...Business Law Sole proprietorship, is referred to as owning your own business entity and more or similar, sole proprietor and business owner are same. There is no legal distinction between the two; the business legal name is the same as the owners. However the business owner may obtain and conduct business under a fictitious name by filing a DBA also known as ‘doing business as’. The merits associated with sole proprietorship are: • Liability: The sole proprietorship while offering own complete autonomy, it also burdens the responsible person with unlimited accountability. The lack of distinction between the business and the owner leaves a little room for financial and or legal protection. In short, whole responsibilities for all debts and legal commitments are entirely directed to the business owner. In addition, as such creditors may seek recourse against personal assets. • Income taxes: The sole proprietor runs his own business being taxed as a whole element and form 1040 along and accompanying schedule C (profit or loss) from a particular business or owned profession.. Moreover, whatever profits the organization gains, are supposed to be personal income for the proprietor with no other division made on that and neither there is any federal income tax accountability for the owner. According to Gordon (1994-96), this is called as “pass-through taxation”. (p. 270). • Longevity: The sole proprietorship may only continue as long as the owner is alive unless specific instructions...
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...BUS670: Legal Environment Professor Robert Tocker May 25, 2014 Abstract Money laundering the process whereby the proceeds of crime are transformed into apparently legitimate money or other assets has been recognized as a criminal activity which causes serious social and economic damages. The traditional method of money laundering is through financial institutions. However, with the development of new science and technology the approaches of money laundering have become more and more diverse. This paper is discussing the legal and ethical issues which surround this topic, as well as, develop an analysis for the ethical concerns raised by the laundering of money. The writer will then provide explanations from at least three relevant areas of law that have been discussed throughout the course and assess each area as it applies to money laundering. Finally, the write will provide recommendations on this situation to reduce liability exposure and improve the ethical climate or the overall ethics of money laundering. Is money laundering a real problem in the world today? I. Introductions There are many ethical issues that can arise in the course of operating a small business. A comprehensive understanding of the different types of ethical issues will help you to identify and handle this situation’s responsibility to maintain core business values. Let’s look at this scenario for example, money laundering. This paper is discussing the legal and ethical issues which...
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...Business Ethics and Legal Issues Name: Course: Tutor: Date: Abstract Antitrust laws are the legislations by state governments aimed regulating the way in which trade and commerce is carried out. This is possible through the prevention of illegitimate price-fixing and monopolies and facilitating fair completion. The net effect that is felt by the consumer is the production of high quality goods and services at prices that are affordable to all. Additionally, the public welfare and interest are well protected because it ensures that their demand is met by the firms who are engaged in the sale of goods and services. This is achieved by the provision of an ample environment for businesses to experience fair competition resulting in good business practices in all industries in the United States. This is achieved by cultivating the culture and the belief that the economy, the manufacturers, and consumers should mutually benefit from the effects of free and fair trading (Mankiw, 2008, p. 7). In its bid to create fair business environment antitrust laws mostly try to minimize cases of monopolization by various firms which may intend to create it through any possible merging. When firms merge, they reduce the competition within themselves and the net effect is that one company controls the whole industry and makes any decision regarding the prices of the products that it handles. This is where the antitrust laws come in place in order to protect consumers...
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...LEGAL ISSUES IN BUSINESS ORGANIZATIONS Legal Issues in Business Organizations Toya M. Smalls Student ID: 000295300 LIT1 Task 310.1.2-01-06 June 28, 2013 Legal Issues in Business Organizations A business can be organized in one of several ways and the form its owners choose will affect both the company’s and owners’ legal liability and income tax treatment. It is important that the business owner considers these different forms of business organizations: sole proprietorship, partnership, and corporations. Various legal structures are available to assist business owners with the organization of their business. These legal structures make provisions for the business’ liability, income taxes, continuity, control, profit retention, and regulatory requirements. Each organizational structure differs and possesses advantages and disadvantages. The first important decision that a business owner will make is selecting an organizational structure that will capitalize advantages and curtail disadvantages for their business. Legal Issues in Business Organizations Sole Proprietorship A sole proprietorship consists of one individual doing business and is the most common and simplest form of business to establish. · Liability: Sole proprietors have unlimited liability, which is a clear disadvantage. They are personally responsible for the obligations of the business, including the actions of employees representing the business. · Income Taxes: A sole...
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...Katelyn Bowerman 000311726 310.1.2-01-06 Part A There are many different types of business forms for your company to convert to. Below I will discuss the six types, their characteristics, advantages and disadvantages. I have concluded that there is one piece of generalized advice I can give for all of these types, and that is preparation for all owners involved, no matter the role. In the event of a death, or a decision to leave the business, you should make sure that at the forming of the business, that everything is in order for all parties involved and the smooth continuation of said business. Running a business can be an exciting endeavor, but I would recommend to anyone before they start, to have everything legally in order for all the different kinds of situations you can find yourself in. Sole Proprietorship- The simplest form of business, a sole proprietorship is the most common form of business in our country. Be it because it can be managed by a single person; or perhaps it’s the lack of agreements and formalities needed for the business to run, sole proprietorships are able to operate on a small scale and responsibilities fall on only one person. In a sole proprietorship, only one person is needed for the capital and credit to start the business, and possibly that’s why we American Dreamers have turned it into the most common form of business used in this great country. What distinguishes this form from the rest, is the unshared responsibility of the owner....
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...Class: Buss management yr 3 Subject: Legal Issues Words: 904 words As a manager of an online business, what legal regulations must you take account of? Today in Ireland more and more people are looking to the internet to start an online business as barriers to entry are minuscule and this will increase the size of your target audience, therefore increasing profits. But before starting any online business there are several legal requirements to go through before starting the business, as online trading is now governed by a number of laws which were put in place to protect consumers. As the manager of an online business you need to be conscious of these laws and regulations and responsible for seeing that all necessary requirements are followed accordingly. Firstly your business must meet the general requirements of consumer law so that all the products and services that you are selling meet a certain standard and that they are as described and consumers get exactly what they are paying for, so that they are treated fairly. Specific rules apply to distance contract’s, a distance contract is formed when you agree to buy goods online, before a distance contract can be made between the buyer and seller, the seller must make clear to the buyer information such as their identity and their address, the main characteristics for the goods or services, the price including any taxes and delivery costs, set out arrangements for payment...
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...FMLA, ADEA, ADA SONDRA STANLEY LIT 1 April 14, 2016 DAWNA SNIPES Battle lines have been drawn and redrawn in the sands of time regarding our three chosen situations for this essay. Many people have suffered personal and or financial loss due to one or more of these topics. Lawmakers finally came to conclusion on the issues after many stands were made, and still are today. FMLA, ADEA, and ADA may not have had a direct impact on you, but there may be someone in your life that it has affected. Family Medical Leave Act, or FMLA as it is commonly referred to, was signed into law in 1993 by Former President Bill Clinton. FMLA was enacted to provide employees, of companies that employed fifty or more individuals, a job protected leave of absence from work, for up to twelve unpaid weeks, unless the employee had sick or vacation time to make up the financial loss. The employee must have been with the company for twelve months and had worked at least one thousand two hundred and fifty hours, (FMLA.com). FMLA also protects the employees work position at the company. The company must offer an equivalent position with the same rate of pay upon the return of the employee. FMLA made the balance of work and personal life more manageable outside the workforce. FMLA lessened worry among the employees as well as the company itself. There was also a provision in the act for employees to care for a military service member, of their immediate family, for twenty six weeks if the...
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...Board Forum 2: Contracts BUSI561 – Legal Issues in Business November 10, 2013 Analysis of the Situation Let me begin by assessing the current situation and relationship with Don. Don and I met because of our individual desires to walk with Christ. We developed our friendship that eventually evolved to a business relationship; we are both small business owners. Our business venture started under favorable circumstances consistent with implied duty of faith and fair dealings. According to Kubasek, Brennan, &Browne (2012), an implied contract is formed by conduct of involved parties rather than written or spoken words. That was exactly the case between us. Don would place routine orders and would generally pay all invoices due within 45-60 days. I continue to supply him with my product [Scuppernong grapes] at consistent prices. The situation appeared to be mutually beneficial. Just recently, my product started to gain popularity that resulted to increased demand far in excess of my ability to supply. A company in Connecticut presented an extremely advantageous offer. After contacting Don to inform him of the circumstances, I was informed that my 17-year-old son who is a part-time deliveryman signed a requirements contract on behalf of my company. Neither my son nor Don had mentioned the existence of the contract before. Identifying Present Issues Based on recent developments, my company is facing several pressing issues. I have one current and one possible...
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...Valid Contract Unit 3 IP Penelope Manzo BUSN310-11-2B-06: International Legal and Ethical Issues in Business American Intercontinental University James Lange Valid Contract A valid contract is an agreement that is backed-up by the courts. The contract is valid if it meets all four elements, which includes: an agreement, valuable consideration, competent parties, and legal purpose. The agreement must be a compromise from both parties, and the intention of all terms of the contract must be agreed upon from both parties. Before the contract can begin, both parties must make clear each intention, detailed, and both parties must have a clear understanding. The agreement must have an offer and an acceptance, which must include both parties. Next, a valuable consideration, in which each party are required to give up something of value or refrain from exercising a legal right in an agreement, such as the initial agreement. The third element, competent parties means all parties must possess the legal capacity to enter into the contract. This means the state jurisdiction must be met, all party members must be of legal age within the state, and must be of mental competence. Lastly, legal purpose, the contract must have a legal purpose and not contrary to the public policy. These four elements must be agreed upon and meet before a contract becomes valid. According to US Legal Definitions, Objective theory of contract is a “doctrine which states that a contract is not an...
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...International Legal and Ethical Issues In Business Several issues keep emerging in the current business world. Some of these issues are legal while others are ethical. The management of modern organizations must ensure that their human resources have desirable ethical behaviour. This will ensure that their organizations maintain their clientele and in turn increase their profit margins. How would you effectively present the issue of potentially defective products to the CEO, other directors, and managers? A potential defective product can cause injuries if taken lightly regardless of whether the company’s ethical guidelines have been communicated. Such situations can cause significant legal repercussions and destroy the reputation of a company, which can cost the company if proper steps are not followed in correcting it. Normally, the senior management in current organizations fails to know what is happening at the ground level and it is the duty of the employee in charge to give out a report (Edwards, 2008). During such a presentation to the top management, it is important for one to give out sampled evidence to support the allegation in an honest manner. This should be made in comparison to the actual products to bring out the difference. Physical evidence brings out product defects and it will challenge the top management to act fast to avoid legal battles with the consumers (Brooks, 2012). How would you specifically notify customers of such an occurrence? It is an...
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...Professor Currie ACC647Z2 3 October 2015 Legal and Ethical Issues Business Owners Face Legal and ethical issues play a big part in the operation of a business for many owners. Business owners have to take into account many issues such as legal, regulations, safety, liability and brand of the company. Business owners must know their legal responsibilities and code of ethics, because they have to adhere to both when running a business. Many business owners face these issue everyday with changing regulations and laws, making sure that their reporting is ethical and up to standards. "Navigating all of the legislative and regulatory changes that occur throughout the course of the year can be challenging, taking business owners away from other important aspects of running their businesses," said Martin Mucci, Paychex president and CEO. Business owners have to follow state and federal labor laws which can be very taxing on business owners. Business owners have to monitor their tax reforms, because with the Tax Increase Prevention Act of 2014 the processing of taxes will affect the way that business owners have budgeted for their businesses. Business owners are also affected by new health reforms which state that “employers must be prepared to meet new IRS mandates to file annual information returns with the IRS and provide statements to their full-time employees about the health insurance coverage the employer offers” (Brooks, 2015) Business owners have to know the rules and regulations...
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... International Legal and Ethical Issues in Business American InterContinental University It is know that is anyone in the business world has legal obligations to keep their employees and customers safe. The first thing that I would do is call a meeting with the CEOs, directors, and managers, present the potential defective product to the boards as an issue and explain to them exactly what the defect in the product is. The CEOs, directors, and managers will know that everything possible is being done to protect the consumers from any hurt, harm or danger of this potential defective product. I would advise everyone to follow all company policies and procedures of what to be done in the event of a failed product. If there is a possibility that there is a defect in a product of a company, after making the CEO and other personnel of the company aware of the issue, the next step is to make the customers aware of the issue. A company will not be in business for long if they decide to ignore its customers. The most effective way to notify customers of a defect in a product is by recalling the product. This is to contact them by mail or email with a letter of a possible defect in the product, set up special phone lines and e-mail addresses so that the customer can report any issues with the product directly...
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...International Legal and Ethical Issues in Business unit 1 individual project Introduction In the scenario of the company’s upcoming meeting with the chief executives officers of the company, (CEO) this would be a great opportunity to present the potential defective products, that’s being sold to the customers and potential customers. Not only to the directors but to the executives as well As this is a very serious issue that cannot be over looked, that could cause a plague throughout the organization... this defective product could pose a risk For both the customers and the company. And cause millions of dollars in lawsuits, the businesses reputation, unsatisfied customers, and ultimately putting the company at risk of going out of business. Since the new executive may not be aware of the potentially defective product; nor of the company’s ethical guidelines; due to the lack of effective communication. However, as leaders of the organization all are accountable and responsible for the actions by the organization... as leaders are the pillars of the organization; i.e. directors, managers, internal auditors, and external auditors. Leaders must be an example of honesty, and accountability. “To be effective, all four must operate separately or it will cause a substantial amount of damage. (As cited in clarity begins at Home, 2002). Body Therefore the purpose of this assignment to discuss and prove the internal action of a defective product and how to ethically, notify...
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...Marian Malone International Legal and Ethical Issues in Business October 25, 2015 Abstract What kind of statements are companies allowed to make in their advertising campaigns to get noticed by the general public? How much of this advertising is taken seriously by the general public? Will a company be held responsible to follow through for their statements made in an ad campaign? We will examine these questions in this paper. Circumstance In 1999, a Seattle man took a popular soft-drink company seriously when one of its commercials made an offer of a Harrier jet, the famous high-tech jump jet used by the U.S. Marines. In a TV commercial that aired in 1995, the company jokingly included the Harrier as one of the prizes that could be received with a mere 7 million company points. Although that sounds like a lot of points to get from drinking the soft drink company's products (roughly 190 drinks a day for 100 years), the company also allowed customers to purchase points for 10 cents each. The man did the math and discovered that the cost of the 7 million points needed for the jet was $700,000. He then put together a business plan, raised the $700,000 from friends and family, and submitted 15 points, the check, and an official order form along with a demand for the Harrier jet. The company wrote back, stating that the Harrier jet in the commercial was simply used to created humorous and entertaining advertisement...
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...objective is typically profits, a secondary could be expansion, an initiative to become a globally known brand and gain international market share. Once the fundamental question of “why” is answered, the remaining issues, such as foreign government policies, can be addressed as well. So should a company comply or defy? Proponents of both sides of the fence are up in arms and ready to debate their stance. Proponents argue loss of market share if a company decides to leave a potentially new market, especially an international market. And proponents of defying the compliance terms are citing moral and ethical beliefs which make it wrong to comply with a communist government (http://hbswk.hbs.edu/item/5246.html). So who is the victim and who is the winner? I think that both sides are equally at loss as well as gain. If a company decides to leave due to compliance issues, chances are their competitor will step in and dominate that market. It is often difficult for a company to enter into the market as a secondary and gain market share. Foreign investments are both risky and expensive to finance, organizations determined to gain market share should certainly comply with the rules and regulations of the foreign market in which they wish to do business in. On the other hand, do we forego our moral and ethical values simply because we are on foreign soil? Are...
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