If you are running a home business you know that there is so much more to being successful than simply hanging out a shingle advertising your availability. After all, you know that there are stringent rules and regulations with respect to the formation of a business and you do know that failure to follow these legal guidelines could result in problems of a variety of kinds, all of them costly.
Yet did you know that in spite of your best efforts to keep all your activities legal, you might still be breaking some laws? For example, while you know that you are required by law to observe important health and safety codes when opening your home beauty salon, did you know that you need to obtain specific licensure from the state and even county to do so?
Beauticians must be licensed so as to ensure that they are considered well qualified by the board that oversees this business, and it makes no difference if you work in a big salon or for yourself as part of your home business. Make sure you have the licenses you need and display them as directed. Another area that many home business owners neglect to peruse is the topic of insurance.
While you most likely carry some home owners insurance, do you also have insurance for your business? Do not think that your home owners policy will cover the fall of a customer who visits you as part of your doing business. As a matter of fact, many policies specifically exclude home businesses from their home owner coverage.
Thus, it is imperative that you not only read your policy and understand the limitations but that you also understand what kind of coverage you will need to protect yourself and your clients. Bonding is another tricky question that many home business owners may not know they need. If you are a notary public, for example, you will require bonding.
The same could be said for any other kind of business that carries the risk of making grievous errors which could result in extreme legal consequences. To protect your personal assets from being awarded to someone in the case of a lawsuit, it is wise to go ahead and be bonded to prevent any of your own money to become part of a potential judgment. A rarely considered question of legality crops up when it comes to signage for your home business.
If you live in a covenant controlled community, you will already be familiar with the fact that not everything is permitted. Yet the city and county also may have rules and regulations when it comes to the size, color and number of signs advertising your home business. Failure to comply with these rules will result in costly fines and a loss of your signs.
Friday, July 18, 2008
Your Helpful Home Legal Business Basics
Your home business career should start with basic legal knowledge about business matters that can commonly come up. Here are a few common terms, ideas and thoughts that someone starting a home business career should know.
Common discussions during a home business career are whether to become a corporation, an LLC, a sole proprietorship or a partnership. The biggest plus, as understood by many of being a corporation, is the idea that a corporation will protect the owner from personal liability.
The reality is that the creation of a corporation as part of someones home business career can protect the entrepreneur from personal liability.
Referred to as a corporate veil, it protects individuals involved in the business from having creditors, customers and others attack their personal assets should a lawsuit be filed against the corporation. It is not enough, however, for the venture to be named a corporation.
The home business founder has to have a corporate feel in his or her career, with meetings of the board of directors, minutes and note taking and publishing, as well as a corporate checking account and perhaps credit cards in the name of the corporation.
Meaning keeping excellent records and a well organized system so they can be easily analyzed and found quickly with ease. Someone whose career involves a home business and who is thinking about creating a corporation should seek the advice of an attorney who has experience with others in your same field.
Registering a company name is important to a home business career and generally means contact with the office of the secretary of state. Business licenses and permit regulations vary considerably from municipality to municipality and from state to state.
The advantages of having a business attorney to help with a home business career are that the attorney will keep abreast of the many changes that occur in the realm of business licenses, corporate and tax issues, the advantages and disadvantages of sole proprietorships, partnership and the various types of incorporation, as well as the continuous changes that are in zoning restrictions and requirements for business licensing.
When it comes time for acquiring a business license for that home business career it might be as simple as a stop at the city clerk's office and a $20 check.
Or an entrepreneur could become embroiled in many time consuming and possibly restrictive compliances such as permits from the local fire department, permits for control of air and water pollution, permits for signs, country permits, licensing from the state, licensing from the federal government, licensing for purposes of state or city or county sales tax, and permits issued by the local or state health department.
These are the things that might have to be dealt with at the start of a home business career.
You would be well advised to have knowledge of a local attorney who can advise you for reasonably cheap fees at the beginning of your business career until you are ready to incorporate your business.
If you start doing financially well, without an attorney to advise you of different legal problems that come up, from customers or the government at any level, you might find your beautiful financial growing future trashed by an incompetent, raised on government employee, or a greedy customer seeking to line their pockets, unfairly, at your expense.
Many times an attorney can stop these profit eaters dead in their tracks or at least extremely limit the damage and expense they can do to you.
Common discussions during a home business career are whether to become a corporation, an LLC, a sole proprietorship or a partnership. The biggest plus, as understood by many of being a corporation, is the idea that a corporation will protect the owner from personal liability.
The reality is that the creation of a corporation as part of someones home business career can protect the entrepreneur from personal liability.
Referred to as a corporate veil, it protects individuals involved in the business from having creditors, customers and others attack their personal assets should a lawsuit be filed against the corporation. It is not enough, however, for the venture to be named a corporation.
The home business founder has to have a corporate feel in his or her career, with meetings of the board of directors, minutes and note taking and publishing, as well as a corporate checking account and perhaps credit cards in the name of the corporation.
Meaning keeping excellent records and a well organized system so they can be easily analyzed and found quickly with ease. Someone whose career involves a home business and who is thinking about creating a corporation should seek the advice of an attorney who has experience with others in your same field.
Registering a company name is important to a home business career and generally means contact with the office of the secretary of state. Business licenses and permit regulations vary considerably from municipality to municipality and from state to state.
The advantages of having a business attorney to help with a home business career are that the attorney will keep abreast of the many changes that occur in the realm of business licenses, corporate and tax issues, the advantages and disadvantages of sole proprietorships, partnership and the various types of incorporation, as well as the continuous changes that are in zoning restrictions and requirements for business licensing.
When it comes time for acquiring a business license for that home business career it might be as simple as a stop at the city clerk's office and a $20 check.
Or an entrepreneur could become embroiled in many time consuming and possibly restrictive compliances such as permits from the local fire department, permits for control of air and water pollution, permits for signs, country permits, licensing from the state, licensing from the federal government, licensing for purposes of state or city or county sales tax, and permits issued by the local or state health department.
These are the things that might have to be dealt with at the start of a home business career.
You would be well advised to have knowledge of a local attorney who can advise you for reasonably cheap fees at the beginning of your business career until you are ready to incorporate your business.
If you start doing financially well, without an attorney to advise you of different legal problems that come up, from customers or the government at any level, you might find your beautiful financial growing future trashed by an incompetent, raised on government employee, or a greedy customer seeking to line their pockets, unfairly, at your expense.
Many times an attorney can stop these profit eaters dead in their tracks or at least extremely limit the damage and expense they can do to you.
How To Protect What You Create With A Copyright
In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.
Every business in the United States is susceptible to Intellectual Property theft; small businesses are at an even greater risk. Individual writers and owners of small publications offer a large cache of information for intellectual property thieves to grab, and as I pointed out above, the Internet has made it very easy to do. To guard against this happening to you or your company you need to know what your rights are.
A copyright under U.S. law protects authors of "original works of authorship" fixed in any material medium of expression. This can encompass sounds, notes, words, numbers, pictures, and virtually any other media. Works that are covered under copyright law are diverse and include artistic, architectural, literary, dramatic, audiovisual, and musical. A work does not have to be published to be covered.
According to the copyright law passed in 1976, the owner of a copyright has the exclusive right to distribute, reproduce, perform, and display their work. The rights are transferable by the owner who may license them, sell them, donate them to charity or even leave them to their heirs. According to the law, it is not legal to violate any of these rights, and if the owner of a copyright wins in a claim for copyright infringement, the court may order both preliminary and permanent injunctions barring any and all present and future infringements and may also order the surrender of the offending materials.
Many people think that there is some big process they have to go through in order to obtain a copyright. The fact of the matter is your work is protected by Copyright Law when you create it and it is placed as a copy or recorded the first time. An article you write is protected, as is a song or music whether it is in sheet music, on a CD, or both forms of media. Despite this fact it is still recommended that you register formally with the Copyright Office to establish a public record and give yourself concrete legal protection for any suits filed in court.
A copyright gives you protection for 70 years after your death or if you created the work with another it lasts 70 years after the last surviving author's death. As far as anonymous works and works that were made for hire, the time is extended to as long as 120 years from the date of creation.
Unfortunately there are no international copyrights to guarantee you copyright protection globally, but most countries recognize the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. These are the top international copyright agreements for providing foreign authors with copyright protection. If you are in doubt about whether or not a work you have is protected, be sure to consult with a qualified copyright attorney. That is the only way to be absolutely sure you have all the bases covered.
Every business in the United States is susceptible to Intellectual Property theft; small businesses are at an even greater risk. Individual writers and owners of small publications offer a large cache of information for intellectual property thieves to grab, and as I pointed out above, the Internet has made it very easy to do. To guard against this happening to you or your company you need to know what your rights are.
A copyright under U.S. law protects authors of "original works of authorship" fixed in any material medium of expression. This can encompass sounds, notes, words, numbers, pictures, and virtually any other media. Works that are covered under copyright law are diverse and include artistic, architectural, literary, dramatic, audiovisual, and musical. A work does not have to be published to be covered.
According to the copyright law passed in 1976, the owner of a copyright has the exclusive right to distribute, reproduce, perform, and display their work. The rights are transferable by the owner who may license them, sell them, donate them to charity or even leave them to their heirs. According to the law, it is not legal to violate any of these rights, and if the owner of a copyright wins in a claim for copyright infringement, the court may order both preliminary and permanent injunctions barring any and all present and future infringements and may also order the surrender of the offending materials.
Many people think that there is some big process they have to go through in order to obtain a copyright. The fact of the matter is your work is protected by Copyright Law when you create it and it is placed as a copy or recorded the first time. An article you write is protected, as is a song or music whether it is in sheet music, on a CD, or both forms of media. Despite this fact it is still recommended that you register formally with the Copyright Office to establish a public record and give yourself concrete legal protection for any suits filed in court.
A copyright gives you protection for 70 years after your death or if you created the work with another it lasts 70 years after the last surviving author's death. As far as anonymous works and works that were made for hire, the time is extended to as long as 120 years from the date of creation.
Unfortunately there are no international copyrights to guarantee you copyright protection globally, but most countries recognize the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. These are the top international copyright agreements for providing foreign authors with copyright protection. If you are in doubt about whether or not a work you have is protected, be sure to consult with a qualified copyright attorney. That is the only way to be absolutely sure you have all the bases covered.
Legal Problems The Newbie Should Know About
Legal problems can easily sink your internet business before you even begin to swim. Legal requirements abound in the internet arena.
Its your responsibility to get yourself up to speed on these requirements. Ignorance of the law is not acceptable.
Links to your Contact Information and All About Us Information should be on all of your webpages. Your main legal information is your Copyright, Terms of Service, Disclaimer, and Privacy Policy and they should be included as well.
Copyright
Make sure the word copyright and the copyright symbol are at the bottom of your webpages. If you are selling anything, include the words All Rights Reserved. If your product is available worldwide, include that term also.
Terms Of Service
An age statement is strongly advised. In the US, the minimum age is 13 years old, 18 in most other countries.
To safeguard yourself, use 18 years old as the required age for your site. Also include the terms for using your site.
Cyberspace has its boundaries. There are rules and regulations that govern advertising. They are called the Dot Com Disclosures.
Disclaimer
The internet is riddled with viruses, spyware, Trojan horses, and all those other attackers of your computer. Tell visitors to take precautions. Are you giving advice?
Always let your visitors know they should see a relevant professional before using your advice. Also, due to the fast changing nature of the internet, information goes out of date.
You cannot be held liable for that, so let your visitors know.
If you sell a product your visitors expect to help them make money, never say the amount they should make. Your legal problems will multiply if you do. You really do not know.
So many variables go into others being as successful as you. The visitor may not have the internet savvy that you have, or the motivation. You cannot guarantee results. Here is where you state all of that information.
Privacy Policy
Should you capture a visitors private information, include your policy for doing so. Tell your visitor what you intend to do with the information.
If you intend to share the captured information, you must say so.
I will just add this about spamming. This is a small area in the Can Spam Act that receives much abuse. It states, The Act also prohibits false or misleading subject headings in commercial email messages.
Do not send any grand promises of fame and fortune in your email subject line. This is generally done to encourage people to open your email.
Build a great relationship with your list. Theres no need for grandstanding. When the people who know you see your name they will open your email. You can take that to the bank!
I cannot guarantee that you will not have legal problems during your internet journey. But if you include these items in your website, you would have done much to reduce your risk.
Its your responsibility to get yourself up to speed on these requirements. Ignorance of the law is not acceptable.
Links to your Contact Information and All About Us Information should be on all of your webpages. Your main legal information is your Copyright, Terms of Service, Disclaimer, and Privacy Policy and they should be included as well.
Copyright
Make sure the word copyright and the copyright symbol are at the bottom of your webpages. If you are selling anything, include the words All Rights Reserved. If your product is available worldwide, include that term also.
Terms Of Service
An age statement is strongly advised. In the US, the minimum age is 13 years old, 18 in most other countries.
To safeguard yourself, use 18 years old as the required age for your site. Also include the terms for using your site.
Cyberspace has its boundaries. There are rules and regulations that govern advertising. They are called the Dot Com Disclosures.
Disclaimer
The internet is riddled with viruses, spyware, Trojan horses, and all those other attackers of your computer. Tell visitors to take precautions. Are you giving advice?
Always let your visitors know they should see a relevant professional before using your advice. Also, due to the fast changing nature of the internet, information goes out of date.
You cannot be held liable for that, so let your visitors know.
If you sell a product your visitors expect to help them make money, never say the amount they should make. Your legal problems will multiply if you do. You really do not know.
So many variables go into others being as successful as you. The visitor may not have the internet savvy that you have, or the motivation. You cannot guarantee results. Here is where you state all of that information.
Privacy Policy
Should you capture a visitors private information, include your policy for doing so. Tell your visitor what you intend to do with the information.
If you intend to share the captured information, you must say so.
I will just add this about spamming. This is a small area in the Can Spam Act that receives much abuse. It states, The Act also prohibits false or misleading subject headings in commercial email messages.
Do not send any grand promises of fame and fortune in your email subject line. This is generally done to encourage people to open your email.
Build a great relationship with your list. Theres no need for grandstanding. When the people who know you see your name they will open your email. You can take that to the bank!
I cannot guarantee that you will not have legal problems during your internet journey. But if you include these items in your website, you would have done much to reduce your risk.
5 Legal Points Concerning Bank Fraud Crime
Violations of law at a bank or by using accounts of a financial institution are commonly prosecuted in federal court as "bank fraud."
The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.
The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:
BANK FRAUD
Whoever knowingly executes, or attempts to execute, a scheme or artifice
1) to defraud a financial institution; or
2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
FALSE STATEMENTS
The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution. Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. 1014 reads as follows (in summary):
False Statements to a Financial Institution
Whoever knowingly
1) Makes a false statement, or overvalues any property
2) For the purpose of influencing an anyway
3) The action of a financial institution
shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.
The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:
BANK FRAUD
Whoever knowingly executes, or attempts to execute, a scheme or artifice
1) to defraud a financial institution; or
2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
FALSE STATEMENTS
The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution. Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. 1014 reads as follows (in summary):
False Statements to a Financial Institution
Whoever knowingly
1) Makes a false statement, or overvalues any property
2) For the purpose of influencing an anyway
3) The action of a financial institution
shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
Partnership Agreements
A partnership agreement is a relationship between individuals or organizations. Parties involved should be in close cooperation and share responsibilities. A partnership agreement isn't necessarily a legal contractual relationship but a relationship where you come in union to accomplish common goals and purposes that will benefit both parties. A partnership agreement is basically one where you both try striving to meet success.
These partnerships could include federal/state/local government, educational institutions, trade associations, or other organizations. A partnership is defined as a "working relationship" which means mutual participation and joint interest.
Partnership agreements are a good way to achieve goals that would otherwise be to far out of your reach. When people and/or organizations come together you can share responsibility and therefore focus harder on things you feel need the most attention. Partnerships can be effective ways to re-stabilize unorganized businesses, expand, go global, go national, increase customer base, increase sales through referrals, provide even more services your customers may desire, and much more.
Often times partnerships are used when resources are limited, partnerships are a way of maximizing your resources to achieve goals and strengthen existing relationships through consumer protection, etc.
Also, companies in need of skilled, talented workers will often times partner with a company/organization that has the talented, skilled, experienced employees you need to train workers and keep your business on the right track.
The requirements to file and sign a partnership agreement form usually are:
- You both must be at least 18 years old.
- Both partners must be present when filing the partnership agreement
- A legal picture I.D. card is required from each partner.
- If you had a previous partnership you must file a notice for ending the partnership with the County Clerk or Notary Public before you can file a new partnership agreement.
- Usually there's a filing fee $10-$50 often times and they usually accept all forms of payment.
These partnerships could include federal/state/local government, educational institutions, trade associations, or other organizations. A partnership is defined as a "working relationship" which means mutual participation and joint interest.
Partnership agreements are a good way to achieve goals that would otherwise be to far out of your reach. When people and/or organizations come together you can share responsibility and therefore focus harder on things you feel need the most attention. Partnerships can be effective ways to re-stabilize unorganized businesses, expand, go global, go national, increase customer base, increase sales through referrals, provide even more services your customers may desire, and much more.
Often times partnerships are used when resources are limited, partnerships are a way of maximizing your resources to achieve goals and strengthen existing relationships through consumer protection, etc.
Also, companies in need of skilled, talented workers will often times partner with a company/organization that has the talented, skilled, experienced employees you need to train workers and keep your business on the right track.
The requirements to file and sign a partnership agreement form usually are:
- You both must be at least 18 years old.
- Both partners must be present when filing the partnership agreement
- A legal picture I.D. card is required from each partner.
- If you had a previous partnership you must file a notice for ending the partnership with the County Clerk or Notary Public before you can file a new partnership agreement.
- Usually there's a filing fee $10-$50 often times and they usually accept all forms of payment.
How to Obtain a Legal Separation at a Seattle Attorney Law Firm
Legal separation is a family law action which allows married couples to live separately without being divorced. Simply put, legal separation is the first step before the court awards a divorce decree. A legal separation can be a prelude to a divorce, an unpleasant necessity that buys you time to put your marriage back together, or a way to trade a divorce trial for a divorce settlement agreed to out of court. Regardless of what the future holds, we'll help make this part of the processes a little less painful.
Family law is governed by state law, and divorce laws vary from state to sate. In Washington, if a couple does not want to terminate their marriage right away, they can seek a legal separation as an alternative. A divorce action, especially if it goes to trial, can be a very expensive process. However, not all people need to pay high legal fees to get a divorce. There is another way.
Legal separation simplifies the divorce process and gives the parties time to live apart, clear their minds, and try to work through things themselves. Hopefully the terms of a legal separation can be worked out without litigation. Agreements about temporary living conditions--parenting plan, child support, spousal support, debt allocation--can be made pursuant to a legal separation. Then, the parties can live separately and decide later whether they wish to reconcile or continue with a divorce. If the parties choose divorce, they have already made and tried certain arrangements, precluding the need to litigate in court.
Before entering into a legal separation, you need to get the advice and assistance of a good and experienced Seattle attorney. Each Seattle attorney at McKinley Irvin is available to solve your family law needs. Each McKinley Irvin Seattle attorney is very experienced in all aspects of family law, including divorce and legal separation. This Seattle attorney firm has over 100 years of combined experience in family law. Each McKinley Irvin Seattle attorney has represented many clients in cases like legal separation, child custody, parenting plan issues, child support, and property and debt distribution.
There are many issues that come into play while dealing with legal separation cases. Each Seattle attorney at McKinley Irvin can delicately handle these issues. When you work with a McKinley Irvin Seattle attorney, issues such as taxes, assets, and child custody will be handled professionally and with care for the client. As our client, you are the most important part of our business, and we will treat you accordingly.
Each and every Seattle attorney at MI has successfully represented their clients in valuing and dividing community property, including multi-million dollar marital estates. Moreover, our Seattle attorneys are experienced with dividing substantial employment and retirement benefits, stock options, and both government and private sector pensions. Spousal maintenance, child support, disposition of business interests and financial investments are also skillfully dealt by our Seattle attorneys.
Family law is governed by state law, and divorce laws vary from state to sate. In Washington, if a couple does not want to terminate their marriage right away, they can seek a legal separation as an alternative. A divorce action, especially if it goes to trial, can be a very expensive process. However, not all people need to pay high legal fees to get a divorce. There is another way.
Legal separation simplifies the divorce process and gives the parties time to live apart, clear their minds, and try to work through things themselves. Hopefully the terms of a legal separation can be worked out without litigation. Agreements about temporary living conditions--parenting plan, child support, spousal support, debt allocation--can be made pursuant to a legal separation. Then, the parties can live separately and decide later whether they wish to reconcile or continue with a divorce. If the parties choose divorce, they have already made and tried certain arrangements, precluding the need to litigate in court.
Before entering into a legal separation, you need to get the advice and assistance of a good and experienced Seattle attorney. Each Seattle attorney at McKinley Irvin is available to solve your family law needs. Each McKinley Irvin Seattle attorney is very experienced in all aspects of family law, including divorce and legal separation. This Seattle attorney firm has over 100 years of combined experience in family law. Each McKinley Irvin Seattle attorney has represented many clients in cases like legal separation, child custody, parenting plan issues, child support, and property and debt distribution.
There are many issues that come into play while dealing with legal separation cases. Each Seattle attorney at McKinley Irvin can delicately handle these issues. When you work with a McKinley Irvin Seattle attorney, issues such as taxes, assets, and child custody will be handled professionally and with care for the client. As our client, you are the most important part of our business, and we will treat you accordingly.
Each and every Seattle attorney at MI has successfully represented their clients in valuing and dividing community property, including multi-million dollar marital estates. Moreover, our Seattle attorneys are experienced with dividing substantial employment and retirement benefits, stock options, and both government and private sector pensions. Spousal maintenance, child support, disposition of business interests and financial investments are also skillfully dealt by our Seattle attorneys.
Administrative Government Agencies
Petitioning Government
Just how does one go about petitioning one of the many obscure branches of government? Agencies discussed here mostly effect our lives in administering the laws of the land, are called “The Administrative Agencies”. There are three devisions within the Administrative Agencies, first is the Regulatory Agencies which consist of:
Business Standards
Responsible for regulating safety issues of public interest of specific businesses For example, the U.S. Food and Drug Administration
Rate making
Regulates the price of certain goods and services, such as utilities, telephone,
transportation companies, and dairy products. For example, state public utility
Commissions, department of Food and Agriculture and the Federal Energy Regulatory Commission
Licensing sets and maintains standards for entry into a business or occupation; many also enforce professional standards and decide disciplinary matters involving licensees. Medical boards, funeral boards, and cosmetology boards, for example, are licensing agencies. Many states have a long list of such boards. Some boards are completely independent; others fall under the jurisdiction of other state departments
Permitting agencies generally require businesses or industries to preserve the quality of the environment. They set minimum standards for construction projects, waste disposal plants, the agricultural use of pesticides, and other projects with an environmental impact. City and county planning commissions are local permitting agencies.
Social welfare and entitlement agencies oversee public benefits programs. They include social service departments, health and welfare agencies, and housing departments.
Government operations agencies keep government functioning; they involve purchasing, personnel, property management, etc.
There are some agencies classified as part of the executive branch which fall under the authority of the president, state governor, or mayor, which can also be independent groups. There are also independent agencies known as boards or commissions which are headed by multi-member groups appointed by the executive or legislative branch or by both branches together like the U.S. Federal Trade Commission. Many states also have agencies chaired by elected officials,such as insurance commissioners.
Administrative agencies expedite their missions mainly through one of four ways:
1.Rule-making,
2.Adjudication
3.Licensing and permitting,
4.Rate-making.
Some public agencies, such as school, municipal utility, emergency services and hospital boards oversee services provided directly to the community.
Private agencies and organizations
There are organizations not connected to government which can be petitioned to make changes in their procedures. These organizations are under no obligation to respond or act as you wish. But by following proper protocol you stand a good chance of moving your agenda for change forward. By using documented facts, an organized coalition of interested groups, presenting a possible solution, and media pressure will almost always get a response from the agency you focus on.
Agencies’ processes
Rule-making is the process by which agencies establish, change, or eliminate rules and regulations—the operational details of the laws passed by the legislative branch.
Rules and regulations are used to require businesses to act in a responsible manner so as to refrain them from behaving in ways that could harm the public, or to provide government services in an efficient and equitable manner. As example would be to restrict the amounts and types of chemicals farmers can use, or prevent the sale of unsafe or unreliable drugs and medical devices.
Agencies also establish rules and regulations to require responsible, positive behavior, like testing drugs and medical devices before they are made available to the public. Many rules and regulations are set by the agency, profession, trade, or populace who are being regulated or affected by the particular agency. One note of importance is to remember, that you or any citizen may propose a new regulation, or propose change or the elimination of an existing regulation. Simply by following protocol you can exercise your right to petition local, state, or federal agencies, if you feel a change needs to be made.
Before any proposed rule can be adopted, agency officials must notify the effected public and provide an opportunity for people to comment or protest.
Most usually regulations are formally adopted when approved by the head of an agency or members of its board of directors. The new ruling usually becomes effective 30 days after the approval. I
Adjudication
The process by which an agency may determine whether a person or organization has violated a rule or a law and, if so, what disciplinary action should be taken. Some agencies have the authority to issue cease-and-desist orders, to impose fines, or to revoke, suspend, or modify licenses or permits or operation. Usually, such proceedings are held as hearings similar to court procedures and decisions.
You or any citizen can ask an agency to enforce a rule or a law. Requests for enforcement can be an effective tool to hold industry or business accountable for their actions.
Licensing and permitting
The process by which an agency grants a business or individual permission to engage in a particular occupation, operate in a certain manner, or do business in a certain jurisdiction. Agencies are often required to post public notices of an application for a license or permit and to provide for public comment. Citizens participation in the process can effectively shape the activity of a licensed business or require some public benefit in return for granting a license or permit
Rate-making
The process by which an administrative body determines the rate companies can charge for public utilities or certain goods and services, such as gas and electricity, cable and telephone services, and transportation. If proper procedures are followed, the public may participate in rate-making proceedings.
If a citizen believes the agency’s procedures are not fair, or if they have not given the public a reasonable chance to make their case, they can be petitioned by any citizen to change, eliminate, or add to their procedures.
It is the right and duty of each citizen to be observant and responsible in holding government agencies accountable for their actions.
Just how does one go about petitioning one of the many obscure branches of government? Agencies discussed here mostly effect our lives in administering the laws of the land, are called “The Administrative Agencies”. There are three devisions within the Administrative Agencies, first is the Regulatory Agencies which consist of:
Business Standards
Responsible for regulating safety issues of public interest of specific businesses For example, the U.S. Food and Drug Administration
Rate making
Regulates the price of certain goods and services, such as utilities, telephone,
transportation companies, and dairy products. For example, state public utility
Commissions, department of Food and Agriculture and the Federal Energy Regulatory Commission
Licensing sets and maintains standards for entry into a business or occupation; many also enforce professional standards and decide disciplinary matters involving licensees. Medical boards, funeral boards, and cosmetology boards, for example, are licensing agencies. Many states have a long list of such boards. Some boards are completely independent; others fall under the jurisdiction of other state departments
Permitting agencies generally require businesses or industries to preserve the quality of the environment. They set minimum standards for construction projects, waste disposal plants, the agricultural use of pesticides, and other projects with an environmental impact. City and county planning commissions are local permitting agencies.
Social welfare and entitlement agencies oversee public benefits programs. They include social service departments, health and welfare agencies, and housing departments.
Government operations agencies keep government functioning; they involve purchasing, personnel, property management, etc.
There are some agencies classified as part of the executive branch which fall under the authority of the president, state governor, or mayor, which can also be independent groups. There are also independent agencies known as boards or commissions which are headed by multi-member groups appointed by the executive or legislative branch or by both branches together like the U.S. Federal Trade Commission. Many states also have agencies chaired by elected officials,such as insurance commissioners.
Administrative agencies expedite their missions mainly through one of four ways:
1.Rule-making,
2.Adjudication
3.Licensing and permitting,
4.Rate-making.
Some public agencies, such as school, municipal utility, emergency services and hospital boards oversee services provided directly to the community.
Private agencies and organizations
There are organizations not connected to government which can be petitioned to make changes in their procedures. These organizations are under no obligation to respond or act as you wish. But by following proper protocol you stand a good chance of moving your agenda for change forward. By using documented facts, an organized coalition of interested groups, presenting a possible solution, and media pressure will almost always get a response from the agency you focus on.
Agencies’ processes
Rule-making is the process by which agencies establish, change, or eliminate rules and regulations—the operational details of the laws passed by the legislative branch.
Rules and regulations are used to require businesses to act in a responsible manner so as to refrain them from behaving in ways that could harm the public, or to provide government services in an efficient and equitable manner. As example would be to restrict the amounts and types of chemicals farmers can use, or prevent the sale of unsafe or unreliable drugs and medical devices.
Agencies also establish rules and regulations to require responsible, positive behavior, like testing drugs and medical devices before they are made available to the public. Many rules and regulations are set by the agency, profession, trade, or populace who are being regulated or affected by the particular agency. One note of importance is to remember, that you or any citizen may propose a new regulation, or propose change or the elimination of an existing regulation. Simply by following protocol you can exercise your right to petition local, state, or federal agencies, if you feel a change needs to be made.
Before any proposed rule can be adopted, agency officials must notify the effected public and provide an opportunity for people to comment or protest.
Most usually regulations are formally adopted when approved by the head of an agency or members of its board of directors. The new ruling usually becomes effective 30 days after the approval. I
Adjudication
The process by which an agency may determine whether a person or organization has violated a rule or a law and, if so, what disciplinary action should be taken. Some agencies have the authority to issue cease-and-desist orders, to impose fines, or to revoke, suspend, or modify licenses or permits or operation. Usually, such proceedings are held as hearings similar to court procedures and decisions.
You or any citizen can ask an agency to enforce a rule or a law. Requests for enforcement can be an effective tool to hold industry or business accountable for their actions.
Licensing and permitting
The process by which an agency grants a business or individual permission to engage in a particular occupation, operate in a certain manner, or do business in a certain jurisdiction. Agencies are often required to post public notices of an application for a license or permit and to provide for public comment. Citizens participation in the process can effectively shape the activity of a licensed business or require some public benefit in return for granting a license or permit
Rate-making
The process by which an administrative body determines the rate companies can charge for public utilities or certain goods and services, such as gas and electricity, cable and telephone services, and transportation. If proper procedures are followed, the public may participate in rate-making proceedings.
If a citizen believes the agency’s procedures are not fair, or if they have not given the public a reasonable chance to make their case, they can be petitioned by any citizen to change, eliminate, or add to their procedures.
It is the right and duty of each citizen to be observant and responsible in holding government agencies accountable for their actions.
Subscribe to:
Posts (Atom)