Posts Tagged ‘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.

Source:
My 40 years of legal business experience

A power of attorney is a legal document. You use it to give someone the power to act for you. You are the principal. He is your agent. The person acting for you is also known as your “attorney-in-fact.”

Two types of powers of attorney are the general power of attorney and the special power of attorney.

A special power of attorney is used to give another person authority to do one single thing.

A general power of attorney is not limited to a specific purpose. If you want someone to be able to act on your behalf while you are out of the country then the general one is what you need.

Now let’s say you are going to Afghanistan, on active duty. You want to give your wife power to do just about anything while you are gone.

Here’s a how a general power of attorney for that purpose might look:

General Power of Attorney

I, Andy Rasmussen, do hereby grant my wife, Jesica Rasmussen, a general power of attorney to perform any action on my behalf and to sign my name to any documents needed to accomplish said actions until I return home.
Signature & Date

A notary seal is not required but if you are leaving the country for military service you might want to dress it up a bit and include a notary section. Then sign the power in front of a notary just so your wife doesn’t have any trouble with it while you are gone.

Now let’s say you are caring for your invalid mother. She’s not mentally incompetent…yet. But, she does want you to take care of her affairs and pay her bills. A general power of attorney is what is called for. Here’s how it might look.

General Power of Attorney

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other.
Signature & Date

Once again, given the circumstances it would be best to have a notary section on this one and to get it properly notarized.

Durable Power of Attorney

Let’s say Louisa in the above example is worried about her mother becoming mentally incapacitated. In that case Louisa might have to go to court to get the right to manage her mother’s affairs.

What’s called for is a “durable power of attorney.” It’s still a general power of attorney but in this case we’ll make it durable so it continues even if her mother becomes mentally disabled. Here’s how it might look:

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other. This power of attorney shall continue and survive even if I become disabled whether mentally disabled or physically disabled.
Signature & Date

For sure you would want to have this one notarized and it would be best that you had it drafted by or at least approved by an attorney who works primarily in the area of estate planning.

It is common to see some very comprehensive (10-20 page) General Durable Powers of Attorney. The reasoning behind these very thorough documents is that some financial institutions are very reluctant to rely upon broad, sweeping statements that a principal has granted ALL authority to their agent to do WHATEVER they would be able to do.

Some institutions or people who are dealing with an agent want to see very specific language that pertains to the actual transaction that they are carrying out on behalf of the principal. This just raises the comfort level of some people when dealing with an agent.

Also, in some states there is no penalty for not honoring a power of attorney. If someone chooses not to deal with an agent because they have their doubts about the power of attorney there’s no penalty for refusing to honor the power of attorney. At that point, one would have to establish a guardianship/conservatorship (which, of course, is not a very desirable outcome).

Conclusion

A general power of attorney can be a very simple document. However, since they can be used so broadly, it is best that they be given more care and attention than a simple special power of attorney. When dealing with the aged or infirm you should consider a durable power of attorney. Have an attorney draft it or at least review it.

Acknowledgment

The information on durable powers of attorney was written with the assistance of attorney J. RobRoy Platt of Lehi, Utah. Mr. Platt’s law practice focuses on estate planning issues.

Disclaimer

This article is intended to inform about powers of attorney. Please seek legal advice in your state of residence if your power of attorney involves any matter of consequence.

All natural forces are based upon law. These laws do not operate in a limited field, but are universal. To illustrate, the law of gravitation is not limited in its scope to the earth, but its influence extends throughout the universe.


Hahnemann, by his fine observation and the inductive method of reasoning, became convinced of the law of cure, similia similibus curentur, and embraced it and declared it to be universal, a basic law of therapeutics.


If there is any general law of cure, that law must express some relationship between the medicine and the disease. To be of any practical use such a relationship must be exhibited, and we must be able to demonstrate such a relation between a disease and its remedy that any examination of the former shall determine the latter.


It is the characteristic of disease to produce certain phenomena which are not observable in perfect health. This is true whether the changes are functional or structural; what we recognise as symptoms are all that can be known of the disease. It is only through the observation of these expressions that we can make any use of the law of cure, and there can be no general consideration of the rule of cure, unless it comprises a consideration of symptoms as one of the necessary elements.


One might say that a comprehension of the symptoms of a given case was one of the primary factors, and in so far as one comprehends the expression of disease in these phenomena is one equipped to follow the law of cure in any particular case. Symptoms are the only representative expression of the diseased state. We include sensations as expressed by the patient, the appearances in all parts of the body, the varied circumstances under which these symptoms were recorded, and the varied grouping of these symptoms, in any consideration of the case.


When a symptom is noted under certain circumstances and not under others, this obvious relation between the symptom and its related circumstance is in itself a symptom, or rather, a part of the symptom, the sensation being quite incomplete without the expressed relationship of circumstance. Very often the concomitant of circumstance is of greater importance to the whole case than the expressed sensation, but the sensation is much more frequently expressed by the patient.


Two or more symptoms may appear together, or synchronize with each other, so frequently that they are really one symptom and must be considered as such in our analysis.


A law of cure must represent some relation between the properties of a disease and the medicinal qualities of a drug; or in other words, we must have some concept of the character of the drug’s action on the living body that will interpret the law of cure in the action of disease.


This character of the drug is represented, not by a single effect, but by a group of effects. This group of effects is the only representation we have or can have of the medicinal character of a drug on the living body, and since these same effects are found in disease states, these effects are the only relationship that can be established between the medicinal effects of a drug and disease. There can be no law of cure unless it expresses some definite relation between these two groups, or classes.


The homoeopathic law establishes a definite relation, not only between proved drugs and known diseases, but between all the unexplored medical wealth and the undeveloped requirements of sickness. Like the law of gravitation, the law of cure as taught by Hahnemann is not, and cannot be, limited to a small group of conditions; the limitations rest entirely with our ignorance. Hahnemann and his followers constitute the only group of medical philosophers who have always been true to the inductive method of reasoning, based upon known facts, they have established this law of therapeutics.


Thus the law of cure can be seen as a crucial concept in the discipline of homeopathy, and a necessity in understanding disease and remedy.