The Court of Appeal has given further clarification on breach of trust claims brought against solicitors by lenders. In AIB v Mark Redler & Co, the solicitors were negligent in acting for AIB on a remortgage advance of £3.3 million. The solicitors had failed to obtain a redemption figure for the borrowers’ second loan account with Barclays who had a first legal charge on the property. Instead of paying some £1.5 million to Barclays to redeem the charge, the solicitors only paid £1.2 million for the redemption of the first loan with the balance of the proceeds going to the borrowers. As a result, AIB only had the benefit of a second charge. The property was subsequently repossessed. The borrowers were made bankrupt resulting in substantial losses for the lender.
AIB argued that the solicitors were also in breach of trust due to the failure to obtain a first legal charge for AIB and that the solicitors were obliged to repay the full amount of the advance. The Court of Appeal rejected this argument on causation grounds. If they had been no breach by the solicitors, AIB would still have gone ahead with the transaction and would have still made the same losses, the only difference is that they would have additional security of around £300,000 being the amount of the second loan and therefore the equitable compensation for breach of trust was limited to this amount.
The Court of Appeal has also stated that on a remortgage, solicitors are in breach of trust unless they obtained a redemption statement from the existing lender and a suitable undertaking. In cases where the existing lender is not legally represented, an unconditional confirmation is required that the advance will be applied by the lender in redemption of its charge.
The AIB decision is significant in that it is a further illustration that lenders may not be in a better financial position in seeking to bring claims for breach of trust as opposed to claims in breach of contract and negligence where contributory negligence defences are available to the solicitors.
Guest post from London solicitors. For specialist criminal defence legal advice contact Lewis Nedas Law’s tax defence lawyers – visit their website here: http://lewisnedas.co.uk
The announcement followed hard on the heels of a speech by Keir Starmer, the Director of Public Prosecutions (DPP), in which he promised to continue cracking down on the practice.
Tax evasion v tax avoidance
Instances of both tax evasion and tax avoidance have been in the press recently. Starbucks and Amazon, for example, felt the wrath of the British media when it was revealed that they were, quite legitimately, paying minimal tax in the UK, despite earning massive profits.
This is tax avoidance, described by HMRC as using the tax law to get a tax advantage that Parliament never intended. It is legal, but often involves contrived artificial transactions that serve little or no purpose other than to produce a tax advantage.
Tax evasion, on the other hand, involves fraud or deliberate concealment, and is a criminal offence. Numerous cases have hit the headlines recently, and HMRC has added to growing awareness of the issue by publishing pictures of thirty of the most prolific offenders on Flickr.
The Prime Minister’s pledge
According to Prime Minister David Cameron, tax evasion and tax avoidance is an issue whose time has come. Speaking at the World Economic Forum in Davos last month, he warned that governments need to act together to tackle the problem.
“This is about me and all the other G8 leaders being able to look our people in the eye and say that when they work hard and pay their fair share of taxes, we will make sure that others do as well,” he said.
HMRC actions
Back home, there are clear signs of a focused approach to tax evasion.
HMRC recently launched a national publicity campaign to increase awareness about tax evasion and the actions that the Revenue is taking to detect it.
These include plans to increase specialist staff levels by 2,500 by 2014-15; improve the detection of high-risk cases through the use of new technology; make more use of offshore agreements with other tax authorities; and continue using specialist regional taskforces to deal with high-risk sectors.
The approach of the DPP
On the criminal justice side, DPP Keir Starmer set out his approach to tax evasion in a recent speech, highlighting the boost given to the fight against tax evasion by the creation of the Central Fraud Division within the Crown Prosecution Service (CPS).
Looking ahead, he predicted that extra funding will result in an increase in the number of cases that are referred to the CPS by HMRC. He expects up to 1165 non-organised tax fraud cases to be referred in 2014-15 – up from 565 cases in 2012-13. In addition there will be a significant number of cases relating to organised criminal gangs.
Starmer also highlighted a recent first – the successful prosecution of a case relating to the creation and operation of a dishonest tax avoidance scheme, and the subsequent imposition of a significant custodial sentence – as a sign of the growing effectiveness of the fight against tax evasion.
“No scheme is too clever or complex to be detected, to be put before a jury and to be found to be illegal,” he warned.
Even if you have been injured in an accident from the fault of an individual driver, there may be other factors in play that could have contributed to your auto accident. Other parties that may be at fault include the following.
The owner of the vehicle – The driver of the vehicle may not necessarily be the owner of the vehicle. Employees driving company cars or parents of a teen driving the car that was involved in the accident may be held accountable in the event of an accident.
Employers – When an accident occurs on the road and it stems from negligent behavior of an employee driving an employer’s car, then the employer may be held responsible. In certain situations, a parent company could be at fault. Talk to an auto accident attorney about who may be held responsible if you have been involved in an accident.
Car manufacturers – Sometimes accidents happen and it’s not necessarily the fault of any driver. Negligent design or faulty equipment and parts could be the root of an auto accident. When a car leaves the manufacturer and is put on the street, there should be no problems in how the automobile operates. When brakes fail or if an airbag doesn’t deploy properly which causes preventable injuries, the manufacturer of the automobile may be held liable.
Get the facts from a professional accident law firm when it comes to holding parties responsible during an auto accident. Your injuries and the price you may have to pay should not come at your expense, but at the expense of those at fault.
Why Juvenile Probation is More Effective than Incarceration
It’s a sad truth that criminal offenders are getting younger each year, putting more of a strain on the legal system than at any other time in history. Probation is often the sentence handed down for many of these young criminals. Sentencing youthful offenders to probation instead of incarceration typically offers more benefits, both to the legal system and to the offender.1.Education
Children who are placed on probation are still able to fulfill the obligations of their education. Rather than being placed in a juvenile facility, these children remain in the community and attend school without interference. In fact, a condition of probation is often regular school attendance. Furthermore, children on probation must not get into further trouble while in school. This structure is often enough to encourage young offenders to get back on track. Consequences to missing school or bad behavior are clearly laid out in the probation contract; these missteps often lead to the handing down of further, more stringent punishment by the court.
2.Resources within the Community
Once placed on probation, young people have access to community resources that they may not otherwise have been aided by. These children may be required to attend substance-abuse treatment, mental health counseling or participate in volunteer activities that will benefit the community. As a part of sentencing, these resources are often free to the family of the offender. This can be an important component in the rehabilitation of the child, particularly if the family is not financially able to help their child.
3.Family Support
Families often struggle to deal with children who break the law, participate in undesirable activities, or otherwise disrupt the community. Once a child is placed on probation, the juvenile probation officer will work with families, giving them the knowledge and tools necessary to help rehabilitate their child. Families will gain access to support groups and necessary resources that will help ensure the betterment of both their child and the family unit.
4.Advocates
For some children, strong familial support is lacking. Once these children break the law and are placed on probation, they are assigned a court-appointed advocate. This person will stand for the juvenile, attending court hearings, helping move the child through their court sentence, and acting as a mentor to the offender. Many juveniles benefit from having a positive role model in their lives; an advocate can provide the stability so often absent in the lives of these youthful offenders.
5.Scared Straight
While it may seem an unfortunate thing to have happen, being placed on probation can often be a blessing in disguise. For some young people, it only takes one trip through the legal system to turn their lives around. It is for these children that probation is most often effective. For children that are mentally immature, this wake-up call can be the necessary occurrence that stops their behavior before it spirals out of control.
While there are those people that feel probation is too lenient for many young people, its effectiveness has been proven time and again. Rather than incarcerating children, probation gives offenders an opportunity to maintain a normal lifestyle while remaining accountable for their actions.
Chantel Leck is an avid blogger. If you have in interest in helping troubled youth, pursuing a criminal justice online degree can offer a career helping juveniles head down the right path.
Guest legal blog post regarding directors’ duties under the Companies Act 2006 in the UK.
Directors are open to claims for breach of duty and sanctions such as disqualification from office or a criminal offence if they are not familiar with their duties under the Companies Act 2006 (the “Act”) which codifies the duties of directors.
A director’s principle duties are as follows (subject to permissible amendments made to the company’s constitutional documents):
Duty to Exercise Reasonable Care, Skill and Diligence (Section 174)
This duty is related to a director’s liability for wrongful trading and whether a director can be held liable for wrongful trading is measured by: (i) comparing a director’s actions with the standard expected of a reasonable director in the same role; and (ii) considering the director’s own knowledge, skills and experience. In the event of a breach of this duty the most likely remedy for the company is damages.
Duty to Promote the Success of the Company (Section 172)
The duty to promote the success of the company requires a director to act in a way that is in the best interest for the company as a whole. This duty requires a director to have regard for the following (which is a non-exhaustive list):
- The long term consequences of any decision
- Employee’s interests
- The company’s relationships with stakeholders
- Impact on the community and environment
- Maintaining a reputation of high standard
- The need to act fairly between members of the company
Duty to Act within Powers (Section 171)
This duty simply requires a director to act in accordance with the company’s constitution including compliance with any resolution or other decision made in accordance with the constitution.
Duty to Exercise Independent Judgement (Section 173)
The duty to exercise independent judgement does not preclude a director from obtaining professional or other advice but the director must ensure that any decision is made based on his or her own judgement.
Duty to Avoid Conflicts of Interest (Section 175)
The nature of this duty is axiomatic; directors must avoid situations where they have or can have either a direct or indirect conflict with the company’s interests without disclosure to and authorisation from the company.
Duty not to Accept Benefits from Third Parties (Section 176)
This duty essentially prevents a director from making a secret profit occasioned by being the director of the company. It does not apply where accepting a benefit involves no conflict of interest.
Duty to Declare Any Interest of the Director in a Proposed Transaction or Arrangement (Section 177)
A director is required to disclose the nature and extent of his or her interest before entering into a transaction. This duty is not binding where there cannot be a conflict of interest or where the other directors are aware (or ought to be aware) of the director’s interest.
If you would like further information on either company law or director’s duties then you should speak with a commercial or corporate law firm whose business lawyers will be able to advise further.
If you’ve been asked to consider entering into a compromise agreement then you may have certain demands of your employer – one of these may be, for example, continued use of your company car after your employment ends (whether temporarily or permanently). In this post we’ll look at what a compromise agreement is, what forms of benefit you can expect under a compromise agreement, and whether you can use your company car after you’ve signed your compromise agreement. We’ll do so in the following order:
- What is a compromise agreement?
- What forms of benefit can I receive under a compromise agreement?
- Can I use my company car after I’ve signed a compromise agreement?
What is a compromise agreement?
A compromise agreement is a form of contract regulated by statute. It allows an employer and an employee to settle a potential or existing dispute, with the employer offering some form of benefit (whether this benefit is financial or non-financial) in return for the employee agreeing to waive certain (or all) of their rights against the employer (such as the right to make an unfair dismissal claim). The employee should be informed by the employer that they should receive independent legal advice from a relevant legal adviser. The employer will normally contribute towards the cost of obtaining legal advice (in the range of between £250 and £600).
What forms of benefit can I receive under a compromise agreement?
Broadly put, you can receive either financial or non-financial benefits under a compromise agreement. Financial benefits could include notice pay (or pay in lieu of notice), redundancy payments, holiday pay, compensation for the termination of your employment, or the continued use of contractual benefits (such as medical insurance, the use of a company car, or the use of company equipment such as a mobile telephone or laptop computer). Non-financial benefits include such things as particular agreements to confidentiality or the provision of an agreed reference to potential future employers.
Can I use my company car after I’ve signed a compromise agreement?
If you already enjoy the use of a company car under your contract of employment you can agree with your employer under the compromise agreement an extension of the time period under which you’re allowed to use the company car. This arrangement can be either temporary or permanent (it’s more frequent for it to be a temporary measure). However, you should bear in mind that the provision of a contractual benefit such as this is taxable and you should therefore be careful for this eventuality to be covered in the terms of the compromise agreement.
London Compromise Agreement Solicitors are settlement agreement solicitors based in the City of London.
Famous people with law degrees are a dime a dozen. It turns out that most Presidents of the United States, many other politicians and quite a few unexpected celebrities have suffered the rigors of law school and managed to pass the bar exam, albeit some of them had to try several times!
This isn’t an article about them. Instead, this is a list of five famous lawyers in recent memory who actually practiced law. Some of the names won’t be familiar to anyone outside the profession, but all of them are renowned for the cases they worked on, their skill as litigants and their dedication to clients.
Christopher Darden
His name might not be familiar, but many Americans would quickly recognize his face. Darden was an award-winning deputy district attorney for Los Angeles County a total of 15 years. During this time, he prosecuted a total of 27 murder trials, including his service as co-counsel during the O.J. Simpson trial.
Darden has appeared as a guest commentator on nearly every major television talk and news show. He is now a criminal defense attorney in California. He is a popular lawyer in certain circles with the defense and prosecution of over 1000 marijuana cases under his belt!
Jan Schlichtmann
If you’ve been poisoned or injured due to pollution or some other form of corporate negligence, this is one attorney you certainly want on your side. Jan Schlichtmann is a toxic torts and consumer protection attorney who was portrayed by John Travolta in the movie A Civil Action. He is currently engaged in a case against a large debt collection agency, but his primary field is environmental law.
Sarah Weddington
After playing a pivotal role in one of America’s longest standing divisions, Sarah Weddington went on to serve three terms as a representative in the state of Texas. This popular lecturer was an assistant to Jimmy Carter and the first woman to serve as general counsel for the USDA. Sarah got her start by successfully representing Jane Roe in the landmark Roe v. Wade.
Shawn Holley Chapman
Like Darden, Chapman got her start working in the Los Angeles county criminal courts. However, she worked as a public defender. She has taken over 60 criminal and civil cases to litigation, including her role on the O.J. defense team. She has represented Axl Rose, Michael Jackson, and Black Panther leader Geronimo Pratt. Chapman is a popular legal analyst on national television.
Morgan Chu
This winner of the UCLA Medal and the Chambers Award for Excellence remains unknown to most Americans, but his work has certainly affected the world. Morgan Chu received advanced degrees from Yale, Harvard and UCLA before making his name as an intellectual property lawyer. He is an opponent of the death penalty and serves as a board member for the world’s largest pro bono law firm.
Whether it’s securing $1 billion verdicts large corporations, prosecuting murderers or defending the poor, these lawyers are among the best litigators in the world. Most aren’t celebrities by any stretch of the imagination, but each has changed the practice of law.
Sylvia Rowe writes for law blogs. Interested in advancing your law career? You may want to consider pursing an llm degree.
In this post we’ll take a look at the potential offences that may be committed by a director if they engage in the management of a company when they are under a bankruptcy order. We’ll therefore look at the following elements:
- When may a director be disqualified from taking part in the management of a company?
- What are the consequences if they breach this disqualification?
- What is the potential sentence if a director is convicted under the CDDA 1986?
- What should you do if you’re charged with an offence under the CDDA 1986?
When may a director be disqualified from taking part in the management of a company?
Under sections 11 and 13 of the Company Directors Disqualification Act 1986 (“CDDA 1986″) a person may be disqualified from taking part (directly or indirectly) in the management, formation or promotion of a company at a time when he is either:
- Undischarged bankrupt; or
- A bankruptcy restriction is in force in respect of him
What are the consequences if they breach this disqualification?
If a person breaches the provisions of sections 11 and 13 of the CDDA 1986 then they may be liable to the following (depending upon whether the case is tried in the Crown Court or the Magistrates’ Court):
- On conviction on indictment: to imprisonment of not more than 2 years or a fine, or both; and
- On summary conviction: to imprisonment for not more than 6 months or a fine not exceeding the statutory minimum, or both
It’s no defence for a person to state that they were not aware that they were breaching their disqualification order (for example, because they didn’t know of the existence of the order or they thought the order had lapsed) – liability is strict (which means that their intentions didn’t matter). Although a disqualification order prevents persons from getting involved in the management of a company, they should also be careful that they don’t advise on financial matters of the company or on such things as a company restructuring – this would still render them liable under the CDDA 1986.
What is the potential sentence if a director is convicted under the CDDA 1986?
If a director is convicted under the CDDA 1986 (as above) then they can receive a sentence of up to two years in prison or a fine (or both) if convicted on indictment or they may receive a sentence of up to six months in prison or a fine (or both) on summary conviction.
What should you do if you’re charged with an offence under the CDDA 1986?
If you’re charged with an offence under the CDDA 1986 then you should take advice from a criminal defence solicitor (you may also wish to consult anemployment law solicitor) – the potential repercussions of such a charge are serious.
Criminal Defence Solicitors are criminal defence lawyers based in the City of London.
Chancellor George Osborne’s initiative announced at the Conservative Party Conference earlier this month would allow employees to swap some of their employment rights for shares in the company they are working for. Mr Osborne announced that if deemed effective, the policy would be implemented by April 2013.
In a nutshell, employees would create a hybrid employment contract – exchanging their rights such as flexible working, redundancy pay and cover for unfair dismissal for shares in the business, ranging from £2000 to £50,000. As an added incentive, Mr Osborne announced that the shares would also be exempt from Capital Gains Tax.
There has been much controversy in the national press regarding the issue. Many opinions so far have taken an economical or financial angle, as well as criticism based on workers’ rights. As the owner of a firm of solicitors in Norwich specialising in employment law, I’d like to put forward some of my opinions, taken from an employee’s point of view.
Freedom In Employment Contracts Is Nothing New
Firstly, these sorts of hybrid arrangements are actually nothing new in the employment law world. There is no set employment contract that all employees must sign. Obviously there is EU legislation and The Equality Act in place that any employer must abide by, but the arrangements surrounding flexible working, redundancy pay, maternity or paternity leave can be made however is agreed by the employer and the employee.
Employers can already offer an employee any type of contract they wish, so long as it does not conflict with human rights or EU legislation. If the potential employee does not agree to the restrictions of the contract, they can choose to either negotiate different terms or refuse the job.
It is very common for new businesses to offer similar arrangements to employees, sometimes also with an equity share. For example at mySolicitors firm in Norwich , Philip Bazley, head of our wills and probate department, is a partner with equity share in the company.
The John Lewis Partnership
The most high profile example, and a fantastic demonstration of shares for employees is that of the John Lewis Partnership. All employees are essentially partners in the company and reap the benefits of yearly bonuses. Therefore, all members of staff are highly motivated to go above and beyond because by doing so they can earn more money. I think we are all in agreement that in general the customer experience offered by Waitrose is noticeably of a higher level than that of some of their competitors. In this instance however, unlike the new proposal offered by Mr Osborne, they do not lose any of their employment rights.
The idea behind giving employees shares is that they will be happier – feeling more like part of a team and receiving more money, while the employer benefits from harder workers, increased customer experience and more sales as a result. I would hope that George Osborne’s policy would incentivise more employers to follow this example to the benefit of all.
Benefits For Employees
While at first glance it may appear that employees are giving up their statutory rights, they will still be protected by English and European Law – for example they will never have to lose the right to equality in the workplace.
Employees in start-up businesses will be able to benefit from increasing dividends as the business grows. If the start-up fails, there is no loss to the employee other than the loss of their shares which they would not have had otherwise.
It has also been reported that employers will be able to give back rights to employees if they wish to. While I do not have the actual details of how employers will decide which employees have their rights reinstated, in theory a worker could receive both shares in the company and also their right to redundancy pay. This opens up negotiations between employer and employee to the point where both parties are happy. Currently, in many instances, employees simply accept the contract they are given without any negotiation of what could be flexible.
Risks For Employees
With unemployment figures the way that they currently are, there is an argument that some people could feel pushed into contracts they are not wholly happy with. An unemployed person who desperately needs a job but without many job offers may feel pressured to take a contract in which they give up rights in exchange for shares in the business, because otherwise they have no option but to refuse the job and remain unemployed. It gives employers more control over who they hire and how that person will work for them.
Accountants have also warned that there is a tax loophole for large earners in bigger companies whereby they have more to gain from the Capital Gains Tax relief. This could add fuel to the fire in the current political discourse about policies favouring the rich becoming richer.
However, there will always be bad employers unfortunately – this policy is not going to change that or make it worse.
Agency Workers
Agency workers in the UK have very few rights other than those covered by EU and English law. People working under agency contracts are therefore worse off than any employee as they do not have the same employment rights and would also not be offered shares in the company. The same goes for interns – a subject around which there was also a large amount of controversy last year. Could this policy mean that we start to see a rise in the numbers of agency workers?
Current verdict
Overall, I am all for new ideas that benefit employees, business growth and the economy and I think it is very important to explore ideas such as this before launching it.
In the case of bankers’ bonuses, this scheme would be perfect as employees would be working towards the long-term gain and performance of the company rather than to short-term targets so that they can receive inflated bonuses. On the face of it, I think that the scheme would be beneficial to both small and large businesses – the former having more confidence to employ new workers and the latter being able to better incentivise and bring together their team.
The intention of the scheme is to improve buy-in from employees and also ease the strict employment law that can sometimes limit smaller businesses, however until all of the details of the new policy are laid out, we cannot know whether the rights of the individual workers will be protected enough and that loopholes will not be exploited.
Before it can go ahead the policy must first go through Parliament and the House of Lords and I would be very doubtful of it being passed without the current criticisms being ironed out.
Guest blog post from Gibson Kerr’s executry solicitors based in Edinburgh, Scotland about winding up an estate.
Executry, intestacy, confirmation: big words that make the process of winding up a loved one’s estate just that bit more daunting. But don’t let the legal jargon put you off. The process it describes is, at its heart, pretty straightforward.
The basic process
Put simply, when a person dies, he is still nominally the owner of all his possessions – and his debts. No one else, unless the items were owned jointly, has the right to use, sell or dispose of those possessions.
Procedures have therefore been developed that give another person authority to deal with all the assets or debts of the deceased person.
That person, known as an executor, has to work out what the deceased actually owned, and how much it was worth. He has to gather everything in, pay off all the debts and any inheritance tax, and only then can he transfer what is left to the people who are entitled to it – the beneficiaries.
Is there a will?
The whole process hinges on whether or not there is a will.
It makes things much simpler if there is a will, because it appoints the executors and also lists the beneficiaries as well.
If there is no will, then an executor needs to be appointed by the court, and the beneficiaries identified. In this case the question of who is a beneficiary depends not on what the deceased person wanted, but on who the law says the beneficiary should be.
Inventory and valuation
The next step is to find out how much the deceased person owned, and owed, at the time of his death.
The executor – or more usually his solicitor – makes an inventory of the debts and assets owned by the deceased, listing things such as the house, mortgage, shares, bank accounts, cars and other property. The executor then finds out how much these are all worth.
This can, unfortunately, take a bit of time, as it can take a while for the banks and financial companies to get back in touch with a figure.
Confirmation or probate
The executor then has to be given official authority to deal with all the assets. This is called ‘confirmation’ (or in England, probate), and is granted by the local Sheriff Court.
Confirmation is a legal document that entitles the executor to sell or otherwise dispose of the assets listed in the inventory. Without it, the executor can do nothing, unless the estate is a very small one.
Distribution
Once the assets are in, the executor can then begin distributing them – paying off the debts and transferring the remaining money and other assets to the beneficiaries.
Detailed accounts are kept, and have to be approved before the final distribution is made.
Although generally straightforward, it is a time-consuming process, which usually takes between six months and a year to complete. Very large or complex estates can take a lot longer, however.
Registering a business in Thailand is governed by Thailand Foreign Business Act B.E. 2542 (FBA) which restricts foreigners to a maximum of 49% of the issued capital in most business operations (other than manufacturing).
According to the Foreign Business Act, business activities are generally divided into 3 types:
List 1: Business Not Permitted to Foreigners
List 2: Business Permitted to Foreigners under Conditions
List 3: Business Not Yet Permitted to Foreigners
List 1 is strictly prohibited to aliens. In order to be authorized to exercise a business under List 2 and List 3, wherein the company’s majority of shares are held by foreigners (it means that a foreigner owned more that 50% of the share equity of the business), you have to apply for a Foreign Business License (FBL).
Foreign Business License (FBL)
This license will allow a foreigner to set up business in Thailand where majority of the owners are foreigners.
To be granted a Foreign Business License, the official of the Ministry of Commerce will review if:
- Your proposed business could not be competently carried out by a majority Thai-owned company;
- It is not contrary to Thailand’s safety, security and stability, good morals or public order;
- It is beneficial to Thai economy (which will be depend on how the business affects the natural resources, social development, conservation, energy and environment, consumer protection, size of the enterprises, employment);
- It is beneficial in terms of technology transfer, research, and development;
- It provides significantly more benefits and protect and promote Thai interest.
- The initial minimum capital requirement has been satisfied. Under foreign business license it shall be either THB 3 million or 25% of the annual expenditure projection of the business for a period of 3 years, whichever is greater;
- The number of foreign directors who shall have domicile in the country;
- The ratio between capital and loan to be used to finance the business.
Process
1. Get the Foreign Business License application form from Commercial Registration Department.
2. Prepare your company corporate documents.
Your company corporate document needs to be notarized, all foreign document (such as power of attorney; affidavits) needs to be certified by the Thai Embassy before filing to the local foreign ministry. You can get assistance from a reputable law firm such as Siam Legal International, this could help you assure that your documents are in order.
3. File the foreign license application under the proposed name of your company. This will be reviewed by Cabinet or Foreign Business Committee.
By the Nair Law Office (US law and generally)
Probate is the first step in the legal process of administering the estate of a deceased person, with the sole intent to transfer a decedent’s assets to the rightful heirs and beneficiaries. The estate is examined by a judicial authority to determine how to distribute the estate after a person has died with or without leaving a will. In probate cases without a will, the estate is usually distributed to the person’s children and their spouse. Having a will will sometimes, but does not always prevent the estate from going through probate; laws vary state to state.
Probate and estate administration can be a lengthy and complicated process. Each party involved should have legal representation to protect their interests during administration. All heirs and beneficiaries need a legal advocate to ensure proper distribution of assets. Executor should consult with an attorney for legal assistance during probate proceeding to prevent a personal liability lawsuit. Probate attorneys have expertise in the following areas:
- Location of heirs
- Identifying debtors
- Paying taxes and debts
- Allocation of assets as determined by a will or legal proceedings
- Determining the validity of any disputes or litigation
- Representing underage children and deciding guardianship of minors
- Establishing guardianship of elderly and other disabled adults
- Legal assignments of conservatorships
Estates with assets over $10,000 will have an easier time distributing those assets if a will and trusts are already in place prior to the death of the estate owner. If no will is in place, the court will decide who inherits the estates assets. This process can take months or even years. If you are an heir or beneficiary of an estate without a will, an attorney can provide the best representation in court.
Following the impact of Super Storm Sandy on the East Coast of the United States, which lead to massive power outages and widespread gas shortages lasting for several weeks in the New York and New Jersey areas, some government officials are considering legislation that would mandate the requirement of backup power generators at all gas stations.
Mandating the installation of backup generators at gas stations might just be a costly overreaction on the part of government bureaucrats who seem to have no empathy for the average gas station owner or businessperson. Purchasing backup generators are often prohibitively costly not only for the limited amount of use they will get but also take up valuable selling space and can even be a danger to the owner and his customers.
Initial Costs
No matter the application, backup generators will constitute a significant investment for the purchaser. This fact is doubly significant for a gas station owner who will, most probably, have to observe a wide range of regulations and obtain numerous permits. In addition to the actual purchase, monies will be spent on initial plans, yearly inspections and fines for any non-compliant issues. Many of these costs will be carried by the private gas station owner and not the gas supplying companies.
Space Constraints
Due to the traffic at the intersections of major streets and highways, these corners are very valuable real estate. Any gas station, located on one of these corners, either through rent or by servicing a mortgage is paying a very real price for every square inch of his property. As such, the station owner must plan to make every square inch pay and the installation of a backup generator likely was not accounted for in their existing plans.
Safety Considerations
All backup generators run on fossil fuel. As such, they can emit noxious and toxic gases if not properly situated. In addition, the permanent backup generators will most likely be housed in a confined area for better security. All these factors, however, add up to a safety hazard for the owner, his employees and their customers. There is simply no reason to subject people to these dangers when a perfectly good alternative exists.
A Better Solution
In the interests of not just being just negative, here is a far better solution to the problem of backup energy at gas stations: rental generators. They are highly reliable, incredibly powerful and eminently affordable. Simply put, they are the ideal solution for a gas station owner that has an emergency or temporary need for backup power generation.
The generator has been an integral and reliable source of power for well over a century. The intrinsic principles and technology are well understood and have been made readily portable. Portable or temporary generators are simply the best answer to any business, including gas stations that need reliable and affordable power at a moment’s notice due to an emergency situation or a short term power outage.
Brandy Armantrout, 32, an Oklahoma woman, has spoken out as one of the most recent victims of the drospirenone-containing contraceptive, Yaz. According to KFOR news report, the woman says she had to have her left arm amputated as a result of taking Yaz. Armantrout says she started taking the pill back in 2007. Last December, she began to feel tingling in her left arm. When she went to the hospital, she had to be treated for severe deep vein thrombosis or blood clots in her arm. She had no pulse in her wrist. She had to be hooked up on IVs. She says she felt her hand turning black and “dying.” Surgeons had to remove her arm above the elbow.
Devastating Injuries
The amputation was a devastating blow for Armantrout, her husband and 4-year-old daughter. She also found out after the amputation that she has no medical insurance coverage for prosthetics as Medicaid will pay for prosthetics for Oklahomans younger than 21 years old. A prosthesis could cost her up to $80,000. She has also reached out to the state Vocation Rehabilitation Services, which is helping her research ways to fund prosthetics that would work for her. She is moving ahead with a civil product liability lawsuit against Bayer, which manufactures Yaz.
Product Liability Issues
Yaz was the top-selling birth control pill in 2008 and 2009. Yaz’s sales have been affected after Bayer has been hit with thousands of lawsuits on behalf of women who have suffered serious, sometimes deadly, complications from taking the popular medication. Side effects range from gall bladder problems, stroke, blood clots and even death. In April 2012, Bayer announced that it had updated labels for its drospirenone-containing oral contraceptives including Yaz and Yasmin.
It is understandable that most medications – whether they are prescription or over-the-counter — have some type of side effects. However, when theYaz side effects involve long-term or catastrophic health problems or death, that is unacceptable. In this case, a young woman lost her arm. It left her disabled for life.
Anyone who has been seriously injured or has suffered side effects as a result of taking prescription or over-the-counter drugs can file a product liability claim against the manufacturer seeking compensation for damages including medical expenses, lost wages, lost future income, disability, permanent injuries, pain and suffering and emotional distress. Product manufacturers have a responsibility to consumers to test anything they put on the market to ensure that it is safe. Any side effects or potential hazards must be made known to the public so consumers can make informed decisions about their course of treatment.
The following article is brought to you by the Reiff & Bily Philadelphia product liability lawyers. If you have been injured by an unsafe product you are encouraged to contact an injury lawyer in your area and find out what your rights are.
The United States Consumer Product Safety Commission is an independent federal agency that exists to protect the public from unreasonable risks of injury or death associated with the use of the more than 15,000 kinds of consumer products sold under the agency’s jurisdiction.
The CPSC was formed by Congress in 1972 in correlation with the Consumer Product Safety Act to protect the public “against unreasonable risks of injuries associated with consumer products.” It is headed by five commissioners who are appointed by the President and confirmed by the Senate. The agency has two offices in Maryland and one office in China.
The CPSC exercises their methods of protection by developing voluntary standards with organizations, businesses and manufacturers. The commission must inform and educate consumers and manufacturers worldwide about the safety standards that they develop. They then research and test potential product hazards, and issue and enforce mandatory standards by banning and recalling products that do not comply. The CPSC is also responsible for arranging for repair, replacement and/or refunds of the products that they do recall.
The CPSC encourages consumers to report any safety concern through their website, telephone, fax or mail. The CPSC regards every concern with great importance, and agency staff reviews all complaints. If the reported product is investigated, a CPSC investigator will contact the concerned party and communicate with them whether or not the investigation called for a recall action will be taken.
Deaths, injuries and property damage from consumer product incidents cost the U.S. more than $900 billion every year, and the CPSC is committed to decreasing that rate. The agency has contributed to a decline in the occurrence of consumer product-related deaths in the past 30 years.
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