<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"><channel><title><![CDATA[SmallBusinessNotes.com Recent Articles: Legal]]></title><link>http://www.smallbusinessnotes.com/managing-your-business/legal/</link><description></description></channel>
<item><title>Business Partnership Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/business-partnership-agreement.html</link><description><![CDATA[This Business Partnership Agreement is a general partnership agreement designed for small businesses. A Microsoft Word document, this agreement can be easily modified to suit your business needs. General Partnership Agreement...]]></description><pubDate>January 27, 2011 11:24 AM</pubDate></item><item><title>Independent Contractor Business Licensing Rules</title><link>http://www.smallbusinessnotes.com/managing-your-business/independent-contractor-business-licensing-rules.html</link><description><![CDATA[When you set up an independent contractor business, you may think it is enough simply to start working and getting paid. However, if you are doing business within the United States, you will be subject to many levels of licensing and tax requirements. Each state, city and municipality has its own rules of setting up an independent business. Failure to follow these rules could result in penalties to your business. State and City Licensing The first step to set up your business will be to get licensed with the state and city. This is not only required. It is also...]]></description><pubDate>November 24, 2010  5:37 PM</pubDate></item><item><title>Sample Nondisclosure Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/sample-nondisclosure-agreement.html</link><description><![CDATA[ Drawing up a nondisclosure (confidentiality) agreement is best left to an attorney familiar with the laws in your state. Before meeting with an attorney, however, you may want to have an idea of what might be included so you are prepared. Here is a sample of what a nondisclosure agreement might look like to help you decide what you may want to include in a confidentiality agreement for your company. Additional items may be included depending upon the particulars of your situation and the laws of your state. Example of a Nondisclosure Agreement This Nondisclosure Agreement (&amp;quot;Agreement&amp;quot;) is entered...]]></description><pubDate>December  7, 2010  4:08 PM</pubDate></item><item><title>Protecting Your Trade Secrets</title><link>http://www.smallbusinessnotes.com/managing-your-business/protecting-your-trade-secrets.html</link><description><![CDATA[ In addition to the tangible assets that your business has, it also most likely has a number of intangible assets, which include everything from customer lists to the way you produce what you sell. These intangible assets are usually called trade secrets or intellectual property, with intellectual property being the broader term that includes patents, copyrights and trademarks. These trade secrets are a very valuable asset to your business. Think how happy your competition would be to learn about them. If you don't protect yourself, they easily could, simply by losing one of your employees to a competitor. There...]]></description><pubDate>December  7, 2010  4:08 PM</pubDate></item><item><title>The Obama Jobs Bill and Your Small Business</title><link>http://www.smallbusinessnotes.com/managing-your-business/the-obama-jobs-bill-and-your-small-business.html</link><description><![CDATA[ There are three specific portions of the &amp;quot;Obama Jobs Bill&amp;quot; passed in 2010 that are aimed at promoting the expansion of small businesses. Throughout the process of supporting his legislation, President Obama emphasized the fact that small businesses provide 66 percent of all new jobs in the workforce. In order to conquer the high unemployment rates in 2008 and 2009, then, the President envisioned expanding small businesses through direct incentives. The three primary changes aimed at doing this include: more financing for community banks to help businesses get loans, increases in the limits imposed by the Small Business Administration...]]></description><pubDate>December  7, 2010  4:08 PM</pubDate></item><item><title>Nondisclosure Agreements</title><link>http://www.smallbusinessnotes.com/managing-your-business/nondisclosure-agreements.html</link><description><![CDATA[ A Nondisclosure Agreement (NDA), sometimes referred to as a Confidentiality Agreement, is a legal agreement between two or more people that ensures that confidential information shared by one party will be kept secret by the other party or parties. Such agreements are often made between employers and employees to protect trade secrets, allowing both parties to acknowledge that a duty of confidentiality exists, to define the scope of the duty and to spell out the possible remedies or sanctions associated with a breach. NDAs are also used by inventors in protecting their ideas and inventions, and between businesses on...]]></description><pubDate>December  7, 2010  4:08 PM</pubDate></item><item><title>Immigration and Nationality Act</title><link>http://www.smallbusinessnotes.com/managing-your-business/immigration-and-nationality-act.html</link><description><![CDATA[ Do you know what the rules are in hiring immigrants? This can be a touchy topic with serious consequences should you handle it incorrectly. The Immigration and Nationality Act (INA) is the federal law governing almost all immigration matters. The INA makes it illegal for businesses to knowingly hire undocumented workers and requires employers to verify their employees' identities and work eligibility using the I-9 form. Under the INA, job applicants must provide their potential employer with documentation of their identity and authorization to work in the United States. There are several combinations of legally acceptable documents that can...]]></description><pubDate>December  7, 2010  4:08 PM</pubDate></item><item><title>How to Protect Your Intellectual Property</title><link>http://www.smallbusinessnotes.com/managing-your-business/how-to-protect-your-intellectual-property.html</link><description><![CDATA[ It is just as important to protect your intellectual property as your physical property. For a small business, intellectual property can often make up a large portion of your actual worth. Unfortunately, there is no simple way to put a secure fence around intellectual property. Every time you do business, you will be exposing yourself to the risk of loss of this commodity. As a result, it is key to use smart steps to protect what you can. Use Nondisclosure Agreements More often than not, businesses lose their intellectual property through their own employees, vendors and clients. Think about...]]></description><pubDate>December  7, 2010  4:08 PM</pubDate></item><item><title>Partnership Agreement Template</title><link>http://www.smallbusinessnotes.com/managing-your-business/partnership-agreement-template.html</link><description><![CDATA[This Partnership Agreement template establishes and defines a business partnership, covering important factors such as capital contribution, dispute arbitration and termination/withdrawal of the partnership. Before finalizing your business partnership agreement, be sure to consult an attorney. If you have trouble viewing the embed below you can view this html partnership agreement.Partnership Agreement...]]></description><pubDate>December  3, 2010  5:29 PM</pubDate></item><item><title>Mutual Nondisclosure Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/mutual-nondisclosure-agreement.html</link><description><![CDATA[This free Mutual Nondisclosure Agreement establishes party confidentiality, party rights, mutual nondisclosure and more.Mutual Nondisclosure Agreement...]]></description><pubDate>December  3, 2010  5:09 PM</pubDate></item><item><title>Website Standard Terms and Conditions Template</title><link>http://www.smallbusinessnotes.com/managing-your-business/website-standard-terms-and-conditions-template.html</link><description><![CDATA[Use this free Website Standard Terms and Conditions Template for your business website. It includes a privacy statement, a confidentiality clause, payment information, a copyright notice and more. Website Standard Terms and Conditions Template...]]></description><pubDate>December  3, 2010  4:19 PM</pubDate></item><item><title>LLC Operating Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/llc-operating-agreement.html</link><description><![CDATA[Use this attorney-drafted LLC Operating Agreement to outline your operating terms before forming your limited liability company. Whether you plan to run your LLC alone or you have co-owners, an LLC Operating Agreement is important for establishing your LLC's legal credibility, defining your LLC's management structure, outlining the financial structure and more. LLC Operating Agreement...]]></description><pubDate>December  3, 2010  3:50 PM</pubDate></item><item><title>LLC Operating Agreement for Member-Managed Limited Liability Company</title><link>http://www.smallbusinessnotes.com/managing-your-business/llc-operating-agreement-for-member-managed-limited-liability-company.html</link><description><![CDATA[ This attorney-drafted LLC Operating Agreement is for a member-managed limited liability company (LLC).Operating Agreement for Member-Managed Limited Liability Company...]]></description><pubDate>December  7, 2010 12:29 PM</pubDate></item><item><title>Mutual Non-Disclosure Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/mutual-non-disclosure-agreement.html</link><description><![CDATA[ This attorney-drafted Mutual Non-Disclosure Agreement commits two companies to confidentiality regarding specific business information and outlines what penalties will be incurred for breaching this agreement.Mutual Non-Disclosure Agreement...]]></description><pubDate>December  7, 2010 12:19 PM</pubDate></item><item><title>Sample Letter of Intent to Purchase a Business</title><link>http://www.smallbusinessnotes.com/managing-your-business/sample-letter-of-intent-to-purchase-a-business.html</link><description><![CDATA[This attorney-drafted Letter of Intent is useful for businesses or individuals that would like to purchase a business.Letter of Intent for Business Acquisition...]]></description><pubDate>December  7, 2010 12:04 PM</pubDate></item><item><title>Sample Letter of Intent to Purchase Property</title><link>http://www.smallbusinessnotes.com/managing-your-business/sample-letter-of-intent-to-purchase-property.html</link><description><![CDATA[This attorney-drafted Letter of Intent is a useful document for parties interesting in purchasing or selling property and outlines the agreement between and expectations of the two parties.Letter of Intent...]]></description><pubDate>December  7, 2010 11:59 AM</pubDate></item><item><title>Independent Contractor Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/independent-contractor-agreement.html</link><description><![CDATA[This attorney-drafted Independent Contractor Agreement outlines the duties and compensation of independent contractors being hired to work for a business.Independent Contractor Agreement...]]></description><pubDate>December  7, 2010 11:49 AM</pubDate></item><item><title>Employee Confidentiality Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/employee-confidentiality-agreement.html</link><description><![CDATA[ This Employee Confidentiality Agreement, or Employee Non-Disclosure Agreement, prohibits an employee from sharing confidential information outside the company and outlines the penalties for breaching the agreement.Employee Confidentiality Agreement...]]></description><pubDate>December  7, 2010 11:41 AM</pubDate></item><item><title>Memorandum of Understanding Template</title><link>http://www.smallbusinessnotes.com/managing-your-business/memorandum-of-understanding-template.html</link><description><![CDATA[This attorney-drafted Memorandum of Understanding template affirms the agreement between two or more parties and outlines their goals and intended actions. Memoranda of Understanding are not legally binding.Memorandum of Understanding Template...]]></description><pubDate>December  7, 2010 11:38 AM</pubDate></item><item><title>Board of Advisor Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/board-of-advisor-agreement.html</link><description><![CDATA[This attorney-drafted Board of Advisor Agreement establishes the guidelines for members of a company's board of directors or advisors.Board of Advisor Agreement...]]></description><pubDate>December  7, 2010 11:31 AM</pubDate></item><item><title>Limited Partnership Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/limited-partnership-agreement.html</link><description><![CDATA[This attorney-drafted Limited Partnership (LP) Agreement protects a business owner from his or her partners' negligence or misconduct.Limited Partnership Agreement...]]></description><pubDate>December  7, 2010 11:28 AM</pubDate></item><item><title>Consulting Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/consulting-agreement.html</link><description><![CDATA[ This attorney-drafted Consulting Agreement outlines the services to be performed by a consultant for a client.Consulting Agreement...]]></description><pubDate>December  7, 2010 11:06 AM</pubDate></item><item><title>Event Planner Contract</title><link>http://www.smallbusinessnotes.com/managing-your-business/event-planner-contract.html</link><description><![CDATA[This attorney-drafted Event Planner Contract is a detailed contract between a business and an event planner.Event Planner Contract...]]></description><pubDate>December  7, 2010 11:03 AM</pubDate></item><item><title>Operating Agreement for Single Member LLC</title><link>http://www.smallbusinessnotes.com/managing-your-business/operating-agreement-for-single-member-llc.html</link><description><![CDATA[ This attorney-drafted Operating Agreement is for a limited liability company (LLC) that is owned and managed by a single member.Operating Agreement for Single Member LLC...]]></description><pubDate>December  7, 2010 10:55 AM</pubDate></item><item><title>Legal Costs</title><link>http://www.smallbusinessnotes.com/managing-your-business/legal-costs.html</link><description><![CDATA[ How a lawyer will bill for their time will depend on the circumstances and can often be negotiated. In any case, make sure you understand and agree to the billing method when you hire a lawyer. Hourly rate Most lawyers bill by the hour. Rates vary by location, experience, specialty and the size of the firm. Find out if you are billed in 10 or 15 minute increments (as opposed to the half-hour or full hour). Are you billed for telephone time? Does the billing start as soon as you walk into the office (even while you're exchanging greetings?)...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Illegal Business Practices</title><link>http://www.smallbusinessnotes.com/managing-your-business/illegal-business-practices.html</link><description><![CDATA[ Horizontal agreements among competitors: Agreements among parties in a competing relationship can raise antitrust suspicions. Competitors may be agreeing to restrict competition among themselves. Antitrust authorities must investigate the effect and purpose of an agreement to determine its legality. Agreements on price. Agreements about price or price-related matters such as credit terms potentially are the most serious. That's because price often is the principal way that firms compete. A &amp;quot;naked&amp;quot; agreement on price -- where the agreement is not reasonably related to the firms' business operations -- is illegal. Hard core -- clear or blatant -- price-fixing is subject...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Social Security</title><link>http://www.smallbusinessnotes.com/managing-your-business/social-security.html</link><description><![CDATA[ Social Security: Establishes a number of social programs which have the basic objectives of providing for the material needs of individuals and families Programs include: retirement insurance; survivor's insurance; disability insurance; hospital and medical insurance for the aged, disabled; and supplemental security income, among others Reports of earnings must be filed annually by every employer who is required to withhold income tax from wages and/or who is liable for FICA taxes, also called Social Security and Medicare taxes Each employer must: Keep a record of the name and Social Security number of each employee as it is shown on...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Mergers</title><link>http://www.smallbusinessnotes.com/managing-your-business/mergers.html</link><description><![CDATA[ The United States is in the midst of a &amp;quot;merger wave.&amp;quot; The number of mergers reported under the Hart-Scott-Rodino Act rose from 1,529 in 1991 to a record 3,702 in 1997 -- a 142 percent jump. During this period, the FTC successfully challenged a host of potential mergers, saving consumers millions of dollars that they otherwise would have paid in higher prices. Identifying and challenging anticompetitive mergers is a difficult task that can take thousands of hours of investigative work and often, litigation. Most mergers actually benefit competition and consumers by allowing firms to operate more efficiently. But some...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Federal Insurance Contributions Act (FICA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/federal-insurance-contributions-act-fica.html</link><description><![CDATA[ The Federal Insurance Contributions Act (FICA): The Federal Insurance Contributions Act (FICA) tax includes two separate taxes. One is the social security tax and the other is the Medicare tax Taxes are paid by both employer and employee (withheld from wages) To learn more about paying these taxes, visit employment taxes at the Internal Revenue Service site More information about the Federal Insurance Contributions Act (FICA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Americans with Disabilities Act (ADA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/americans-with-disabilities-act-ada.html</link><description><![CDATA[ The Americans with Disabilities Act (ADA): Prohibits discrimination in employment on the basis of physical or mental impairments that limit one or more major life activities. These impairments may be real or perceived Requires reasonable accommodation be made for handicapped individuals More information about the Americans with Disabilities Act (ADA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>The Legal Form of a Small Business</title><link>http://www.smallbusinessnotes.com/managing-your-business/the-legal-form-of-a-small-business.html</link><description><![CDATA[ One of the first decisions that you will have to make as a business owner is how the company should be structured. This decision will have long-term implications. In making a choice, you will want to take into account the following: The size and scope of business you hoping to attain The level of control do you wish to have The level of structure you are willing to deal with The business's vulnerability to lawsuits Tax implications of the different ownership structures Expected profit (or loss) of the business Whether or not you need to re-invest earnings into the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Consolidated Omnibus Budget Reconciliation Act (COBRA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/consolidated-omnibus-budget-reconciliation-act-cobra.html</link><description><![CDATA[ The Consolidated Omnibus Budget Reconciliation Act (COBRA): Pertains to continuing group health insurance when employment is terminated Requires employer to continue to include ex-employees in employer's group health plan. Full cost of health insurance must be paid by employee Requires employer to provide information about COBRA rights to employee on the date of separation Is administered by the U. S. Department of Labor - Pension and Welfare Benefits Administration Sample policy that addresses COBRA More information about the Consolidated Omnibus Budget Reconciliation Act (COBRA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Price Discrimination</title><link>http://www.smallbusinessnotes.com/managing-your-business/price-discrimination.html</link><description><![CDATA[ A seller charging competing buyers different prices for the same &amp;quot;commodity&amp;quot; or discriminating in the provision of &amp;quot;allowances&amp;quot; -- compensation for advertising and other services -- may be violating the Robinson-Patman Act. This kind of price discrimination may hurt competition by giving favored customers an edge in the market that has nothing to do with the superior efficiency of those customers. However, price discriminations generally are lawful, particularly if they reflect the different costs of dealing with different buyers or result from a seller's attempts to meet a competitor's prices or services. Price discrimination also might be used as...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Labor Laws Governing Employers</title><link>http://www.smallbusinessnotes.com/managing-your-business/labor-laws-governing-employers.html</link><description><![CDATA[ The following is a brief synopsis of some of the federal statutes governing employers that may apply to your business. Obviously, the statutes themselves are much more detailed. This list is simply a representative sampling of the potentially applicable statutes and is by no means all-inclusive. Whether or not these laws apply to your business may be determined by the number of employees working for you, so if your business is growing, be sure you know the rules of the road for employers. You may wish to consult with a lawyer if you want to know more about the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Keeping Markets Competitive</title><link>http://www.smallbusinessnotes.com/managing-your-business/keeping-markets-competitive.html</link><description><![CDATA[ Consumers and business owners can help keep markets competitive. Here's how: Do your homework. Competition is fostered both by sellers vying for your business and shoppers seeking the best deal. Take the time to think about what you really need or want, research the alternatives, and know the prices and product offerings of different retailers and manufacturers. An informed shopper is in the best position to detect a suspicious lack of competition for no apparent reason. Alert federal and state antitrust agencies if you suspect illegal behavior. Consumers and businesses are important sources of information about competitive conditions in...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Age Discrimination in Employment Act (ADEA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/age-discrimination-in-employment-act-adea.html</link><description><![CDATA[ The Age Discrimination in Employment Act (ADEA): Prohibits discrimination against individuals over 40 with respect to hiring, compensation, terms, conditions and privileges of employment on the basis of age Eliminates mandatory retirement age for employees (with some exceptions, e.g., pilots) Applies to employers with 20 employees; unions with 25 members; employment agencies, federal, state and local governments Is enforced by the Equal Employment Opportunity Commission More information about the Age Discrimination in Employment Act (ADEA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Frequently Asked Questions</title><link>http://www.smallbusinessnotes.com/managing-your-business/frequently-asked-questions.html</link><description><![CDATA[ Q: The gasoline stations in my area have increased their prices the same amount and at the same time. Is that price-fixing? A: A uniform simultaneous price increase could be the result of price fixing, but it also could be the result of independent business responses to market conditions. For example, if conditions in the international oil markets result in an increase in the price of crude oil, there could be a ripple effect. Local gasoline stations may respond to the wholesale price of gasoline by increasing their prices to cover their higher costs. However, if there is evidence...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Title VII Civil Rights Act</title><link>http://www.smallbusinessnotes.com/managing-your-business/title-vii-civil-rights-act.html</link><description><![CDATA[ The Title VII Civil Rights Act: Prohibits discrimination in hiring, firing, promoting, compensation, or terms, conditions, or privileges of employment on the basis of race, color, sex, religion, or national origin Permits discrimination in employment on the basis of race, religion, sex, or national origin where any of these factors are bona fide occupational qualifications necessary to the operation of the enterprise Permits bona fide seniority, merit, or incentive systems that have the effect of discriminating provided such systems are not the result of an intention to discriminate Applies to employers with 15 or more employees, employment agencies, unions,...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Medicare</title><link>http://www.smallbusinessnotes.com/managing-your-business/medicare.html</link><description><![CDATA[ Medicare: Medicare is the U.S. health insurance program Medicare was established under Federal Insurance Contributions Act (FICA) Taxes are paid by both employer and employee (withheld from wages) To learn more about paying these taxes, visit employment taxes at the Internal Revenue Service site. More information about Medicare. &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Selecting a Lawyer</title><link>http://www.smallbusinessnotes.com/managing-your-business/selecting-a-lawyer.html</link><description><![CDATA[ Chances are that you will need legal advice right from the inception of your business. There are a number of legal issues where you might need help in your business in addition to getting your company set up and properly authorized to conduct business. Selecting a lawyer to work with your business should be done carefully. A lawyer will be one of your key advisors -- you will want to ensure that you are comfortable with him or her and find it easy to exchange ideas. It does no good if you are intimidated or uncomfortable asking questions, or...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Model Letter for Notification of Identity Theft</title><link>http://www.smallbusinessnotes.com/managing-your-business/model-letter-for-notification-of-identity-theft.html</link><description><![CDATA[ The following letter is a model for notifying people whose names and Social Security numbers have been stolen. In cases of stolen Social Security numbers, it is important that people place a fraud alert on their credit reports. A fraud alert may hinder identity thieves from getting credit with stolen information because it is a signal to creditors to contact the consumer before opening new accounts or changing existing accounts. Potential victims of a theft also should review their credit reports periodically to keep track of whether their information is being misused. For some victims, weeks or months may...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Notifying Individuals of Identity Theft</title><link>http://www.smallbusinessnotes.com/managing-your-business/notifying-individuals-of-identity-theft.html</link><description><![CDATA[ Generally, early notification to individuals whose personal information has been compromised allows them to take steps to mitigate the misuse of their information. In deciding if notification is warranted, consider the nature of the compromise, the type of information taken, the likelihood of misuse, and the potential damage arising from misuse. For example, thieves who have stolen names and Social Security numbers can use this information to cause significant damage to a victim's credit record. Individuals who are notified early can take some steps to prevent or limit any harm. When notifying individuals, the FTC recommends that you: Consult...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>How to Form a Business Partnership</title><link>http://www.smallbusinessnotes.com/managing-your-business/how-to-form-a-business-partnership.html</link><description><![CDATA[ A business partnership is an agreement between two or more individuals to operate a business jointly. Partners are responsible for the other partner's business actions, as well as their own. To form a business partnership: List the amount of equity to be invested by each partner. Determine how the profit or loss will be divided among the partners. Establish compensation levels for each partner, including when the compensation will be given and any restrictions that might affect that compensation. Set guidelines for how the business will be modified or dissolved should one or more partners wish to end the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Corporations</title><link>http://www.smallbusinessnotes.com/managing-your-business/corporations.html</link><description><![CDATA[ A corporation, chartered by the state in which it is headquartered, is considered by law to be a unique entity, separate and apart from those who own it. A corporation can be taxed; it can be sued; it can enter into contractual agreements. The owners of a corporation are its shareholders. The shareholders elect a board of directors to oversee the major policies and decisions. The corporation has a life of its own and does not dissolve when ownership changes. Advantages of a Corporation Shareholders have limited liability for the corporation's debts or judgments against the corporations. Generally, shareholders...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Guide to Antitrust Laws</title><link>http://www.smallbusinessnotes.com/managing-your-business/guide-to-antitrust-laws.html</link><description><![CDATA[ The antitrust laws describe unlawful practices in general terms, leaving it to the courts to decide what specific practices are illegal based on the facts and circumstances of each case. Section 1 of the Sherman Act outlaws &amp;quot;every contract, combination . . . , or conspiracy, in restraint of trade,&amp;quot; but long ago, the Supreme Court decided that the Sherman Act prohibits only those contracts or agreements that restrain trade unreasonably. What kinds of agreements are unreasonable is up to the courts. Section 2 of the Sherman Act makes it unlawful for a company to &amp;quot;monopolize, or attempt to...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Sample Partnership Agreement</title><link>http://www.smallbusinessnotes.com/managing-your-business/sample-partnership-agreement.html</link><description><![CDATA[ This Partnership Agreement is made on [Insert Date] between [Insert Name of Party 1] and [Insert Name of Party 2]. Name and Business The parties hereby form a partnership under the name of [Insert Business Name] to produce [Insert Business Product/Service]. The principal office of the business shall be [Insert Address]. Term The partnership shall begin on [Insert Date], and shall continue until terminated. Capital The capital of the partnership shall be contributed in cash by the partners as follows: A separate capital account shall be maintained for each partner. Neither partner shall withdraw any part of their capital...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties.html</link><description><![CDATA[ In 1975, Congress enacted the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products. One of the goals of the Act is to encourage businesspersons to write your warranties in &amp;quot;simple and readily understood&amp;quot; language. A readable warranty serves the following purposes in addition to meeting the goal of the Magnuson-Moss Warranty Act: A well-written warranty functions more effectively than a poorly written one as a legal instrument to define the rights and obligations of your customers and your company. An easy-to-understand warranty can be an effective selling tool. It can create confidence in your product and...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>How to Form a Sole Proprietorship</title><link>http://www.smallbusinessnotes.com/managing-your-business/how-to-form-a-sole-proprietorship.html</link><description><![CDATA[ A sole proprietorship is a business owned and operated by one person. To form a sole proprietorship: Choose the type of business you wish to operate. Pick a name for the business. Register the name with the appropriate local or state office. Obtain licensing to conduct the business if that is needed. Determine where the business will be located. Set up a record keeping system. Estimate financial needs for operation and where it will be obtained. Purchase any supplies and equipment needed. Open the doors for business. Tips: Business and income profits and losses are reported on your personal...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Employee Retirement Income Security Act (ERISA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/employee-retirement-income-security-act-erisa.html</link><description><![CDATA[ The Employee Retirement Income Security Act (ERISA): Governs the operation of pensions and retirement benefits provided by employers to their employees Does not require that employers provide such benefits, but regulates the conduct of employers that do provide such plans Is enforced by the Pension and Welfare Benefits Administration of the Department of Labor More information about the Employee Retirement Income Security Act (ERISA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Legal Issues</title><link>http://www.smallbusinessnotes.com/managing-your-business/legal-issues.html</link><description><![CDATA[ Whether you are just getting started or have been in business for a number of years, chances are that you will need the expertise of an attorney. One of the most common complaints that lawyers make is, &amp;quot;why didn't you get me involved before you signed...?&amp;quot; Some small business owners think that by doing without legal help they will save money. In reality, they may pay much more in the long run. Its wiser to seek advice on the front end in order to minimize the risk of costly mistakes or litigation later on. This section addresses some of...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Immigration Reform and Control Act (IRCA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/immigration-reform-and-control-act-irca.html</link><description><![CDATA[ The Immigration Reform and Control Act (IRCA): Requires employers to verify that applicants for employment are authorized to work in the United States Levies Civil and criminal penalties for knowingly employing unauthorized aliens Prohibits discrimination based on national origin or citizenship if the alien is authorized to work Is enforced by the Department of Justice and the Immigration and Naturalization Service More information about the Immigration Reform and Control Act (IRCA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Trademarks</title><link>http://www.smallbusinessnotes.com/managing-your-business/trademarks.html</link><description><![CDATA[ A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms &amp;quot;trademark&amp;quot; and &amp;quot;mark&amp;quot; are commonly used to refer to both trademarks and servicemarks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Occupational Safety &amp;amp;amp; Health Administration Act (OSHA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/occupational-safety-amp-health-administration-act-osha.html</link><description><![CDATA[ The Occupational Safety &amp;amp;amp; Health Administration Act (OSHA): OSHA requires all employers to provide a work place that is free from recognized hazards that cause, or are likely to cause, death or serious physical harm to employees Establishes the Occupational Safety and Health Administration which is responsible for workplace safety standards and regulations for various industries More information about the Occupational Safety &amp;amp;amp; Health Administration Act (OSHA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Patents, Copyrights, and Trademarks</title><link>http://www.smallbusinessnotes.com/managing-your-business/patents-copyrights-and-trademarks.html</link><description><![CDATA[ Many businesses need some kind of legal protection for their business product, but have no idea what. We all have heard the terms patent, copyright and trademark, bandied around, usually in relation to an invention, new idea or domain name. What do you need and how do you obtain it? In the United States there are two government agencies that are the primary sources for this information: U.S. Patent and Trademark Office U.S. Copyright Office Here are the main differences. Click on the linked name should you wish to learn more about that particular topic. A patent applies to...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Older Worker Benefit Protection Act (OWBPA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/older-worker-benefit-protection-act-owbpa.html</link><description><![CDATA[ The Older Worker Benefit Protection Act (OWBPA): Is an amendment to the Age Discrimination in Employment Act Prohibits discrimination with respect to employee benefits on the basis of age Regulates early retirement incentive programs also Is enforced by the Equal Employment Opportunity Commission More information about the Older Worker Benefit Protection Act (OWBPA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Pregnancy Discrimination Act</title><link>http://www.smallbusinessnotes.com/managing-your-business/pregnancy-discrimination-act.html</link><description><![CDATA[ The Pregnancy Discrimination Act: Prohibits discrimination in employment based on pregnancy, child birth, or related medical condition Applies to employers with 15 or more employees, unions with 25 members, employment agencies, federal, state and local governments More information about the Pregnancy Discrimination Act. &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Notifying Law Enforcement of Identity Theft</title><link>http://www.smallbusinessnotes.com/managing-your-business/notifying-law-enforcement-of-identity-theft.html</link><description><![CDATA[ When the compromise could result in harm to a person or business, call your local police department immediately. Report your situation and the potential risk for identity theft. The sooner law enforcement learns about the theft, the more effective they can be. If your local police are not familiar with investigating information compromises, contact the local office of the FBI or the U.S. Secret Service. For incidents involving mail theft, contact the U.S. Postal Inspection Service. Check the blue pages of your telephone directory or an online search engine for the number of the nearest field office. &amp;amp;nbsp; Identity...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Fair Labor Standards Act</title><link>http://www.smallbusinessnotes.com/managing-your-business/fair-labor-standards-act.html</link><description><![CDATA[ The Fair Labor Standards Act: Addresses minimum wage and overtime Establishes a standard 40 hour work week Requires time and a half payment for hours worked in excess of 40 per week for nonexempt employees Exempts certain classifications of employees from overtime pay requirements Sets minimum age for employment Sets minimum hourly wage rate and minimum wage for most workers Applies to employers involved in interstate commerce with two or more employees Does your personnel policy address work hours and overtime? More information about the Fair Labor Standards Act. &amp;amp;nbsp; Back to the Labor Laws Human Resources for a...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Family Medical Leave Act (FMLA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/family-medical-leave-act-fmla.html</link><description><![CDATA[ The Family Medical Leave Act (FMLA): Requires that employers provide up to 12 weeks of unpaid leave, within any 12 month period, to employees for the care of a newborn or adopted child, for the care of a seriously ill family member, or for treatment and care of the employee's own serious medical condition Applies to employers with 50 or more employees Is enforced by the Wage and Hour Division of the Department of Labor Sample policy that addresses FMLA More information about the Family Medical Leave Act (FMLA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>How to Form a Corporation</title><link>http://www.smallbusinessnotes.com/managing-your-business/how-to-form-a-corporation.html</link><description><![CDATA[ A corporation is a legal entity with a corporate charter from a state. Corporations can own property, borrow money, sue and be sued. To form a corporation: Pick a name for the corporation. Prepare and file articles of incorporation. Choose a Board of Directors. Adopt bylaws. Develop the financing plans for the corporation. Establish a Corporate Bank Account. Set up a Corporate record keeping system. Hold a Directors' Meeting. Issue stock. Insure the business. Decide whether to file S Corporation Election. Lease or purchase the place of business. Lease or purchase equipment and supplies. Hire and train employees. Open...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Equal Pay Act (EPA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/equal-pay-act-epa.html</link><description><![CDATA[ The Equal Pay Act: Prohibits discrimination in pay on the basis of sex where jobs are performed under similar conditions and require equal skill, effort and responsibility Permits pay differentials between sexes where such differences are based on seniority systems, merit systems, wage incentive plans, or other factors other than sex More information about the Equal Pay Act (EPA). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>How to Form a Limited Liability Company</title><link>http://www.smallbusinessnotes.com/managing-your-business/how-to-form-a-limited-liability-company.html</link><description><![CDATA[ A limited liability company (LLC) is a legal business entity where owners have limited personal liability even if they participate in management. To form a limited liability company: Choose a name which complies with your state law for LLCs Prepare and file Articles of Organization with your state LLC office. Draw up the Operating Agreement among the owners. Set up a bank account for the LLC. Develop a financial plan. Set up a record keeping system. Insure the business. Lease or purchase the place of business. Lease or purchase any supplies and equipment needed. Hire and train employees. Open...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Notifying Affected Businesses of Identity Theft</title><link>http://www.smallbusinessnotes.com/managing-your-business/notifying-affected-businesses-of-identity-theft.html</link><description><![CDATA[ Information compromises can have an impact on businesses other than yours, such as banks or credit issuers. If account access information - say, credit card or bank account numbers - has been stolen from you, but you do not maintain the accounts, notify the institution that does so that it can monitor the accounts for fraudulent activity. If you collect or store personal information on behalf of other businesses, notify them of any information compromise, as well. If names and Social Security numbers have been stolen, you can contact the major credit bureaus for additional information or advice. If...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Partnerships</title><link>http://www.smallbusinessnotes.com/managing-your-business/partnerships.html</link><description><![CDATA[ In a Partnership, two or more people share ownership of a single business. Like proprietorships, the law does not distinguish between the business and its owners. The Partners should have a legal agreement that sets forth how decisions will be made, profits will be shared, disputes will be resolved, how future partners will be admitted to the partnership, how partners can be bought out, or what steps will be taken to dissolve the partnership when needed;. Yes, its hard to think about a &amp;quot;break-up&amp;quot; when the business is just getting started, but many partnerships split up at crisis times...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Federal Unemployment Tax Act (FUTA)</title><link>http://www.smallbusinessnotes.com/managing-your-business/federal-unemployment-tax-act-futa.html</link><description><![CDATA[ The Federal Unemployment Tax Act (FUTA): Provides workers payments for a given period of time or until they find a new job, if job was terminated through no fault of their own Unemployment insurance is based on federal and state systems, with employers receiving a credit against the federal tax for state taxes paid Which employees are eligible for compensation, the amount they receive, and the period of time benefits are paid are determined by a mix of federal and state law More information about the Federal Unemployment Tax Act (FUTA). &amp;amp;nbsp; Back to the Labor Laws Human Resources...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Licenses and Permits</title><link>http://www.smallbusinessnotes.com/managing-your-business/licenses-and-permits.html</link><description><![CDATA[ With the many tasks involved in starting a business, it's easy to overlook the important legal requirements associated with registrations, permits and licenses. In addition to the information listed here, you can seek help from your state's chamber of commerce, a lawyer, or trade associations serving your business, profession or industry. Federal Requirements With the exception of Sole Proprietors, most business types must apply for an Employer Identification Number (EIN) regardless of whether they have employees. To find out if you need to have an EIN, take a look at Do You Need an EIN?. Most businesses do not...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Limited Liability Companies (LLCs)</title><link>http://www.smallbusinessnotes.com/managing-your-business/limited-liability-companies-llcs.html</link><description><![CDATA[ The LLC is a relatively new type of hybrid business structure that is now permissible in most states. It is designed to provide the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership. Formation is more complex and formal than that of a general partnership. The owners are members, and the duration of the LLC is usually determined when the organization papers are filed. The time limit can be continued if desired by a vote of the members at the time of expiration. LLC's must not have more than two of the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Worker Adjustment and Retraining Notification Act (WARN)</title><link>http://www.smallbusinessnotes.com/managing-your-business/worker-adjustment-and-retraining-notification-act-warn.html</link><description><![CDATA[ The Worker Adjustment and Retraining Notification Act (WARN): Requires that employers give 60 days advance notice to employees of impending plant closings or layoffs involving 50 or more employees Applies to employers with 100 or more employees More information about the Worker Adjustment and Retraining Notification Act (WARN). &amp;amp;nbsp; Back to the Labor Laws Human Resources for a Small Business Books on Human Resources in a Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Corporate Action</title><link>http://www.smallbusinessnotes.com/managing-your-business/corporate-action.html</link><description><![CDATA[ Usually the shareholders approve a dissolution action proposed by the board of directors. The voting requirement necessary for dissolution ranges between a simple majority to 2/3rds of all voting shares. Requirements: Board of Director's Proposal to Dissolve Corporation Approval of Shareholders &amp;amp;nbsp; Dissolving a Corporation: &amp;amp;nbsp;Corporate Action &amp;amp;nbsp;Filing With the State &amp;amp;nbsp;Notification to Creditors &amp;amp;nbsp;Handling Creditors' Claims &amp;amp;nbsp;Distribution of Remaining Assets &amp;amp;nbsp; Dissolving a Corporation Legal Resources for Small Business Books on Legal Issues for Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Contracts</title><link>http://www.smallbusinessnotes.com/managing-your-business/contracts.html</link><description><![CDATA[ A contract is an agreement between two or more parties that creates an obligation to do or not do particular things. Contracts almost always contain the following essential elements: Parties who are competent to enter into a contract. For example, a mentally disabled person could not enter into a contract. Minors can enter into contracts, but can void them in most cases before they reach majority age. Mutual assent by all the parties; i.e., all parties have a meeting of the minds on a specific subject. Each party either promises to perform an act that the party is not...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Handling Creditors' Claims</title><link>http://www.smallbusinessnotes.com/managing-your-business/handling-creditors-claims.html</link><description><![CDATA[ Rejected Claims You must advise creditors in writing if the corporation rejects their claim. The rejection letter should also state that the rejected claim will be barred by statute unless the creditor commences an action to enforce the claim within the period set by statute. The statutory period is usually 90 days from the date of the rejection letter. Accepted Claims Accepted claims that are timely must either be paid or arrangements satisfactory to the creditor must be made for repayment. For example, a creditor may agree to waive the corporation's liability for a debt if a shareholder agrees...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Use Headings</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-use-headings.html</link><description><![CDATA[ Headings make it easy to find information in a document. Research has show that most people prefer to read material that is broken into sections by headings rather than one solid block of text. Informative headings can help customers find the specific information that they are looking for quickly and easily. It is wise to use the headings for your warranty the information required by the FTC's Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions.These headings will help provide important information to consumers in a concise and non-repetitive manner. The headings they recommend are: What the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Testing Your Warranty to Make Sure Your Customers Understand It</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-testing-your-warranty-to-make-sure-your-customers-understand-it.html</link><description><![CDATA[ After you draft your warranty, you will want to test it to see if your customers will understand it. Tests do not have to be elaborate or expensive. A small, informal test with employees, friends, or actual shoppers can tell you whether your warranty is clear. Or you may choose to do a more expensive and reliable test on a representative sample of consumers. Your test should determine whether your warranty will be easy to understand and use in real-life situations. To do this, you might use a test in which people are presented with hypothetical situations involving the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Information Compromise and the Risk of Identity Theft</title><link>http://www.smallbusinessnotes.com/managing-your-business/information-compromise-and-the-risk-of-identity-theft.html</link><description><![CDATA[ These days, it is almost impossible to be in business and not collect or hold personal identifying information - names and addresses, Social Security numbers, credit card numbers, or other account numbers - about your customers, employees, business partners, students, or patients. If this information falls into the wrong hands, it could put these individuals at risk for identity theft. Still, not all personal information compromises result in identity theft, and the type of personal information compromised can significantly affect the degree of potential damage. What steps should you take and whom should you contact if personal information is...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: How to Write Simply</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-how-to-write-simply.html</link><description><![CDATA[ The second principle for making your warranty easy to read is to write simply. To write simply, keep your sentences short. Long sentences can be tedious and hard to read. If you sentences tend to be longer than about 25 words, on the average, you should consider shortening them. The idea is to avoid long, complex sentences such as this: If any part sold and installed new by us becomes defective during the warranty period or if faulty workmanship has occurred, and the vehicle is brought to our shop during our regular business hours, no including Saturday, we will,...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Intellectual Property</title><link>http://www.smallbusinessnotes.com/managing-your-business/intellectual-property.html</link><description><![CDATA[ Intellectual property is often worth more to a business than its tangible assets. Consisting of business strategies, images, concepts and ideas, lawful protection of intellectual property predates the U.S. Constitution. Now protected by patents, trademarks, copyrights and trade secrets, businesses must take the appropriate steps to ensure that their intellectual property is kept safe from competing businesses, defecting partners and even employees. Becoming informed about the available legal tools can mean the difference between success and failure. Federal intellectual property registration entitles the owner to use trademarks, patents and copyright throughout the United States, and provides some protection internationally...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Titling Written  Warranties as &amp;quot;Full&amp;quot; or &amp;quot;Limited&amp;quot;</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-titling-written-warranties-as-full-or-limited.html</link><description><![CDATA[ The Magnuson-Moss Warranty Act requires that every written warranty on a consumer product that costs more than $10 have a title that says the warranty is either &amp;quot;full&amp;quot; or &amp;quot;limited&amp;quot; (The Act calls these titles &amp;quot;designations.&amp;quot;) The title is intended to provide consumers, at a glance, with a key to some of the important terms and conditions of a warranty. The title &amp;quot;full warranty&amp;quot; is a shorthand message to consumers that the coverage meets the Act's standards for comprehensive warranty coverage. Similarly, the title &amp;quot;limited warranty&amp;quot; alerts consumers that the coverage does not meet at least one of the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Writing Readable Warranties</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-writing-readable-warranties.html</link><description><![CDATA[ Warranties need to be easily understood by the customer. Here are some pointers on how to write your warranty so that it is &amp;quot;user-friendly.&amp;quot; Organizing a Written Warranty Titling a Written Warranty &amp;quot;Full&amp;quot; or &amp;quot;Limited&amp;quot; Writing Clearly and Simply Making Your Warranty Visually Clear and Attractive Testing Your Warranty to Make Sure Your Customers Understand It &amp;amp;nbsp; More about Warranties Customer Service Legal Resources for Small Businesses Books on Business Law...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Writing Clearly and Simply</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-writing-clearly-and-simply.html</link><description><![CDATA[ Organizing and titling your warranty properly will make it easier for customers to find the information they need. It also will create a favorable impression about your company and your product. The actual wording of your warranty is just as important. Customers will be discouraged from reading the warranty if they find the language complicated and its tone legalistic. A warranty should therefore be direct and easy to read. These three general principles will help make your warranty easy to read: use a personal writing style; use simple language and structure; and use clear terms. &amp;amp;nbsp; More about Warranties...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Sample Complaint Letter</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-sample-complaint-letter.html</link><description><![CDATA[ &amp;amp;nbsp; (Your Address) (Your City, State, Zip) (Date) (Name of Contact Person) (Title) (Company Name) (Street Address) (City, State, Zip Code) Dear (Contact Person): On (date), I purchased (or had repaired) a (name of the product with the serial or model number or service performed). I made this purchase at (location, date, and other important details of the transaction). Unfortunately, your product (or service) has not performed well (or the service was inadequate) because (state the problem). Therefore, to resolve the problem, I would appreciate your (state the specific action you want). Enclosed are copies (copies, not originals) of...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: How to Write Clearly</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-how-to-write-clearly.html</link><description><![CDATA[ Clear warranties need simple words as well as short, logical sentences. It is not condescending to use everyday language and structure. Even sophisticated customers appreciate clear, simple language. To be clear, you should avoid difficult words and unnecessary technical terms, and explain terms that may confuse your customers. You can often replace typical warranty terms with simpler words. For example: Don't use: as evidenced by (something) commence compensated effectuate repairs exclusions extended remediable retain secure (warranty service) upon receipt of warrantee Do use: which (something) shows begin paid, repaid repair, make repairs, fix what is not covered given can...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>The Legal Requirements for Starting a Business</title><link>http://www.smallbusinessnotes.com/managing-your-business/the-legal-requirements-for-starting-a-business.html</link><description><![CDATA[ To operate a business legally one needs to meet all the laws for operating a business in your country and local community. In the United States that means the laws of the federal government, state governments of every state in which you do business, and in many locales, even city and/or county laws governing business operation. While this may sound intimidating, there are multiple sources of helpful information All of the U.S. states have business resource offices that provide information on the legal requirements for operating a business in that state. Note that you need to meet the legal...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Making  Warranties Available Prior to Sale</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-making-warranties-available-prior-to-sale.html</link><description><![CDATA[ The FTC's Rule on Pre-Sale Availability of Written Warranty Terms requires that written warranties on consumer products costing more than $15 be available to consumers before they buy. The Rule has provisions that specify what retailers, including mail order, catalog, and door-to-door sellers, must do to accomplish this. The Rule also specifies what manufacturers must do so that sellers can meet their obligations under the Rule. What Retailers Must Do If you sell directly to consumers who come to your place of business to buy, you must make written warranties available at the point of sale. You must do...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Distribution of Remaining Assets</title><link>http://www.smallbusinessnotes.com/managing-your-business/distribution-of-remaining-assets.html</link><description><![CDATA[ After payment of claims, the remaining assets may be distributed to shareholders. The corporation will need to file IRS Form 1099-DIV to report distributions to shareholders. See IRS Publication 550, Investment Income and Expenses. &amp;amp;nbsp; Dissolving a Corporation: &amp;amp;nbsp;Corporate Action &amp;amp;nbsp;Filing With the State &amp;amp;nbsp;Notification to Creditors &amp;amp;nbsp;Handling Creditors' Claims &amp;amp;nbsp;Distribution of Remaining Assets &amp;amp;nbsp; Dissolving a Corporation Legal Resources for Small Business Books on Legal Issues for Small Business...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Notification to Creditors</title><link>http://www.smallbusinessnotes.com/managing-your-business/notification-to-creditors.html</link><description><![CDATA[ Known Claims Against the Corporation You must notify all the corporation’s creditors by mail of its dissolution. The notice must give the following information to the creditor: The corporation has been dissolved (Revised Model Act states) or has filed statement of intent to dissolve (Model Act States). The mailing address to which creditors must send their claim. What information must be included in claims. The deadline for submitting claims---usually 120 days from the date of the notice Statement that claims will be barred if not received by deadline. Unknown Claims Against the Corporation The Revised Model Act contains a...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Sole Proprietorships</title><link>http://www.smallbusinessnotes.com/managing-your-business/sole-proprietorships.html</link><description><![CDATA[ The vast majority of small business start out as sole proprietorships. These firms are owned by one person, usually the individual who has day-to-day responsibility for running the business. Sole proprietors own all the assets of the business and the profits generated by it. They also assume complete responsibility for any of its liabilities or debts. In the eyes of the law and the public, you are one in the same with the business. Advantages of a Sole Proprietorship Easiest and least expensive form of ownership to organize. Sole proprietors are in complete control, and within the parameters of...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Titling a Written Warranty &amp;quot;Full&amp;quot; or &amp;quot;Limited&amp;quot;</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-titling-a-written-warranty-full-or-limited.html</link><description><![CDATA[ The Magnuson-Moss Warranty Act requires that every warranty on consumer products that cost more than $10 include a title which &amp;quot;clearly and conspicuously&amp;quot; indicates whether the warranty is &amp;quot;full&amp;quot; or &amp;quot;limited.&amp;quot; (The Act calls these titles &amp;quot;designations.&amp;quot;) The title provides consumers, at a glance, with a key to some of the important terms and conditions of a warranty. The title &amp;quot;full warranty&amp;quot; is a shorthand message to consumers that the coverage meets certain standards for comprehensive warranty coverage set by Congress. By the same token, the title &amp;quot;limited warranty&amp;quot; alerts consumers that the coverage does not meet at least...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Understanding the Magnuson-Moss Warranty Act</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-understanding-the-magnuson-moss-warranty-act.html</link><description><![CDATA[ The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. In addition, it affects both the rights of consumers and the obligations of warrantors under written warranties. To understand the Act, it is useful to be aware of Congress' intentions in passing it. First, Congress wanted to ensure that consumers could get complete information about warranty terms and conditions. By providing consumers with a way of learning what warranty coverage is offered on...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Examples of Full Warranties, Limited Warranties, and Multiple Warranties</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-examples-of-full-warranties-limited-warranties-and-multiple-warranties.html</link><description><![CDATA[ Counterpoint Carpet Corp. Full Five Year Warranty What is Covered This warranty covers any defects in materials or workmanship, including installation, with the exceptions stated below. How Long Coverage Lasts This warranty runs for five years from the date your carpet is installed. What is not covered This warranty does not cover fading or discoloration caused by exposure to sunlight or chemicals such as ammonia, laundry detergent, or household bleach. (For information on how to prevent fading or discoloration, consult our manual &amp;quot;Care Tips From Counterpoint Carpet,&amp;quot; available free from your Counterpoint dealer.) What Counterpoint Will Do Counterpoint will...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Preventing Problems</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-preventing-problems.html</link><description><![CDATA[ To minimize problems: Read the warranty before you buy. When online, look for hyperlinks to the full warranty or to an address where you can write to get a free copy. Understand exactly what protection the warranty gives you. If a copy of the warranty is available when shopping online, print it out when you make your purchase and keep it with your records. Consider the reputation of the company offering the warranty. Look for an address to write to or a phone number to call if you have questions or problems. If you're not familiar with the company,...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Advertising  Warranties</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-advertising-warranties.html</link><description><![CDATA[ The Magnuson-Moss Warranty Act does not cover the advertising of warranties. However, warranty advertising falls within the scope of the FTC Act, which generally prohibits &amp;quot;unfair or deceptive acts or practices in or affecting commerce.&amp;quot; Therefore, it is a violation of the FTC Act to advertise a warranty deceptively. How to Advertise Warranties Covered by the Pre-Sale Availability Rule In general, if a print or broadcast ad for a consumer product mentions a warranty, and the advertised product is covered by the Pre Sale Availability Rule (that is, the product is sold in stores for more than $15) the...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Dissolving a Corporation</title><link>http://www.smallbusinessnotes.com/managing-your-business/dissolving-a-corporation.html</link><description><![CDATA[ If you want to distribute any corporate assets to shareholders you will need to formally dissolve your corporation and wind up its affairs. You may also want to formally dissolve your corporation if you are concerned about potential future liability from the corporation's products or services. The legal effect of dissolution varies among states. In states that follow the Revised Model Business Corporation Act (&amp;quot;Revised Model Act&amp;quot;), a dissolved corporation continues its corporate existence but can no longer conduct any business except that necessary to wind up its affairs. The winding-up process includes the following actions by the corporation:...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Filing with the State</title><link>http://www.smallbusinessnotes.com/managing-your-business/filing-with-the-state.html</link><description><![CDATA[ After the shareholders decide to dissolve the corporation, the appropriate forms must be filed with the state. Voluntary dissolution procedures vary among the states and you should always consult a local attorney to insure that you are complying with the state law applicable to your corporation. State laws on voluntary dissolution fall into three general categories: Two-Step States: States that follow the Model Act require a corporation to file a statement of intent to dissolve before starting the winding-up process. After that process is completed (i.e., creditors notified of dissolution, bills paid and remaining assets, if any, distributed to...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Resolving Disputes</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-resolving-disputes.html</link><description><![CDATA[ If you have problems with a product or with getting warranty service: Read your product instructions and warranty carefully. Don't expect features or performance that your product wasn't designed for, or assume warranty coverage that was never promised in writing. A warranty doesn't mean that you'll automatically get a refund if the product is defective - the company may be entitled to try to fix it first. On the other hand, if you reported a defect to the company during the warranty period and the product wasn't fixed properly, the company must correct the problem, even if your warranty...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Patents</title><link>http://www.smallbusinessnotes.com/managing-your-business/patents.html</link><description><![CDATA[ Essentially, a patent protects an invention. Inventions include any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement on any of the above. The word process primarily includes industrial or technical processes or methods. The term &amp;quot;composition of matter&amp;quot; relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. This definition includes practically everything which is made by man and the processes for making the products. However, the courts have ruled that the laws of nature, physical phenomena and abstract ideas are not patentable. A patent...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Offering Service  Contracts</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-offering-service-contracts.html</link><description><![CDATA[ A service contract is an optional agreement for product service that customers sometimes buy. It provides additional protection beyond what the warranty offers on the product. Service contracts are similar to warranties in that both concern service for a product. However, there are differences between warranties and service contracts. Warranties come with a product and are included in the purchase price. In the language of the Act, warranties are &amp;quot;part of the basis of the bargain&amp;quot; Service contracts, on the other hand, are agreements that are separate from the contract or sale of the product. They are separate either...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>U.S. Department of Labor Definition of a Trade Secret</title><link>http://www.smallbusinessnotes.com/managing-your-business/us-department-of-labor-definition-of-a-trade-secret.html</link><description><![CDATA[ Any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers. It differs from other secret information in a business in that it is not simply information as to single or ephemeral events in the conduct of the business, as, for example, the amount or other terms...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Copyrights</title><link>http://www.smallbusinessnotes.com/managing-your-business/copyrights.html</link><description><![CDATA[ Copyright is a form of protection provided by the laws of the United States to the authors of &amp;quot;original works of authorship,&amp;quot; including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. A copyright is the exclusive, legally secured right to reproduce (as by writing or printing), publish, and sell the matter and form of a literary, musical, or artistic work (as by dramatizing, novelizing, performing or reciting in public, or filming)...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Stating Terms  and Conditions of Your Written Warranty</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-stating-terms-and-conditions-of-your-written-warranty.html</link><description><![CDATA[ The FTC's Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule) requires a written warranty on a consumer product that costs more than $15 to be clear, easy to read, and contain certain specified items of information about its coverage. To help you comply with the law and to make your warranty clear and easy to read, you may wish to refer to Writing Readable Warranties. Basic Information Required for All Warranties Under the FTC's Disclosure Rule, there are five basic aspects of coverage that your warranty must describe. It is useful to think...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Making Your Warranty Visually Clear and Attractive</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-making-your-warranty-visually-clear-and-attractive.html</link><description><![CDATA[ Once you have organized your ideas, properly titled your warranty, and written the provisions in simple, easily understood language, you should think about making the warranty document visually clear and attractive. Good graphic design, which need not be expensive, can greatly enhance the readability of your warranty. Visual clarity and attractiveness in a printed document involve a number of elements of graphic design, including: typesize, typeface, and weight of type; leading (blank space between lines); line length; margins; white space; color (of both the type and the paper); capital letters; and illustrations. Typesize. Typesize is one of the most...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: How to Make Your Writing Style Personal</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-how-to-make-your-writing-style-personal.html</link><description><![CDATA[ An impersonal style makes the writer sound anonymous or indifferent. A personal style allows your message to come through clearly. It always indicates who is doing the talking (&amp;quot;we&amp;quot; - the company), who is being spoken to (&amp;quot;you&amp;quot; - the customer), and who is responsible for doing what. To make your writing style more personal, use personal pronouns. For example, you can refer to the company as &amp;quot;we&amp;quot; and to the customer as &amp;quot;you.&amp;quot; Many people do not understand the word &amp;quot;warrantor&amp;quot;; they are not sure to whom terms like &amp;quot;owner,&amp;quot; &amp;quot;user,&amp;quot; or &amp;quot;consumer refer. On the other hand,...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Consumer Rights</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-consumer-rights.html</link><description><![CDATA[ When you make a major purchase, the manufacturer or seller makes an important promise to stand behind the product. It's called a warranty. Federal law requires that warranties be available for you to read before you buy even when you're shopping by catalog or on the Internet. Coverage varies, so you can compare the extent of warranty coverage just as you compare the style, price, and other characteristics of products. Written Warranties Although not required by law, written warranties come with most major purchases. When comparing written warranties, keep the following in mind: How long does the warranty last?...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: What Your Warranty Should Include</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-what-your-warranty-should-include.html</link><description><![CDATA[ By law, a written warranty must contain certain basic information about its coverage. Your warranty must include information about: what parts of the product or what types of problems the warranty covers (and, if necessary for clarity, what parts or problems it does not cover); what the period of coverage is; what you will do to correct problems (and, if necessary for clarity, what you will not do); how the customer can get warranty service; and how state law may affect certain provisions of the warranty In addition, if there are limitations or conditions on the warranty coverage you...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>How to Choose the Legal Form of a Business</title><link>http://www.smallbusinessnotes.com/managing-your-business/how-to-choose-the-legal-form-of-a-business.html</link><description><![CDATA[ When organizing a new business, one can choose to operate as a sole proprietor, a partnership, a corporation, or as a limited liability company (LLC). Which is best for your business? To decide on the right the legal form for your business: Decide whether you are running this business by yourself or with others involved If by yourself, you will be running a sole proprietorship. Is it more important to you to have a simple business and tax structure or less personal liability for debts and corporate judgements? If you want a simple business and tax structure with more...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: What the Magnuson-Moss Act Does Not Allow</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-what-the-magnuson-moss-act-does-not-allow.html</link><description><![CDATA[ There are three prohibitions under the Magnuson-Moss Act. They involve implied warranties, so-called &amp;quot;tie-in sales&amp;quot; provisions, and deceptive or misleading warranty terms. Disclaimer or Modification of Implied Warranties The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written warranty is, your customers always will receive the basic protection of the implied warranty of merchantability. This is explained in Understanding Warranties. There is one permissible modification of implied warranties, however. If you offer a &amp;quot;limited&amp;quot; written warranty, the law allows you to include a...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Specific Information Required When Your Warranty Contains Certain Optional Terms and Conditions</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-specific-information-required-when-your-warranty-contains-certain-optional-terms-and-conditions.html</link><description><![CDATA[ Generally, if you wish to impose on your customers any obligations other than notifying you that they need service, you must state these obligations in your warranty. Also, if you wish to establish any other conditions, limitations, or terms that you intend to enforce, you must state them in your warranty; you cannot have &amp;quot;hidden&amp;quot; requirements. An example of such a condition or limitation would be a provision voiding the warranty if the serial number on the product is defaced. There are also a number of other disclosures you must make in your warranty if it contains certain optional...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Understanding  Warranties</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-understanding-warranties.html</link><description><![CDATA[ Generally, a warranty is your promise, as a manufacturer or seller, to stand behind your product. It is a statement about the integrity of your product and about your commitment to correct problems when your product fails. The law recognizes two basic kinds of warranties - implied warranties and express warranties. Implied Warranties Implied warranties are unspoken, unwritten promises, created by state law, that go from you, as a seller or merchant, to your customers. Implied warranties are based upon the common law principle of &amp;quot;fair value for money spent,&amp;quot; There are two types of implied warranties that occur...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: Organizing a Written Warranty</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-organizing-a-written-warranty.html</link><description><![CDATA[ A written warranty is a legal document in which you set out what you promise to do if something goes wrong with your product. Clear organization makes it easier for consumers to compare what you promise in your warranty with what others promise in their warranties. Only by comparing warranties on similar products can consumers decide which warranty offers the coverage that most closely meets their needs. A written warranty is also a guide for customers to use to find out what to do when something goes wrong with the product. When this happens, customers understandably want to find...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item><item><title>Warranties: How the Magnuson Moss Act May Affect Warranty Disputes</title><link>http://www.smallbusinessnotes.com/managing-your-business/warranties-how-the-magnuson-moss-act-may-affect-warranty-disputes.html</link><description><![CDATA[ Two other features of the Magnuson-Moss Warranty Act are also important to warrantors. First, the Act makes it easier for consumers to take an unresolved warranty problem to court. Second, it encourages companies to use a less formal, and therefore less costly, alternative to legal proceedings. Such alternatives, known as dispute resolution mechanisms, often can be used to settle warranty complaints before they reach litigation. Consumer Lawsuits The Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover court costs and...]]></description><pubDate>November  1, 2010  5:15 PM</pubDate></item></rss>