Family law refers to anything involving legal services that has to do with families. When people get divorced, they need to have the services of a family lawyer. This person helps them to divide the property fairly and settle disputes out of court of possible. Each spouse will need to have his/her own lawyer and the lawyers will deal with each other if the separation and divorce is not an amicable one. This eliminates the extra stress of having to argue things out in public.
Although some couples do not need to have two different lawyers because they agree to divorce and can solve the separation problems themselves. They only need to have a lawyer to make the divorce legal in court. However, if there are children involved family law looks after the children in deciding custody rights and the amount of payment needed by one of the parents to help pay the children's expenses. Family law is not just for divorces, though. It may be used by grandparents who want access to their grandchildren or if children have been taken illegally by one of the parents.
When dealing with family law, you will receive the same professional services as you would receive if you needed a criminal lawyer. Actually, family lawyers have been trained to deal with sensitive issues and are able to give you an unbiased opinion about the solution to the problem. A lawyer experienced in family law can help you in many ways:
? Explain how the courts work and help you decide which options are open to you.
? Advise you of your rights and the best way to deal with an issue
? Prepare the paperwork required and represent you in court
? Seek a court order that gives you physical protection, if this is necessary.
Family law is sometimes provided to low income families through legal aid services. You don't have to feel that because you don't have the money for a lawyer that you have nowhere to turn. Many of these lawyers also have an online presence and will answer questions for you without charge.
http://www.articlecircle.com/legal/family-law-involves-legal-services-that-has-to-do-with-families.html
Monday, August 6, 2007
All About a Mesothelioma Lawyer
When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition. The rate of this disease is on the increase and there are new lawyers that are trying to settle many cases for different people. They have stepped in for the rights of the people to help them with their case.
Many victims of this disease need to have a mesothelioma lawyer to help them with their fight. These lawyers and law firms will deal with the victims and their families to help them claim the right compensation that they deserve from the companies that are responsible for their problems. These lawsuits result in a lot of money being won by the families when the right lawyer or firm handles them.
Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.
Today there are many mesothelioma lawyers to choose from and there are many that are right for you. Many of these lawyers have dealt with this type of suit in the past and know the correct way to handle it. Those people that are looking for a lawyer should choose someone with a good history and experience in this type of case. Most lawyers are happy to provide clients with information that may be helpful in using them for your services. They will show past cases with the names deleted to show proof of their victory.
It is a good idea to find out if the mesothelioma lawyer that you are looking into has won any of their cases or not. These elements can make all the difference when it comes to trying to find the right lawyer to help you with your situation. It is a good idea to do as much research as you can on the entire situation. You may be able to determine your future when you choose their right mesothelioma lawyer for you and your case.
When it comes to being sick with a disease that could have been prevented, it is hard to deal with. Finding the right mesothelioma lawyer to help you in your fight against these companies is a good start. You will be fighting for something that means so much to a lot of people and it will be worth it in the end.
http://www.articlecircle.com/legal/all-about-a-mesothelioma-lawyer.html
Many victims of this disease need to have a mesothelioma lawyer to help them with their fight. These lawyers and law firms will deal with the victims and their families to help them claim the right compensation that they deserve from the companies that are responsible for their problems. These lawsuits result in a lot of money being won by the families when the right lawyer or firm handles them.
Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.
Today there are many mesothelioma lawyers to choose from and there are many that are right for you. Many of these lawyers have dealt with this type of suit in the past and know the correct way to handle it. Those people that are looking for a lawyer should choose someone with a good history and experience in this type of case. Most lawyers are happy to provide clients with information that may be helpful in using them for your services. They will show past cases with the names deleted to show proof of their victory.
It is a good idea to find out if the mesothelioma lawyer that you are looking into has won any of their cases or not. These elements can make all the difference when it comes to trying to find the right lawyer to help you with your situation. It is a good idea to do as much research as you can on the entire situation. You may be able to determine your future when you choose their right mesothelioma lawyer for you and your case.
When it comes to being sick with a disease that could have been prevented, it is hard to deal with. Finding the right mesothelioma lawyer to help you in your fight against these companies is a good start. You will be fighting for something that means so much to a lot of people and it will be worth it in the end.
http://www.articlecircle.com/legal/all-about-a-mesothelioma-lawyer.html
Do Not Be Pressured into Selecting a Personal Injury Lawyer Quickly
If you have a strong personal injury case, you will probably know it without even talking to a personal injury lawyer. However, without contacting a personal injury lawyer, you will have little chance of effectively advancing your case, which is why you must do this eventually.
One of the first things you will notice upon hiring your personal injury lawyer is that she will consistently try to make you feel like time is running out on your claim. They can make you think that if you do not claim now, then the window of opportunity is gone.
Do not allow a personal injury attorney to make you feel like the world is ending. You have the right to do things on your time, when you are ready. Although it is clear that a personal injury attorney can provide you with professional service, you have to also bear in mind that they are also running a business.
If you have consulted a personal injury attorney and they feel that your personal injury case has great potential to bring out a high outcome in compensation, then they will then put on the pressure. This is simply because they want your case; and they know if you feel like you have all the time in the world, you might get distracted with something else or opt for a different lawyer.
Although we might think that the personal injury attorney has our best interest at heart, they might actually out for the big payout. They, too, need the money to make a living out of being a personal injury attorney. And to the personal injury attorney, losing a case can mean money out of their pocket and to their competitors.
If nothing else, remember to be the keeper of your own time. Even though it is true that some personal injury cases can take time, you will still want to allocate your time where it is best spent: if a personal injury lawyer seems like a waste of time, do not continue to work with him simply because he tells you that you have no time left.
http://www.articlecircle.com/legal/national-state-local/do-not-be-pressured-into-selecting-a-personal-injury-lawyer-quickly.html
One of the first things you will notice upon hiring your personal injury lawyer is that she will consistently try to make you feel like time is running out on your claim. They can make you think that if you do not claim now, then the window of opportunity is gone.
Do not allow a personal injury attorney to make you feel like the world is ending. You have the right to do things on your time, when you are ready. Although it is clear that a personal injury attorney can provide you with professional service, you have to also bear in mind that they are also running a business.
If you have consulted a personal injury attorney and they feel that your personal injury case has great potential to bring out a high outcome in compensation, then they will then put on the pressure. This is simply because they want your case; and they know if you feel like you have all the time in the world, you might get distracted with something else or opt for a different lawyer.
Although we might think that the personal injury attorney has our best interest at heart, they might actually out for the big payout. They, too, need the money to make a living out of being a personal injury attorney. And to the personal injury attorney, losing a case can mean money out of their pocket and to their competitors.
If nothing else, remember to be the keeper of your own time. Even though it is true that some personal injury cases can take time, you will still want to allocate your time where it is best spent: if a personal injury lawyer seems like a waste of time, do not continue to work with him simply because he tells you that you have no time left.
http://www.articlecircle.com/legal/national-state-local/do-not-be-pressured-into-selecting-a-personal-injury-lawyer-quickly.html
Saturday, August 4, 2007
Disclosure in Criminal Proceedings
1 "Disclosure is one of the most important - as well as one of the most abused - of the procedures relating to criminal trials. There needs to be a sea-change in the approach of both judges and the parties to all aspects of the handling of the material which the prosecution do not intend to use in support of their case. For too long, a wide range of serious misunderstandings has existed . . ."
Disclosure: A protocol for the control and management of unused material in the Crown Court (20 February 2006 - Mr Justice Fulford and Mr Justice Oppenshaw et al).
2 The legal sources relating to disclosure can be neatly found in a variety of scattered sources:
i) the Criminal Procedure and Investigations Act 1996 as amended (the Act);
ii) the Code of Practice, issued under section 23 of the Act (the Code);
iii) Parts 25-28 of the Criminal Procedure Rules 2005 (the Rules);
iv) the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 issued under section 12 of the Act (the Regulations);
v) In addition, the Attorney General has issued Guidelines on Disclosure, which build on the existing law.
3 The correct test for disclosure will depend upon the date the relevant criminal investigation commenced:
i) In relation to offences in respect of which the criminal investigation began prior to 1 April 1997, the common law will apply, and the test for disclosure is that set out in R v Keane [1994] 1 W.L.R. 746; (1994) 99 Cr. App. R. 1.
ii) If the criminal investigation commenced on or after 1 April 1997, but before 4 April 2005, then the CPIA in its original form will apply, with separate tests for disclosure of unused prosecution material at the primary and secondary disclosure stages (the latter following service of a defence statement by the accused). The disclosure provisions of the Act are supported by the 1997 edition of the Code of Practice issued under section 23(1) of the CPIA (Statutory Instrument 1997 No. 1033).
iii) Where the criminal investigation has commenced on or after 4 April 2005, the law is set out in the CPIA as amended by Part V of the Criminal Justice Act 2003. There is then a single test for disclosure of unused prosecution material and the April 2005 edition of the Code of Practice under section 23(1) of the CPIA will apply (see SI 2005 No. 985).
iv) The CPIA also identifies the stage(s) at which the prosecution is required to disclose material, and the formalities relating to defence statements. The default time limit for prosecution disclosure is set out in section 13 of the Act. The time limits applicable to defence disclosure are set out in the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Regulations) 1997 (S.I. 1997 No. 684).
v) Regard must be had to the Attorney General's Guidelines on Disclosure (April 2005). Although these do not have the force of law (R v Winston Brown [1995] 1 Cr. App. R. 191; [1994] 1 WLR 1599) they should be given due weight.
vi) Part 25 of the Criminal Procedure Rules 2005 (see SI 2005 No. 384) sets out the procedures to be followed for applications to the court concerning both sensitive and non-sensitive unused material. Part 3 of the Rules is also relevant in respect of the court's general case management powers, and parties should also have regard to the Consolidated Criminal Practice Direction.
vii) Parts 22 and 23 of the Criminal Procedure Rules are set aside to make provision for other rules concerning disclosure by the prosecution and the defence, although at the date of this Protocol there are no rules under those Parts.
The Disclosure Protocol
4 The Disclosure Protocol is concerned with the management of issues relating to unused material in the Crown Court. Its main feature is a requirement for strict compliance with the disclosure provisions of the Criminal Procedure and Investigations Act 1996 ("the Act"), and the statutory Code of Practice laid under section 23 of the Act, where they apply to the proceedings.
The "overarching principle"
5 The overarching principle is therefore that unused prosecution material will fall to be disclosed if, and only if, it satisfies the test for disclosure applicable to the proceedings in question, subject to any overriding public interest considerations.
The test for disclosure
6 The House of Lords indicated in R v H and C [2004] 2 AC 134 paragraph 35 that:
"If material does not weaken the prosecution case or strengthen that of the defendant, there is no requirement to disclose it."
7 The protocol, consistent with the need for strict compliance with the Act, requires an end to free-standing orders for disclosure by judges otherwise than those properly made in the context of hearings conducted under section 8 of the Act and r25.6 of the Criminal Procedure Rules, following service of a defence
Conclusions
8 Disclosure is an area of constantly shifting ground with the establishment attempting to limit not only its application, but also the time dedicated in court to determining issues falling under its ambit. A good understanding of the legal sources of disclosure responsibilities proves invaluable in this ever changing environment.
http://www.a1articles.com/article_154411_18.html
Disclosure: A protocol for the control and management of unused material in the Crown Court (20 February 2006 - Mr Justice Fulford and Mr Justice Oppenshaw et al).
2 The legal sources relating to disclosure can be neatly found in a variety of scattered sources:
i) the Criminal Procedure and Investigations Act 1996 as amended (the Act);
ii) the Code of Practice, issued under section 23 of the Act (the Code);
iii) Parts 25-28 of the Criminal Procedure Rules 2005 (the Rules);
iv) the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 issued under section 12 of the Act (the Regulations);
v) In addition, the Attorney General has issued Guidelines on Disclosure, which build on the existing law.
3 The correct test for disclosure will depend upon the date the relevant criminal investigation commenced:
i) In relation to offences in respect of which the criminal investigation began prior to 1 April 1997, the common law will apply, and the test for disclosure is that set out in R v Keane [1994] 1 W.L.R. 746; (1994) 99 Cr. App. R. 1.
ii) If the criminal investigation commenced on or after 1 April 1997, but before 4 April 2005, then the CPIA in its original form will apply, with separate tests for disclosure of unused prosecution material at the primary and secondary disclosure stages (the latter following service of a defence statement by the accused). The disclosure provisions of the Act are supported by the 1997 edition of the Code of Practice issued under section 23(1) of the CPIA (Statutory Instrument 1997 No. 1033).
iii) Where the criminal investigation has commenced on or after 4 April 2005, the law is set out in the CPIA as amended by Part V of the Criminal Justice Act 2003. There is then a single test for disclosure of unused prosecution material and the April 2005 edition of the Code of Practice under section 23(1) of the CPIA will apply (see SI 2005 No. 985).
iv) The CPIA also identifies the stage(s) at which the prosecution is required to disclose material, and the formalities relating to defence statements. The default time limit for prosecution disclosure is set out in section 13 of the Act. The time limits applicable to defence disclosure are set out in the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Regulations) 1997 (S.I. 1997 No. 684).
v) Regard must be had to the Attorney General's Guidelines on Disclosure (April 2005). Although these do not have the force of law (R v Winston Brown [1995] 1 Cr. App. R. 191; [1994] 1 WLR 1599) they should be given due weight.
vi) Part 25 of the Criminal Procedure Rules 2005 (see SI 2005 No. 384) sets out the procedures to be followed for applications to the court concerning both sensitive and non-sensitive unused material. Part 3 of the Rules is also relevant in respect of the court's general case management powers, and parties should also have regard to the Consolidated Criminal Practice Direction.
vii) Parts 22 and 23 of the Criminal Procedure Rules are set aside to make provision for other rules concerning disclosure by the prosecution and the defence, although at the date of this Protocol there are no rules under those Parts.
The Disclosure Protocol
4 The Disclosure Protocol is concerned with the management of issues relating to unused material in the Crown Court. Its main feature is a requirement for strict compliance with the disclosure provisions of the Criminal Procedure and Investigations Act 1996 ("the Act"), and the statutory Code of Practice laid under section 23 of the Act, where they apply to the proceedings.
The "overarching principle"
5 The overarching principle is therefore that unused prosecution material will fall to be disclosed if, and only if, it satisfies the test for disclosure applicable to the proceedings in question, subject to any overriding public interest considerations.
The test for disclosure
6 The House of Lords indicated in R v H and C [2004] 2 AC 134 paragraph 35 that:
"If material does not weaken the prosecution case or strengthen that of the defendant, there is no requirement to disclose it."
7 The protocol, consistent with the need for strict compliance with the Act, requires an end to free-standing orders for disclosure by judges otherwise than those properly made in the context of hearings conducted under section 8 of the Act and r25.6 of the Criminal Procedure Rules, following service of a defence
Conclusions
8 Disclosure is an area of constantly shifting ground with the establishment attempting to limit not only its application, but also the time dedicated in court to determining issues falling under its ambit. A good understanding of the legal sources of disclosure responsibilities proves invaluable in this ever changing environment.
http://www.a1articles.com/article_154411_18.html
Patent Law Basics for the Non-Practitioner - Part I of IV: OVERVIEW
A patent is a property right granted by the government of the United States to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: "Congress shall have power... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Pursuant to this grant of power, Congress has from time to time enacted various laws relating to patents, now codified in Title 35 of the United States Code (the "Patent Law Statute"). These laws established the United States Patent and Trademark Office ("USPTO") to administer the law relating to the granting of patents. The USPTO is an agency of the United States Department of Commerce providing patent and trademark protection to inventors and businesses for their inventions and corporate and product identification.
It is at the heart of patent law to encourage invention by granting inventors a monopoly over new product designs or functions for a limited time until expiration of the patent, after which expiration the public is free to copy and profit from the invention. Qualitex Co. v. Jacobson Products Co, Inc., 514 U.S. 159, 164-165 (1995). The Patent Law Statute provides that "whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title." 35 U.S.C. Section 101. A "process" is explicitly defined as a "process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material." 35 U.S.C. Section 100. The term "machine" as used in the statute is the same as used in standard language (e.g.: a human-made system or device made up of fixed and moving parts that perform tasks). The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" refers to chemical compositions, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically all things that are made by man and the processes for making them.
Things which do not fall into one of the above classes of subject matter are not patentable. For instance, laws of nature and physical phenomena are not patentable subject matter. Furthermore, a patent cannot be obtained based upon a mere idea or suggestion. In other words, while a patent may be granted based upon a new process, machine, manufacture, or composition of matter, the mere idea or suggestion of the new process, machine, manufacture, or composition of matter, respectively, will not suffice. A complete description of the actual process, machine, manufacture, or composition of matter, respectively, is required.
Once issued, a patent grants the patent holder the right to exclude others from making, using, offering to sell, or selling the patented invention within the United States, or importing the patented invention into the United States, during the term of the patent. 35 U.S.C. Section 271. However, a patent does not grant the patent holder the right to make, use, offer for sale, sell or import the patented invention. For example, the issuance of a patent does not protect the patent holder from claims of infringement of the claims of other patents, the scope of which claims may include the patented subject matter.
A patent lasts for twenty years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the timely payment of maintenance fees. However, under certain circumstances, patent term extensions or adjustments may be available. U.S. patent grants are effective throughout the United States, U.S. territories, and U.S. possessions.
There are three basic types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents regard inventions relating to new, original, and ornamental designs for articles of manufacture; and
3) Plant patents regard inventions, discoveries, and asexually reproductions of any distinct and new varieties of plants.
*This article is for informational purposes only. This article does not constitute legal advice, and no attorney-client relationship exists between its reader and Zuber & Taillieu LLP or any of its attorneys. If you seek legal advice in a particular matter, you should seek the counsel of a lawyer experienced in the relevant area of law, rendered with the lawyer's full knowledge of the facts relevant to such matter.
http://www.a1articles.com/article_154497_18.html
It is at the heart of patent law to encourage invention by granting inventors a monopoly over new product designs or functions for a limited time until expiration of the patent, after which expiration the public is free to copy and profit from the invention. Qualitex Co. v. Jacobson Products Co, Inc., 514 U.S. 159, 164-165 (1995). The Patent Law Statute provides that "whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title." 35 U.S.C. Section 101. A "process" is explicitly defined as a "process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material." 35 U.S.C. Section 100. The term "machine" as used in the statute is the same as used in standard language (e.g.: a human-made system or device made up of fixed and moving parts that perform tasks). The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" refers to chemical compositions, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically all things that are made by man and the processes for making them.
Things which do not fall into one of the above classes of subject matter are not patentable. For instance, laws of nature and physical phenomena are not patentable subject matter. Furthermore, a patent cannot be obtained based upon a mere idea or suggestion. In other words, while a patent may be granted based upon a new process, machine, manufacture, or composition of matter, the mere idea or suggestion of the new process, machine, manufacture, or composition of matter, respectively, will not suffice. A complete description of the actual process, machine, manufacture, or composition of matter, respectively, is required.
Once issued, a patent grants the patent holder the right to exclude others from making, using, offering to sell, or selling the patented invention within the United States, or importing the patented invention into the United States, during the term of the patent. 35 U.S.C. Section 271. However, a patent does not grant the patent holder the right to make, use, offer for sale, sell or import the patented invention. For example, the issuance of a patent does not protect the patent holder from claims of infringement of the claims of other patents, the scope of which claims may include the patented subject matter.
A patent lasts for twenty years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the timely payment of maintenance fees. However, under certain circumstances, patent term extensions or adjustments may be available. U.S. patent grants are effective throughout the United States, U.S. territories, and U.S. possessions.
There are three basic types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents regard inventions relating to new, original, and ornamental designs for articles of manufacture; and
3) Plant patents regard inventions, discoveries, and asexually reproductions of any distinct and new varieties of plants.
*This article is for informational purposes only. This article does not constitute legal advice, and no attorney-client relationship exists between its reader and Zuber & Taillieu LLP or any of its attorneys. If you seek legal advice in a particular matter, you should seek the counsel of a lawyer experienced in the relevant area of law, rendered with the lawyer's full knowledge of the facts relevant to such matter.
http://www.a1articles.com/article_154497_18.html
Monday, July 30, 2007
What is your legal commitment as a company director
Are you aware of your legal commitment as a director of a childcare? Do you know that, as a director, there are certain code of conducts that you should be adhering to when conducting your business?
Do you know what your duties are as a director of your daycare centre? Many business owners are unaware of the legal implications of being a director of an establishment. Whilst understandably, many of us are not legal professional, it is important to know what’s required of you as a director so that you can make a conscious effort to stay away from situations which could potentially put you in conflict with your duties as a director.
A director’s duties can be categorized broadly as:
• Fiduciary Duties
• Duties of skill, care and diligence
• Statutory Duties
1) Fiduciary Duties
a. A director is required to act in genuine interest of the company’s interest at all times
As a director, he is required to act honestly and conduct due diligence when discharging his duties as a director. Should a director be forced to make a decision or undertake a transaction which may seem unviable or disadvantageous for the company, he must be able to justify other intangible benefits for the company; either to the company as a corporate entity or its group of company, the members and employees in the company or the interest of the creditors in the company.
b. A director must avoid positions where his personal interest may be in conflict with his duty
A director must ensure that he acts in the best interest of the company at all times and not be in a position where his personal interest will impair his judgment resulting in a situation where his personal interest take precedence over the company’s interest.
c. Duty to use powers for proper purposes and not for any collateral purpose
A director must understand that he is the trustee of the company’s assets and the company assets entrusted to him are to be applied for the company’s purpose and interest. It is considered a breach of fiduciary duty should the director misapply the company’s assets or abuse his power. Even if he was misguided on what was in the company’s interest, the director is still in breach of his duty should be misuse his powers. And should he misapply the company’s funds, he is in breach of criminal breach of trust, be it or not he has personally benefited from it. A director must not accept any form of reward or payment from any third party other than his company.
2) Duties of skill, care and diligence
A director must ensure that he exercise reasonable care and skill when undertaking his director responsibility with any additional knowledge and experience which he actually has..
3) Statutory Duties
A director’s breach of statutory duty can be a civil breach rendering the director liable to the company for any profit made by him or for any damage suffered by the company or a criminal offence.
a. Duty to disclose certain important information
A director is bound to disclose certain information to the company such as interest in a proposed or existing transaction or arrangement with the company or loans to director, etc. The type of information that a director is required to disclose can vary slightly from country to country and state to state.
b. Duty to ensure that the accounts are properly prepared
It is the director’s duty to ensure that the accounts are properly prepared and managed. The accounts should provide a true and fair view of the state of affairs of the company and explain its transactions.
In essence, it is important to note that a director’s duty to the company is an important one. He must at all times act with care, honesty and diligence and make decisions which are in the best interest of the company and not oneself.
For more essential information and resources on starting a successful daycare business, please visit www.setupadaycare.com
http://www.a1articles.com/article_193081_18.html
Do you know what your duties are as a director of your daycare centre? Many business owners are unaware of the legal implications of being a director of an establishment. Whilst understandably, many of us are not legal professional, it is important to know what’s required of you as a director so that you can make a conscious effort to stay away from situations which could potentially put you in conflict with your duties as a director.
A director’s duties can be categorized broadly as:
• Fiduciary Duties
• Duties of skill, care and diligence
• Statutory Duties
1) Fiduciary Duties
a. A director is required to act in genuine interest of the company’s interest at all times
As a director, he is required to act honestly and conduct due diligence when discharging his duties as a director. Should a director be forced to make a decision or undertake a transaction which may seem unviable or disadvantageous for the company, he must be able to justify other intangible benefits for the company; either to the company as a corporate entity or its group of company, the members and employees in the company or the interest of the creditors in the company.
b. A director must avoid positions where his personal interest may be in conflict with his duty
A director must ensure that he acts in the best interest of the company at all times and not be in a position where his personal interest will impair his judgment resulting in a situation where his personal interest take precedence over the company’s interest.
c. Duty to use powers for proper purposes and not for any collateral purpose
A director must understand that he is the trustee of the company’s assets and the company assets entrusted to him are to be applied for the company’s purpose and interest. It is considered a breach of fiduciary duty should the director misapply the company’s assets or abuse his power. Even if he was misguided on what was in the company’s interest, the director is still in breach of his duty should be misuse his powers. And should he misapply the company’s funds, he is in breach of criminal breach of trust, be it or not he has personally benefited from it. A director must not accept any form of reward or payment from any third party other than his company.
2) Duties of skill, care and diligence
A director must ensure that he exercise reasonable care and skill when undertaking his director responsibility with any additional knowledge and experience which he actually has..
3) Statutory Duties
A director’s breach of statutory duty can be a civil breach rendering the director liable to the company for any profit made by him or for any damage suffered by the company or a criminal offence.
a. Duty to disclose certain important information
A director is bound to disclose certain information to the company such as interest in a proposed or existing transaction or arrangement with the company or loans to director, etc. The type of information that a director is required to disclose can vary slightly from country to country and state to state.
b. Duty to ensure that the accounts are properly prepared
It is the director’s duty to ensure that the accounts are properly prepared and managed. The accounts should provide a true and fair view of the state of affairs of the company and explain its transactions.
In essence, it is important to note that a director’s duty to the company is an important one. He must at all times act with care, honesty and diligence and make decisions which are in the best interest of the company and not oneself.
For more essential information and resources on starting a successful daycare business, please visit www.setupadaycare.com
http://www.a1articles.com/article_193081_18.html
Mediation How-To For Trial Lawyers
The June issue of Trial, a publication of the American Association for Justice, contains a helpful “How-To” article for trial lawyers on the mediation of commercial disputes. Stewart I. Edelstein wrote the lengthy “Hot-To” article, which discusses such topics as choosing the right mediator, preparing to mediate, selecting which strategies to utilize, getting past impasse and finalizing the mediation. The tips are summarized quickly for you below.
Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation
Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.
Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration
Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.
Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.
The National Arbitration Forum offers mediation services in all 50 states. Please see their Mediation Solution page for more information.
http://www.a1articles.com/article_193741_18.html
Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation
Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.
Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration
Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.
Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.
The National Arbitration Forum offers mediation services in all 50 states. Please see their Mediation Solution page for more information.
http://www.a1articles.com/article_193741_18.html
Subscribe to:
Posts (Atom)