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what’s In A Name – Just Your Business Survival!

October 27, 2023

What’s so important about how I sign my name?”

I get asked that question all of the time from my business consulting clients.

I tell them that a better question to ask me is this:

“Who cares about how I sign my name?”

The answer is a simple one.

NOBODY.

FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).

As in many areas of the law, the exception to the rule swallows up the rule!

What do I mean by this?

Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.

In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.

FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.

You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.

You MUST avoid signing your name in your individual capacity.

And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.

In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.

SIGN AS AN AGENT OF YOUR BUSINESS

If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.

For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in

EXAMPLE 1 below:

EXAMPLE 1

(signature)
————————
John Doe

“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”

EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.

And not as an agent on behalf of your business.

If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.

And you likely don’t want to do this!

Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.

If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.

Remember then:

Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.

“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?

What simple step can I take to protect my business, and my personal assets as well?

SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS

Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.

How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?

Follow EXAMPLE 2 below:

EXAMPLE 2

ABC CORPORATION, INC.

(signature)
———————————–
BY: John Doe
President (Company Title)

If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.

But you MUST follow the Example 2 precisely.

CAVEAT: Another very important point on this topic.

AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.

A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.

How?

Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.

But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?

If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.

Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.

It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).

How else can I make sure that I am signing my name properly to all of my business documents?

Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.

Now, let’s review.

What’s in a name?

Well… besides your business…

…it could be all of YOUR personal and family assets!

The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.

Copyright (c) 2008. Miguel Mendez, Jr. All rights reserved.

Law

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Get Excellent Legal Representation by Hiring a professional and Reputable Employment Lawyer

October 12, 2023

Determined and skilled individuals can achieve great success in the bustling place just like New York City if they definitely work hard. The competition in this city is tight, but individuals take it positively and make all of the effort to do more. Nevertheless, daily, legal battles are happening in the Big Apple. Legal complaints are normally about employment concerns, and to acquire a reputable employment lawyer is very critical./p>

Nearly all companies are backed up by a team of lawyers who are eager to battle staff with employment-related concerns at court. Alternatively, employees also have rights under the law. Employers could possibly violate your rights. If this happens, then be sure to acquire expert advice from a NYC employment lawyers. Legal actions must be taken when disputes occur since your odds of winning the case gradually decrease every time you delay your actions.

Usually, people have beliefs with regards to hiring employment attorneys. They believe these professionals are only needed when filing a lawsuit. People should bear in mind that filing for a lawsuit calls for a lot of effort, finances and time. That is precisely why if it is still probable to solve the dispute before it becomes a full-blown legal battle, it is advisable to enter in an out of court negotiation with your employer first. You will be assisted by a NYC employment attorney throughout the process. This is to ensure that the result of the negotiation will be favorable on your part.

If you feel there is already a predictable result on the settlement and it will lead to a lawsuit, then it would be better for you to prepare and see to it that there’s an employment attorney to assist you. You will see employment laws actually complicated, and there are amendments done frequently. If you make a mistake with your actions, then you will definitely acquire a lot more problems as there are lots of legal loopholes as well as traps you will come across. For that reason, make it certain that your lawyer is focusing on employment and civil litigation law, for you to get the problem solved efficiently. Trustworthy and veteran NYC employment lawyer is the right option when it comes to offering clients a better outcome of their case.

Regarding legal assistance, the extensive legal expertise of New York employment lawyers is just what small businesses and non-profit organizations are after. The help of these brilliant experts presents entrepreneurs the confidence that they are abiding to all the rules of employment stipulated by the New York City government. Regardless of whether if it is a large or small firm, security standards and obligations must be maintained appropriately by employers. employment attorneys can also help you in drafting company policies. This assures its legality based from employment laws.

Perhaps you have no idea how or when to start on your move, just like other folks. Fortunately, employment lawyers NYC are always accessible; you could get started through providing them a phone call. By telling them your situation and the whole truth, they will know the best ways regarding how to deal with your problem. Lastly, the employment attorneyis competent enough in laying down best methods to aid resolve your legal concerns efficiently and successfully.

Hopefully you have learned a few things about Employment Lawyer Nyc. Indeed, that is the chief reason why this write-up exists. Just make sure to visit http://www.youngandma.com especially if your purpose is to obtain additional facts with regards to Employment Lawyers.

Law

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Federal and State Labor Law Posters for Employers and Justice

September 24, 2023

If we see now the authorities have made these federal and state labor posters compulsory for the businesses. These federal, state and OSHA posters come together in fact it merge OSHA posters with the federal ones. It makes bit easier to fulfill and bring calmness to the mind. In Florida the labor posters come up because the work force asked the authorities to give them better rights and protection to their rights, so thing can go fine for them on work place. It happens because the demands of the owners to limit the rights and powers of the work force, in most of the companies they wanted to keep the costs price normally low by doing this. Thats why authorities have made and brought these federal and state posters up enough to protect the workers rights, so that they have better earnings, managerial bodies, and health, safety and equal chances circumstances. They have need of a lot more than these. The trade unions working for workers in the organizations basically exceeding industrial clashes, and helping to increase the political supremacy which is opposed by most of the employers and owners.

As far as wages are concern there are many laws which are stating that an employee must get a minimum wage according to his work per hour. This lowest limit of wage is often different from the lowest wage which is considered by the employers in the market. In Florida these law posters require some parameters such as minimum wage, child labor, workers’ reimbursements, etc. The anti-discrimination is against the work force, and this is totally illegal and unlawful and morally unacceptable as well. These federal and state posters make sure that no employer can fire any employee with out any reason; they can only do this when there is a genuine reason. The work force must be allowed to defend their self before they get fired. They have their legal privileges which facilitate them to come up and defend them selves against the allegations. And authorities make sure that they are judged honestly and fairly.

Most of the time just because they are the minorities, such people are hassled not to defend their selves. If we talk about child labor, it also considered as an illegal act by the law. This child labor law is exploited in most of countries at the international level. The main and the basic purpose of these federal state labor law posters are to protect the right of the employees and deal with such obligations. Florida labor law poster deals with the lawful privileges of the employees and the limitations on the people and working of the organization. It is such an authoritative body that can address rules and regulations, standards and managerial rulings of the rights of the workers. It actually, acts as its going between the aspect of the relationships of the trade unions, work force and the employers. Basically the labor laws are more concerned with the employees’ legal rights. The labor law is helpful for the enacting laws shielding their rights for centuries. These are essential towards the economic and social development.

Law

K2 Legality

September 16, 2023

Even though K2 products do not contain any controlled substances, many states have already adopted legislation making the same laws that apply to marijuana or other controlled substances also apply to K2 products. Those states that have adopted legislation making K2 illegal are Kansas, the first state to ban K2, Iowa, Missouri, Arkansas, Kentucky, Alabama, Michigan, and Illinois (K2 will remain legal in that state until the end of 2010.) So, this means that in the other 42 states, K2 is still legal.

Many people question why K2 legality should even be an issue. After all, as has already been mentioned, there are no controlled substances in K2 like there are in marijuana and other drugs that are considered illegal. Except for those K2 products which do have synthetic chemicals added to them, the herbs and botanicals found in them are natural. The herbs are the same as those cultivated for use in a home or restaurant kitchen, or that grow wild. The same holds for the botanicals-which is just a “dressed-up” word for plant parts. The plants that are chosen to be combined with the herbs grow naturally indifferent parts of the country or the world.

It is known that some herbs and plants have medicinal properties, and some do contain natural substances that may have an effect on some people. For example, an herb with the very descriptive common name of “Horny Goat Weed” comes from China. Its real name is Epimedium. The Chinese have long believed this plant has aphrodisiac properties. One type of K2 product, SolidSex, has this plant in it, along with herbs and other plants.

Another thing that may have some people wondering about the K2 legality issue is the intended use for K2 products. K2 manufacturers make K2 products for use as incense. The products are intended to be used in incense and potpourri burners or otherwise heated in a safe manner until the aroma and essences of the herbs and botanicals can be detected.
Now, it is true that heating K2 incense products will also release any synthetic chemicals that were added to the natural herbs and botanicals. And, some people maybe affected by these chemicals. However, they may also feel the effects of any natural essences that can be found in certain plants, such as Horny Goat Weed.

Perhaps the best way to approach K2 legality issues is by doing so the same way that any issues would be considered. If K2 has been made illegal in your state, but you still wish to use it then you will have to think about whether the risk of being caught inpossession of K2 incense will be worth it.

If you live in one of the states that have made K2 smoke illegal, you probably know you canorder it online from the privacy of your own home. If you buy k2 and only use when you are in the privacy of your home or at someone’s home to which you have been invited, and do not go out in public if you are feeling any effects until they have completely worn off, you should not have any problems.

In those states where it is still legal to purchase, possess, sell, distribute, and use k2 incense, then you know that not only can you purchase it online, you can also buy it incertain retail outlets. That’s because it’s an incense product, just like the incense you buy at other places. You should still, however, only use K2 incense at the right time (when you have taken care of all obligations and responsibilities) and in the right way (as incense only.) Again, if it does affect you, you should not drive or operate heavy machinery, and you should remain where you are until all effects have worn off.

Law

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Are Steroids Legal In Europe

July 31, 2023

If you would do a search on Google about the legal implications of steroid usage, possession, and selling, you will find that many people are interested in keeping steroids legal in Europe. Mostly, the discussion that revolve around the usage of the drug are from body builders, muscle men, and fitness fanatics. However, there are also several people who want to know about medical uses and other legalities of steroids, specifically anabolic steroids.

So, in a nutshell, are steroids legal in Europe? The answer is: it depends on how you use the substance. As it has been established before, steroids have many beneficial uses for persons suffering from specific medical conditions. In the case of the medical field, a patient may only use anabolic steroids or may possess anabolic steroids if he or she is granted a prescription by his doctor. As in countries like Portugal and the United Kingdom, one can get arrested for possession and using anabolic steroids without consent by a medical professional.

Although there have been news on widespread steroid production and usage in Asian nations like Thailand, India, and Pakistan, there are still comparisons and critics on making steroids legal in Europe. According to many internet sources, Europe In a report by Gunnar Hermansson of the Stockholm Police, the illegal trade of anabolic steroids in Europe is rampant, and as of the year 2002, the problem has not showed any signs of slowing down. Statistics are increasing by the year. Some examples of names of steroids from Europe, as reported in his publication, were stanozolol from Spain, nandrolone from Greece, and methandienone in Poland and Romania, to name a few. These products were manufactured for legal use in the medical field, but some forms of the drugs have found their way into illegal trade.

If you are thinking about traveling to Europe and are intending to use steroids for medical purposes or for reasons of exercise and body building, then you should consult with a medical professional in the country you are to visit. Take note that policies regarding these drugs can vary from country to country.

Law

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