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Sunday, March 10, 2019

Business Entities, Laws, and Regulations Paper Essay

There be different scenarios with three different work outs of entities that require taking control, taxation, and possible liability issues into account. These considerations leave behind not only serve to en sure compliance is met however also so that individually establishment is protected. In the first scenario Lou and Jose computer program to vindicated a restaurant/sports bar, the issue is that they reach not accumulated of the money, but Miriam, a prosperous investor is volitioning to contribute the funds although she doesnt harbor time to be physically involved in the tune.In the second scenario Frank happens to be a wealthy investor who has a system to open up a chain of exterminating melodic linees through extinct the United States. The ternion scenario is Akiva and Tara wants to open a licensed obstetrician office, they will take out a loan for startup costs. The fourth and final scenario a bodily structure club is hiring and has specific job essenti als that mustiness be met in entrap to be selected as the final candidate. Restaurant/Bar Lou and Jose plan to open a sport bar/restaurant, a place where customer will be able to socialize while watching sports on large-screen TVs.The major(ip) issue is that Lou and Jose do not look at the funds to put these plans to action. tho they do know of a wealthy investor Miriam, who is willing to invest her wealth in making the sport bar/restaurant happen. Miriam doesnt corroborate much time to be involved in the mean solar day to day operation but is willing provide capital in concede for a percent sequence of ownership. It is at Lous and Joses best evoke to kick in their business a Limited compact business. A check partnership is the best option for Lou and Jose since they arrive at one partner who will invest capital but will not participate in management (Cheeseman, 2010).In club to do so Lou and Jose must register for a certificate of Limited Partnership through the sec retary of take and must comply with the statutory requirement of the RULPA (Revised Uniform Limited Partnership Act) (Cheeseman, 2010). Once the certificate of modified partnership is filed a limited partnership is formed. Each partner will be amenable for filing his or her own tax information and they will also be responsible for the reporting of the corporation tax information as a whole. extinguishing business scenarioFrank is a prosperous investor who would like to open a chain of exterminating businesses throughout the United States. Since Frank is interested in crack several establishments throughout the United States, the best option for him would be to arrive his business set up as a franchise business. In his particular case a chain-style franchise would be more beneficial as this would allow each establishment to make and sell its serve to the public in the different parts of the country. Frank as the franchisor would be responsible for his own contracts and torts and the franchisee is liable for his own contracts and torts.Each prospect franchisee would have to apply with franchisor for a franchise. If approved the parties would enter a franchise correspondence and the franchisor and franchisee would be set up as discriminate entities. Therefore each operation owner is responsible for filing his or her tax documents and ensuring that they are in compliance. Professional Practice Akiva and Tara have completed all the requirements essential for them to open up their own obstetricians office. Since Akiva and Tara are right newly out of the medical field, I think that they may want to consider having an LLC. A limited liability social club (LLC) is an unincorporated business entity that combines the most favorable attributes of general partnerships, limited partnerships, and corporations.An LLC is taxed as a partnership unless it chooses to be taxed as a corporation, the owners can manage the business, and the owners have limited liability . Many entrepreneurs who begin new businesses choose the LLC as their legal form for conducting business (Cheeseman, 2010. P. 267). An LLC is a separate legal unit (or legal individual) separate from its associates.LLCs can sue or be sued by people who have entered into a legal contract. Construction Scenario In this scenario Surebuild, Inc is a new reflexion company and Mei-Lin is the hiring manager and is found in the middle of a quandary of which candidates to interview as she has specifically stated in the description that a eminent school diploma is need from that of the triple-crown candidate. The first issue Surebuild, Inc necessarily to do is to hire a Human Resource carriage to ensure that Surebuild is in compliance with the federal, state, and local government.Regarding the appliers that have applied Surebuild needs to avoid making any decision that may violate contrast of sex, age, line of business of nationality. One of the applicants is Michelle, who is 35 yea rs of age who shows to be large(predicate) and happens to be a high school calibrate, and was once employed as a jackhammer operator. In this case Surebuild, Inc need to make sure there is no discrimination against Michelle since she is a female who happens to be gravid or the company will be liable and probably sued. in particular beca habituate Michelle has met the requirement listed as a qualification for a successful candidate. patronage VII of the Civil Rights Act of 1964 was enacted to eliminate job discrimination base on race, color, religion, sex, and national origin. Another applicant is Eric who is 55 years of age who has experience with a jackhammer without a high school diploma. In this case if the company is specifically looking for experience on the jackhammer they need to focus on that and make their decision based on the same and not on Erics age because then they would be committing discrimination against age.The defense the company can have is that Eric does n ot have a high school diploma a specific requirement that must be met. Felipe is a 38 year old applicant who does not let out any English and also has no high school diploma. The requirement for this position also states that the candidate is required to have a high school diploma, something Felipe does not have. The fact that Felipe does not speak English can be seen as a discrimination of origin of nationality but the company has proof that the applicant did not meet the requirements as he does not have a high school diploma.The get going applicant is slit a 23 year old college graduate who happens to be epileptic, and no experience with a jackhammer. Under the Title I of the ADA states that employment discrimination against individuals who are qualified with disabilities in reckon to job application procedures, hiring compensation, training, promotion and termination is prohibited. Cheeseman, 2010. In this case the company should interview Nick as they would any possible cand idate and make their determination based on their job requirements and the positions requirements.In this case he has more than a high school diploma but lacks the experience, he can be given training and maybe learn how to use a jackhammer but if the job cannot accommodate his epileptic check up on and or will he be at a higher(prenominal) risk of injury because of the type of job then the company. Every companys top priority for its employees is to ensure the safety of its employees and if Nicks elliptical look into can cause severe injury to him or those around him while working on the jackhammer then the company needs to make a decision of not hiring Nick.Should they hire him with his condition and an accident takes place that causes major injury to Nick or another employee the company can be liable and required to pay the expenses, medical bills, and punitive damages. The company can possibly thus far be sued. Everyone business has a responsibility of ensuring that not only are they in compliance with the secretary of state when it comes to the proper registration of their business but they also have a huge responsibility to society, its employees, and to themselves.It is all-important(a) that every business understand that there are federal, state, and local regulations they must abide by in order to avoid liability and possibly law suits. It is also important that they abide by them in order to give fair and proper treatment to its personnel as those are the individuals that drive the company and most of the times make it a successful business. This not only is beneficial to the company but to the employees and to our world economy.

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