody laws in the US

Conducting Background Checks Can Be Useful To Employers

Wednesday, August 24th, 2011
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When it comes to hiring potential employees, many employers are getting more cautious these days. These employers conduct pre employment background check to make sure that prospective employees do not have any bad records. For this reason, services such as free criminal background check are gaining popularity. These background checks are done to reduce behavioral issues which might later on cause some problems with the employee’s performance.

Employers are aware of the fact that resumes or other documents needed during a job application may be falsified. So, to verify whether or not the documents given are authentic and genuine, background check services are used. Information such as educational background, training, employment history and so the like can be checked. Doing a pre employment background check will be able to assure employers of the reliability and honesty of potential applicants.

In addition, doing a free criminal background check can help employers verify if the applicant has done acts of crimes or misdemeanors. These types of misdemeanors can range from simple assault, petty theft to drug use and abuse as well as driving under the influence or other forms of felonies. The details that will be collected from these kinds of background record checks will establish whether or not the applicant will be chosen.

When the information gathered from the pre employment background check shows that the applicant is indeed reliable and credible, then his or her chances of getting hired is higher compared to those who have previous records. Employers believe that doing these background checks can help them distinguish less qualified applicants from those who are qualified. By hiring candidates who don’t have any past records, businesses may be guaranteed of a more effective and prosperous working atmosphere.

Potential applicants who have done some previous acts of misdemeanors are perceived to be a liability in the company. This free criminal background check is certainly beneficial to both the business and employer. When you search online,you can find a lot of background check services offered by various websites. The services can be availed at a low rate or you can find some of them given for free. However, companies must look into a number of websites to extensively verify the prior records of potential applicants. In this manner, they will be in a position to employ employees who will be effective and useful to the company.

In case you are in the process of selecting possible candidates, you can conduct some pre employment background check as well as free criminal background check to ensure effective employees. Check the internet to take advantage of these services for free.

The Consolidation And Reduction Of Debt

Monday, July 4th, 2011
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So, now you can see the writing on the wall, you are in up to your neck and your creditors are starting to ring you at home in the evenings as well. You are aware that you have to do something, but you’re not sure exactly what. It’s so embarrassing having to talk to that youngster from your creditor’s debt collection department, especially over the phone; but you don’t want to take time off work to go down to their offices either! And you can’t wish the problem away. You’ve heard of debt consolidation and reduction and you think that maybe you ought to look into it.

However, before you rush into debt consolidation and reduction loans, take a look at your debts to work out your total exposure. Debt is an avenue of credit lines given to you by creditors who thought that you would repay the sum borrowed or owed. When creditors become aware that you are behind on your repayments, they will often delay a few weeks before telling the collection agencies.

At this time, you ought to get in touch with your creditors and ask for an extension of time, a debt reduction, or even a complete termination of the debt. Creditors do expect to get their money back and therefore, they may extend your credit period, because they want to avoid the problems that crop up when they have to report a customer for a default on payment.

Creditors do not really want to antagonize their customers, since they want their customers to do the right thing, pay their debts and eventually continue doing business with them. If you fail to contact your creditors, however they will hand your files over to the collection agencies in the end if they cannot make any headway. These agencies frequently use much more severe methods to recover the debt owed.

These agencies will go to almost any lengths to stress you to the point where you find a way to pay, or else stress you to the point that you need to seek professional assistance. Debt consolidation and reduction is a means of eliminating debts, while a loan may or may not be needed.

When you do get in touch with your creditors, ask them for leniency, so that you can attempt some form of debt consolidation and reduction by cutting back on your out-goings. If the creditors agree to debt consolidation and reduction by lowering your payments, terminating it, or else providing you with an extension and you don’t take advantage of their generous offer, ie, if you fail to start repayments after the offer is made, then they will not be as cooperative the next time you contact them.

Ensure that you make good your debts as agreed with your creditors to avoid any further complications. Communication is extremely important, because if you have ceased negotiations with your creditors, they have every justification to go all out to recover the debt. This will help you in your debt consolidation and reduction.

If you have fallen on hard times and are looking at Credit Card Consolidation Loans, please go along to our web site entitled Debt Consolidation and Reduction

FDA Holds Secrets About Smokeless Cigarettes

Thursday, June 30th, 2011
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The electronic cigarette controversy went viral around May of ‘09 after the FDA published a report on smokefree cigarettes and their associated nicotine containing product e juice identifying them to be hazardous since they contained chemical compounds regarded as toxic to humans. The e cig camp fired back by employing a recognized analysis firm to examine the FDA analysis and the procedures utilized to attain their findings. This firm discovered the conclusions obtained by the FDA investigation appeared to be invalid because the evaluation methods they employed were far from those necessary to create these kind of specific determinations.

So at this point, over a year later, what exactly have we discovered about the safety of smoke-free cigarettes? Well, quite simply, not much has changed. Each side of the debate still claim their assertions are correct. In the end, the electric cigarette user remains in the dark about the health and safety of the smokeless cigarette. Why don’t we take a closer look at what specifically we really do know.

In the interest of brevity, I won’t get into specifics regarding how the electric cigarette works or how it’s used. It’s in essence a nicotine delivery system not unlike the doctor prescribed Nicotrol inhaler. It works by warming and vaporizing a mix of glycerin and nicotine when the user takes a puff from the device. The Food and Drug Administration’s key point of contention (since established mistaken through the 2nd scientific study) is the nicotine formulated solution they examined included impurities hazardous to humans. The argument regarding this aspect is not the issue at hand. The most essential point to note would be the fact that the FDA may have, if deliberate or not, made a most important discovery.

In the United States, most anything we eat or drink has to comply with procedures controlled by a number of government agencies which ensure our health and safety. We often see products which were recalled due to the slightest incompliance with appropriate requirements. So now why don’t we think about e-juice (the nicotine product used in smokeless cigarettes) for a moment. At present, there are no rules or polices in place governing its production, who may manufacture it, how it’s stored or even its shelf life. Basically, you or I may go on the internet, buy e-juice products and start blending it inside our garages with zero regulation whatsoever. Of course for individual use this may seem acceptable. Having said that, I do not know of a comparable product manufactured for human inhalation which you may make for yourself let alone for mass consumption by providing it for sale on the internet. Nevertheless this is precisely what countless e juice suppliers are in reality doing.

Do not misunderstand me. I’m definitely not stating that e-juice is harmful. I’m saying we have a real danger that due to poor regulation, a tainted e liquid might in theory fall into the hands of an e-cig user. So now you will most likely think about the e juice that is made by the e cigarette manufacturers themselves? Here yet again, we basically have the same situation. Formulated for the most part in Taiwan, there is no regulation of any form concerning how this eliquid is made. In the long run, it appears folks searching for eliquid should consider that old adage caveat emptor or “Let the buyer beware”.

Which manufacturer makes the best e cigarette? To find out, visit Dr. Philip Monroe’s site. You will find reviews and comparisons of all the top brands of e-cigarette and available accessories.

A Civil Rights Act For the Ages: How the FHA Protects Against Housing Discrimination

Thursday, June 30th, 2011
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Imagine you have your sights on purchasing or renting property. Everything might seem perfect, until the subject of your child comes up. Maybe it’s the seller’s or landlord’s discovery that your unmarried partner lives with you and you plan to move in together. Other factors such as ethnicity, disability or religion can be just as easily substituted. In any event, not based on financial considerations, your offer to purchase or rent is subsequently denied.

That’s where the federal Fair Housing Act, also known as the FHA, comes in. In the United States, federal fair housing laws date back to the 1960s. This makes sense, as that was a time of great civil rights achievements, including those surrounding the desegregation of all-white and all-black neighborhoods.

The Fair Housing Act was written into law in 1968. Its main purpose was to protect those seeking to purchase or to rent a property from discrimination on a seller’s or landlord’s part. The Act’s goal was primarily to create a housing market where the only factor that could restrict a buyer or renter from obtaining the dwelling place of their choice was financial resources, as opposed to their personal background.

When the Fair Housing Act was originally created, it prohibited housing discrimination based on race, color, religion and national origin. Six years later in 1974, sex also became a protected class. In 1988, disability and familial status, relating to the existence of children in a household, were also added. Many states’ fair housing laws mirror the federal Fair Housing Act exactly. Others, like California’s, are even more inclusive, naming sexual orientation as a protected class, as well.

If you believe you have experienced housing discrimination, a complaint needs to be filed with the Housing and Urban Development office (HUD). These complaints are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If FHEO determines there is reasonable cause for the complaint, it will schedule a hearing before a HUD administrative law judge who will ultimately decide the case in question.

Interested in discovering more on Colorado Springs Realtors or other property alternatives here in Colorado? Our real estate brokers are here to assist you. Furthermore, consider making use of our complimentary info and real estate tools if you are trying to find Colorado Springs New Homes.

The 411 on Contracts for Deed

Thursday, June 23rd, 2011
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If you’re a home seller who’s hoping to make a quicker profit on your sold property than is typical, the contract for deed might be a great option for you. The contract for deed is a legal real estate concept, and can help you achieve this type of goal if you’re financially capable of handling it.

The contract for deed goes by a lot of different names, such as a land contract or even an installment sale contract. Much like other home sale contracts, both the seller and buyer enter into it, except this time the seller is the one providing the buyer the financing needed to buy the home. Instead of a bank or similar type of lending institution getting involved, the seller becomes this type of lender by providing the buyer funds to buy the home in its entirety.

While the buyer is allowed to take actual possession of the property for every conceivable use except legal ownership, you as seller retain legal title to the property as a result. The agreed upon price of the property is paid in installments, just like a traditional mortgage. At a much closer time to the sale of the house than would otherwise be typical in a traditional mortgage, usually what happens is a balloon payment is required. Before the seller agrees to offer financing, the buyer is also often required to make a downpayment.

A lot of different reasons exist for preferring a contract for deed over its traditional mortgage counterpart. Many players in the real estate sales game prefer it because a short-term seller financing type of scheme is what they’re after. Sellers in particular will like this option since the entirety of the loan will end up being paid off by the buyer far quicker than it would in a bank-financed mortgage option. If a bank loan is needed, buyers will also have to pay additional closing fees to have their financial background investigated before getting loan approval, so a contract for deed is desirable at times to avoid this cost.

Make sure you do your research before opting to go with a contract for deed, as each state tends to have their own rules about them. Ultimately a seller could certainly benefit from offering a contract for deed in more ways than one, if they have the financial means to offer it to a trusted buyer.

Serious about learning more about Colorado Springs New Homes or other homes options here in Colorado? Our real estate agents are here to support you. In addition, please consider using our complimentary info and real estate tools if you are searching for Colorado Springs Photos.

Canada Name Search - Tips on Ordering a Federal Nuans Name Search

Tuesday, June 14th, 2011
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A Canada Name Search or Canada Business Name Search or Federal Nuans Name Search, as it is sometimes called, is required to incorporate a federal company in Canada.

Industry Canada’s objective for federal companies is to ensure that the name is clear right across Canada. Industry Canada has to be sure that any company name put in front of them is not a conflict for any other name already granted to another company in Canada.

Industry Canada will review your proposed name extremely carefully. The Name Granting Guidelines which is published by Industry Canada outlines the manner in which the government approves a name. A person wanting a federal name search has to realize that they will not be able to determine which names are a problem for the federal government.

Having a search house perform a preliminary name search first will save you time. Industry Canada will not allow any name to be registered which is anywhere close to any name already on file and will even reject names that sound like other registered names. Therefore it is a good idea to have a registered search house do the preliminary name search in advance.

A search house is trained to look for these types of conflicts. If you do not do a preliminary name search and the federal government rejects your proposed Canada Name Search, you will be required to order another Canada name search in order to request the government to look at another proposed name. This will continue until a Canada name search is cleared. The preliminary name search helps prevent this waste of money.

You can have Industry Canada pre-clear your name for you so that when your articles are filed you will know in advance that the name will be accepted. This report is called a Federal Name Decision. You must give the federal government a federal name search in order for them to consider approving your name in advance. Therefore you must do a preliminary name search before ordering this Canada name search to be sure the name is as clear as possible.

Frankly there really is no guarantee with the Canadian federal government when it comes to names but experience can help make the process go much more quickly and reduce the likelihood of a rejection to a small percentage.

Resources for Canadian Business Owners provides legal and government information to Canadian businessowners including information about Canada Name Search

Alberta Corporation Search - Finding Info About an Alberta Company

Sunday, June 12th, 2011
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Are you looking for information about the owners or the directors and officers of an Alberta company? Do you need an official address of the head office of a company and the name of the President? The Alberta government offers what is called an Alberta Corporate Search. It is also called an Alberta company search.

You will not be able to determine information about an Alberta sole proprietorship or an Alberta partnership from this type of report. If you wish to find out information about a partnership or a sole proprietorship registered in the province of Alberta, you need to obtain an Alberta Business Name Search.

The report will indicate the following (1) registered office of the company, (2) the names and addresses of the directors, (3) the names, titles and addresses of the officers, and (4) a list of all filings made on behalf of the company including articles of amendment, notices of change, annual return filings, etc. (5) the names of the shareholders (owners) of the company. Alberta expands the amount of information it is willing to provide for a company than most other territories and provinces. Other provinces do not track the ownership of companies.

A company search is provided by the provincial and territorial governments and each jurisdiction has its own search system for that province or territory. It is important to know the jurisdiction where the company was incorporated when you order a corporate search from a search house.

You will need to know the proper name of the company. If you do not know this you can as well write the contact person at the search house and tell them you are not sure and they can do a quick check for you to see what names are on file, prior to your spending your money. Every company including companies registered in Alberta have a corporation number assigned at the time of incorporation. In Alberta it is called an Alberta Corporate Access Number. It helps a lot if you can provide this number to the search house and will prevent an error occurring when the company is searched.

The provincial and federal government will not provide you with information about a person such as whaat companies he or she is a director of or an owner of. You must be aware of the companies that an individual owns before you can do a search.

Resources for Canadian Business Owners is a registered search house and can provide you with information about Alberta Company Searches and a Company Registration