Wednesday, January 2, 2019
Business Regulations
Business Entities, Laws, and Regulations Paper Dorian Rowe passenger vehicle/415 Shaun Koenig November 14, 2011 Businesses in every intentness submit to deal with entities, laws, and regulations. Management teams have to take into account items such as take c areation of lock, tax incomeation, and financial obligation issues among others. The purpose of this composing is to discuss the restaurant/bar, professional practice, and twisting scenarios. For apiece scenario the short letter entity that represents the outstrip quality for each calling organisation, leave behindpower structure, taxation, and liability issues for reflexion. realization of laws and regulations each origin must analyse in get-go the wrinkle, and identification of risks against which each business must protect itself allow also be examined for each scenario. Scenario 1 Cynthia and Mark plan to open a sports bar and restaurant where customers socialize and remain sporting events on mammoth- screen TVs that hang slightly the bar. They do not have more money, entirely they do have Sandra, a wealthy investor who does not have clipping to participate in the business, but regards to go away capital to start the business in return for a percentage ownership (University of Phoenix, 2010).The business entity that represents the best choice for this business is a general coalition that ii or more batch quarter on a lower floorframe. Taking control would consist with the three co-owners to make a partnership placement in which each partner has passable rights in which to participate in the managing and commanding of the business. A majority rules over disagreements indoors the partnership situation and amendments to the agreement would choose consent from all three owners. apiece individual is responsible for his or her tax forms.Liability issues that should be taken into consideration include the un particular personal liability for company loses, for a part ners debts, for a partners transgressions. Laws and regulations the business must consider in starting the business deal with duration that technically a general partnership terminates with drug withdrawal of a co-owner, death or disability and sharing lolly. Scenario 2 Renaldo and Naomi have reasonable completed all educational and experiential submitments to be licensed as obstetricians. They unavoidableness to open a birth clinic together.They will take protrude a large loan to pay start-up costs (University of Phoenix, 2010). Renaldo and Naomi are newly license as obstetricians and want to open a birth clinic together. both will need to take out a huge loan to finance their start-up amounts. Renaldo and Naomi would be best to create a limited liability partnership (LLP) to rig out their business. By forming the LLP, the partners protect themselves from liability beyond their initial capital contribution should the partnership fail or face a lawsuit.Members of an LLP are also not personally liable for the malpractice of one partner and states require LLP to carry substantial liability damages in exchange for this limited liability. The limited liability protects Renaldo and Naomi from taking personal debt instrument for the loan they will take out should the business become insolvent (Cheeseman, 2010). Forming an LLP go steadys that Renaldo and Naomi carry control of their business because they are the notwithstanding shareholders. For tax purposes, an LLP is not taxed as a separate entity so Akiva Renaldo and Naomi will notwithstanding pay tax for the business profits on their individual tax returns.To form their LLP, Renaldo and Naomi will need to write and excite articles of partnership in the state in which they wish to operate. If they choose to conduct business in another state, they will prototypical need to register as a foreign LLP with that state. Organizing their business as a limited liability partnership offers Renaldo and Naom i the best combination of liability protection, tax benefits, and control of their business (Cheeseman, 2010). Scenario 3 Mei-Lin is the hiring manager for Surebuild, Inc. , a new construction company. She has advertised a position as a air hammer street girl.The positions description states that the favored applicant must have a noble take aim sheepskin. The following people apply for the position Donna, 35, who appears to be meaning(a), is a high school school graduate, and was formerly occupied as a air hammer operator Duane, 55, who is have a go at itd with a jackhammer, but has no high school diploma Rick, who is 38, does not speak English, has no high school diploma, but is devourd with a jackhammer and Jennifer, 23, a college graduate, who is epileptic and has no experience with a jackhammer (University of Phoenix, 2010).Duane and Rick automatically do not qualify because they do not have a high school diploma that is a condition requirement in the job descriptio n. Donna and Jennifer do because they each have a diploma and from there the employee with the most experience should be filld. As an epileptic the Americans with Disabilities Act (ADA) protects Jennifer, but because Donna has experience and Jennifer does not Donna is more qualified. Although Donna is pregnant the employment law and regulation with which the business must comply in qualification a decision would be the revise 1964 Pregnancy favouritism Act from the claim VII of the Civil Rights Act.The Pregnancy contrast Act covers employers with more than 15 employees including local and state government governments, employment agencies, grind organizations. The basis of pregnancy, childbirth, or related medical checkup conditions constitutes unlawful sex discrimination under Title VII, and to the federal government. The Pregnancy Discrimination Act says that an employer simply cannot refuse to hire a woman who is pregnant because of pregnancy, pregnancy-related conditions or because of the bias of fellow coworkers or customers.In this scenario Donna is fully qualified for the job because of her high school diploma and her previous experience as a jackhammer operator, hence pregnancy cannot be the reason she is not hired. Each business decision is remarkable and requires research to determine what solution is separate for the business. Every organization must consider the different types of business entities, laws, and regulations before and during operating. Laws and regulations earmark the framework to compliance of local, state, and federal business laws.Stakeholder understanding and knowledge of these laws is essential to compliance. document training and retraining of management and employees should ensure compliance. References Cheeseman, H. R. (2010). The legal environment of business and online physician (6th ed. ). Retrieved from https//ecampus. phoenix. edu/content/eBookLibrary2/content/TOC. aspx? assetdataid=fb9bdcea-ca02-48cc-b883-c1 cf12695559&assetmetaid=61859383-2c36-48f5-8ac2-4a24e5c61e14 University of Phoenix. (2010). Syllabus. Retrieved from University of Phoenix, BUS 415 website
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