...TUTORIAL 7 (online) LAW OF AGENCY 1. Describe the relationship of a principal and agent? An arrangement in which one entity legally appoints another to act on its behalf. 2. Can an employee be an agent and why? Can because the employee is negotiating with customers on principal’s behalf. 3. Is a sole distributor an agent and why? It is an agent because its role is to become the middle person in distributing products. 4. In what circumstances can a person be an agent of ‘necessity’? It must be an emergency Need to protect principal from loss 5. What is meant by an agency created ‘expressedly’ and one created ‘impliedly’. It is expressed when spoken or written and; It is implied when inferred from circumstances cases 6. What are the consequences if an agent fails in his duties to the principal? He must compensate the principal for any loss resulting. 7. What can an agent do if he is not paid by the principal? Sue the principal 8. Explain what is ‘ratification’ in the law of agency and why would a principal want to ratify the unauthorised acts of an agent. When an agent, without the knowledge or authority of the principal, acts on behalf of the principal, the principal may choose to accept or reject the acts 9.What is meant by agency by ‘estoppel’? Where an agent, who has no authority, does acts to 3rd persons on behalf of principal, the principal is bound by those acts if he has, by his words or conduct induced such...
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...HELP Ask a Question Give Feedback 1-800-FED-INFO Browse Knowledgebase TOOLS Start a Business Learn About New Health Care Changes Find Opportunities Browse resource for Veterans SBA Tools Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue....
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...report) Forms of Business Organizations SOLE PROPRIETORSHIP A sole proprietorship is an unincorporated business entity owned by one person. A sole proprietorship is the most common form of business today. · Liability: This is one of the largest disadvantages of a sole proprietorship. There is no distinction made under law between the proprietor and the proprietorship therefore the proprietor is one hundred percent liable. In the event that the business flops or is sued the business and personal assets of the proprietor including homes, bank accounts, vehicles, and equipment will be used to pay off outstanding debts. Future earnings are included the only income that is exempt from liability are life insurance monies left by the proprietor to his/her family. · Income taxes: There is no difference under the law between a sole proprietor and the sole proprietorship, meaning that all business income is considered personal income of the proprietor. There is no double tax; all taxes are paid once by the proprietor since there is no separate reporting of federal income tax. The disadvantage to the tax situation is that the proprietors’ income from the proprietorship may cause the individual to enter a higher tax bracket and therefore pay more taxes. However a sole proprietor may decrease taxable income by writing off operating costs as expenses and most often this tax situation is advantageous. · Longevity/Continuity: It is as easy to dissolve the business as it was to start...
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...Small Business Idea Melissa Baird Accounting ACC/561 June 4, 2012 Michael Gaspar The receipt of the small business funds would provide an opportunity to open a soup kitchen to feed homeless and low income individuals. The business would be a sole proprietorship because of the simplicity, and because the success or failure of the business is solely contingent on the owner’s actions not those of partner’s or shareholders. In addition, a sole proprietorship is not taxed at the corporate rate instead profits and losses are reported on schedule C of the owner’s personal tax return. Completing a schedule C, income statement, and balance sheet for a sole proprietorship is less complicated than completing partnership or corporate tax returns. Sole Proprietorships Sole proprietorships are the easiest form of business to set up and operate and are not subject to state or federal government approval, however, some local governments require business’s to obtain a license to operate. Advantages of sole proprietorships include ease and low cost, the owner makes management decisions, has exclusive use of all profits, and the business can be liquidated without approval from a partner or shareholders. Disadvantages include limited capital, sole liability for all business contracts and possible torts that may be incurred as a result of negligence by employees. Also as a sole proprietor all capital used to start the business will...
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...Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations Under Federal Securities Laws 67 C.) Shareholder Litigation 76 IV.) Structural Changes 85 A.) Transactions in Control 85 B.) Mergers and Acquisitions 86 1.) Mergers 87 2.) Sale of Assets 93 3.) Asset Purchase or Tender Offer 94 C.) Public Control Contests 96 1.) The Poison Pill 100 2.) Enhanced Review When Business is Up for Sale 103 3.) Proxy Contests for Corporate Control 106 4.) Protecting the Deal: Shareholder Lockup Agreements 109 I.) INTRODUCTORY PRINCIPLES • Definitions o Corporate Law: The allocation of rights and power within a corporation; the internal body of law ▪ Addresses the creation of economic wealth through the facilitation of voluntary, ongoing collective action ▪ Flexible- expectation that market discipline will weed out what is not working ▪ Principle aim- reduce agency costs of all sorts o Securities Law: Regulates capital markets that corporations use to obtain funding o Firm: A form of business relation that has a temporal dimension, a...
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...sole proprietorship and general partnership. A sole proprietor business is owned by one individual. A sole proprietorship business is the most common form of business and has many benefits. This type of business is easy setup, does not require large amounts of capital, and allows the single owner full management of decisions concerning the business. The proprietor receives all business’s profits and can easily transfer or sell the business if desired. The liabilities and risks of sole proprietorship are relatively large. The owner is responsible for everything associated within the business, including the possibility of losing all capital contributions. The owner has limited access to capital and assumes responsibility for all contracts entered into by the business. The owner also undertakes unlimited personal liability. Creditors may recover claims against the business from the owner’s personal assets such as home, automobile, and bank accounts. A general partnership is a voluntary association of two or more individuals for the purpose of establishing a business. The partnership requires certain rights and duties to be established either through a partnership agreement or by law. General partnerships have access to more capital than sole proprietorship so funding expansions or weathering slow down periods is improved. General partners are also personally liable for debts and obligations assumed by the business. A general partnership has three main liabilities, tort, contract...
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...Ethical and Socially Responsive Business Stacey Scott-Spland Professor Mark McMullen Saturday, March 14, 2015 The company’s code of conduct that I have chosen to review is Chipotle. Chipotle code of conduct covers every possible incident that may occur within or outside of the company. It is a very detailed code of conduct, but I will dive into the most important aspects of the code of conduct that is of significance or importance to the company. The company was established in 1993 with the mission of creating a fine dining experience at the paste of a fast food restaurant without compromising quality, “which is referred to as fast-casual”. Chipotle code of conduct is through spelling out all of the company’s policies and procedures for employees, directors and board members to follow, who are representing themselves on behalf of Chipotle. The first part of the code of conduct is as follows; “Chipotle is committed to the highest standards of integrity in all of our activities and compliance with both the letter and spirit of the law. We expect that you will reflect these standards in your day-to-day dealings on our behalf.” The most significant parts of Chipotle Code of Conduct includes the "Integrity Statement," "Anti-Discrimination, Harassment and Sexual Harassment Policy," "It’s the Law,” and "Chipotle Confidential." The five categories are an integral part in protecting the company and its employees against unlawful activities. The code of conduct defines who...
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...1. Is it possible for two or more people to create a partnership unintentionally? A partnership also may be created when two or more parties who do not have a written agreement or even an intention to form a partnership act in such a way as to lead third parties to believe that a partnership exists. 2. How can a person overcome prima facie evidence of a partnership? By showing that the share of profits received represented wages or payments of a debt, interest on a loan, rent, or the purchase price of a business or goods. 3. Under the Uniform Partnership Act, is partnership property owned in the name of the partnership or in the names of the partners? Under the Uniform Partnership Act, any partnership property, whether real or personal, may be owned either in the names of the partners or in the name of the firm. 4. What can personal creditors of one partner do to try to collect the partners debt form the partnership? The personal creditors of one partner can ask a court to order that payments due the debtor partner from the partnership be made to the creditors. They also can force the sale of a debtor partner’s interest in the partnership. 5. How will partnership profits and losses be share if the partnership agreement does not fix the ratio? If the partnership agreement does not fix the ratio of sharing the profits and the losses, they will be shared equally, not in proportion to the contribution to the capital. 6. If no date for the dissolution...
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...Law of agency From Wikipedia, the free encyclopedia Jump to: navigation, search The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another (called the principal) to create a legal relationship with a third party.[1] Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him and third parties into contractual relationship. This branch of law separates and regulates the relationships between: • Agents and principals; • Agents and the third parties with whom they deal on their principals' behalf; and • Principals and the third parties when the agents purport to deal on their behalf. The common law principle in operation is usually represented in the Latin phrase, qui facit per alium, facit per se, i.e. the one who acts through another, acts in his or her own interests and it is a parallel concept to vicarious liability and strict liability in which one person is held liable in criminal law or tort for the acts or omissions of another. In India, section 182 of the Contract Act 1872 defines Agent as “a person employed to do any act for another or to represent another in dealings with third persons”...
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...| Sole Proprietorship | Description | Sole proprietor is most common way of doing business owned by single owner not incorporated. | Two Advantages | Easy to create. No time or costs simply start doing business.Autonomy owner is the business. Easy to make decisions. Own hours, grow as big or stay little. Owner decides. | Two Disadvantages | If owner dies business dies. Only one person hard to raise capital.Because it is one person, if you don’t have individual wealth the business will have to suck funds from somewhere else. | Liability | Owner is 100% liable for the business, no difference between owner finances and business finances. | Income taxes | Taxes are same as owner/business. You would pay taxes through owner’s income. Taxes are one in the same. | Continuity of the organization | Easy to start, easy to shut down just finish all contracts pay off all debt and you can close down. | Control | Owner has all control on decisions. Owner may need to get local license and permits and operate within the law of the City, State, or country. | Profit retention | Would be managed through the owner’s personal finances and set up however they see fit to retain profits. | | General Partnership | Description | Where two parties agree to go into business together. Often times taking different talents to add to the business. Similar to a Sole Proprietorship but two or more people. | Two Advantages | Two skill sets, two individual bank accounts. No formal or stated...
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...MARKETING OF INSURANCE SERVICES AGENCY APPROACH In recent times the insurance business has been based on agency representation and relationship. The agent represents the principal in the sale of insurance policies and in forcing a contractual relationship between the principal and the client. According to Nwachukwu (1991), the following criteria will be considered in agency creation 1) The creation of agency. The relationship can be formulated either through written or oral communication or by conduct. When required to act under seal, the agent must be given a document to validate his authority. This gives the agent power of attorney to act on behalf of his client. It has also been 2) Capacity: only individual who have been proven capable can act as agents. Exceptional cases are made during his period of sanity. Also a company can take up the role of an agent for another party, even if its not in line with the business operation of the company. The relationship that exists between the principals and agents is solely based on the resultant benefits. Classification of the Power and Authority of the agent 1) Express Authority: in this situation, the authority and rules governing the relationship is clearly spelt out in writing, oral or by deed. The oral form might not cure handy when issues come up. Where the written authority might not be specific and this gives room for manipulation of the principal by the agent. 2) Implied Authority: this authority...
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...LIT1 – task 310.1.2-01 through 310.1.2-06 Business Forms Sole Proprietorship – Sole proprietors are individuals doing business on their own. They have no partners or shareholders. A sole proprietor may have a free-standing business where he works or he may be a contractor or freelancer and travel as near or far as he pleases. If he chooses to move to another location or State, he can continue his business there. Some advantages to this type of business are that the sole proprietor makes all business decisions, has creative control and keeps all of the profits (or can reinvest them). He also saves the expense of creating a partnership or corporation. There are no forms to fill out if you are a sole proprietor: you decide to start a business and you do it. There is no legal obligation to become incorporated. Another advantage is that there are no special tax forms to fill out; the sole proprietor fills out a standard IRS 1040 form and includes his business earnings as Schedule C. Disadvantages that may come up in a sole proprietorship include not having enough capital to start or continue the Sole Proprietorship or not having the time to spend with friends and family due to a heavy workload. If the sole proprietor has employees, he may have difficulty retaining them due to the benefits offered by corporations that may be nearby. The sole proprietor is also the sole person responsible in the case of a lawsuit and is personally liable for any debt. A large court judgment...
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...Colorado Technical University Business Proposal and Formation Business Law I MGMT235-1503A-09 Unit 5 I P Instructor: Dr. Leslie Cooper-Blood By: Betty Smith August 10, 2015 Introduction to Lady B’s Salon This introduction is to institute the spawning of Lady B’s Salon within the state of Alabama. The company will be a full-service salon that offers an enormous amount of services that goes beyond the normal stylist salons. This proposal outlines the steps and measures that will be taken during the structuring of the development. The type of business that will be engaged within is a full-service beauty salon, which will incur a general partnership with my daughter, who is a licensed cosmetologist and will share all liabilities and profits/losses of the business. Within this salon business, the services that will be provided and/or offered will be hair stylists, barbers, nail technicians [manicures/pedicures], waxing and tanning, massage therapy, child care services, entertainment room/food service, and sauna rooms. In order to fulfill this business strategy, it will be necessary to engage in a full partnership with equal investors and attaining secured loans to support the business endeavors. The salon will offer many of the higher end products and services that will drastically increase the revenue and returns within the business. The salon will initiate in an approximately 3000 sq. ft. building and it will commence with some of the more trendy products and services...
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...Purchasing Officer's Personal Liability PROC 5810 Webster University Online 22 July 2013 Abstract If you research the internet, there are massive amounts of information on how the law handles purchasing agent actions when acting upon directions from their principal, but what happens when the agent acts alone, is the agent held responsible? What about signature authority or when the agent is careless and takes on actions that he/or she has no right to perform. Can a purchasing officer be held personally responsible for actions outside the knowledge of his principle? Purchasing officers (agent) are employees who buy supplies and materials for the companies they work for. They dicker over the smallest costs and make decisions for the company on materials and supplies that would benefit the company. Agents are also in charge of managing contracts and ensuring that they are completed in time. Purchase agents have to be educated with enough knowledge to make the right decisions on handling the purchasing, inventory levels, suppliers and the economics which will enable them to make the important decisions to help a company succeed. Contracts involve negotiating for bids, being technical in your knowledge and being able to access what products are needed is part of what makes the agent the expert and their field. Purchasing agents are expected to be able to meet with vendors and to be able to iron out the problems, so as not to cause harm to the company. The control...
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...Entrepreneur! ACC 557 Abstract Being a full time working mom with a house, husband and grad school to attend to, it does not give me a great deal of free time to pursue my lifetime goal of opening up my own day care center. Today, I have decided to turn that goal into a business finally with the support of my friends and family. However, I do need to obtain start-up capital from a lender or from an investor. My goal is to properly convince the lender or investor that opening up my own daycare center is more than just a dream and that I am very passionate about opening up this business and making it a very profitable one. I feel that I have a firm grasp of how to properly run a daycare center, the accounting practices that impact a daycare center as well as the controls needed to safeguard assets to ensure that we stay in compliance and adhere to all regulations set forth. My plan is to start this business inside my home with the name of “Babies & Beyond” located in Somerset, New Jersey, see how well I do, and then perhaps look to expand and build a complete center one day. You are an Entrepreneur! 1. Describe the type of business you have created including: A daycare center is a place for parents to drop their children off with ease and comfort knowing that their money is going to good use to keep their children safe while also providing the children with a curriculum for learning. Daycare programs provide supplementary...
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