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Choosing an LLC agent

It is usually considered a must for your LLC to have a registered agent associated with it. Of course, it’s not compulsory, but it is not recommended to do the paperwork for your own company by yourself unless you specialize in processing LLC papers.

The first thing to note while choosing a representative is not to choose based on the fee someone charges. Remember, true worth of someone is as much as you judge him/her to be. It is always a good idea to choose based on what you hear from others. Use your business contacts to your advantage. Gather knowledge on who they prefer. You can generally have a clear idea on how good an agent is based on what others perceive about him.

Most LLC agents have a website or online portal for their work but if you really want to be sure, it is best to visit their physical office as well. Not only can you get how some person works by visiting their workplace, you can usually get a holding of how efficiently they handle their working based on how organized their personal workplace is. Remember, at the end of the day, it is you who has to deal with that person for matters very sensitive to your business. Choose someone who you are absolutely comfortable working with.

Always ask questions. You have to understand you are hiring someone and unless you clarify on what you actually want from someone, you will never understand what their strengths and weaknesses are. Pose scenarios and ask them theoretical questions on how they would respond to situations in a business. Always make sure to know about the working hours. You never know what emergency might arise when, so make sure to clarify if he would be available at the dead of the night if so required. Finally, make your decision. It is a very important part of any business, so do not be light hearted about it.

Consumer protection Act

In recent times, the consumer protection act has been the cause for quite a bit of excitement on the part of both the retailer as well as the buyer for obvious reasons. Of course, even though the act itself has already been implemented, there still remain cases where you have to sign a no refund paper. Why is this you ask? We shall examine presently.

There are several clauses with respect to the Consumer Protection Act, however, what it generally states is the fact that unless you are a buyer who has bought an item based on the fact that you have not seen it with your eyes, you can have it returned. In crux, unless you are a recipient of direct marketing in respect to a device that you are buying, you would not be admissible for the right to use the Act where it relates to the cooling off period.

In the same context, you can only claim a refund to something only if you have ordered it in advance and had cancelled the above said advance on time. If you buy something over the counter and take it home with you, the only way you can actually enforce the act to your advantage is if the sample you examined before buying it does not correspond with what you took home with you. This is because if you buy something directly, it is assumed that you did so understanding in totality the full functions and the nature of the good you were getting.

Also, a full return for a good obtained is only applicable for 10 days after delivery and that also if the good received is not suitable for the purpose for which it was bought. Furthermore, the right is also subject to whether the original packaging was still valid, if the product was returned in the condition it was obtained in and finally, to the restocking cost of the supplier. In short, no law is absolute. You have to examine your personal circumstance to understand if it applies to you.

Filing an annual report

According to the Tennessee Law, every company is liable to file a report with the Secretary of State for each fiscal year. The usual process for filing it is done via mail, but in recent times, it is possible to have it filed online as well- just that the online filling up of details requires an additional fee of $8.25 and the payment has to be made via a card. There is no fixed person who has to do the job. Any official who is related to the company is authorized to do it.

At one point, it was rather hard to know what actually to do while filing the report, but recently, due to the proper format of the same being available from the website of the Secretary of the State, it has become much easier. It is to be noted that the information that is actually sent in does not contain transaction related details, rather the general information including the address of a LLC, the name of the registered agent, the list of officers in the company and the complete list of its members.

While filing an annual report, any LLC is required to pay a fee which varies from a minimum of $300, with an additional of $50 with each employee up to a maximum of $3000. Of course, it varies depending on whether the company in question is a domestic or a foreign one.

An important point to note while filing a report is that it has to be filed within 4 months of the end of a fiscal year. Since a usual fiscal year ends on 31st December, the tentative last date for filing a report is on or before the 1st of April next year. There are no penalties as such involved with the late payment of fees. However, if the necessary payment is not made within 60 days from the end of the tentative date, the LLC is administratively cancelled.

Hiring a drunk driving attorney

Ever been in a drunk driving experience? If yes, you definitely need to read this. The first thing that needs to be kept in mind while considering a drunk driving case is the fact that everyone is unique. While your friend might have been in one himself, taking advice from him can be a bad idea. Remember, every judge is different, as is the case which concerns the driving itself. It is usually a good idea not to be your own attorney. If you do not have much experience in the field, you would not know the proper way of speaking in a court, would not know when to actually call for an objection or how to pose a question. In the worst case, the judge assigned to you might consider that you have very little respect for the law and an open and shut case can take the turn for the worst case scenario.

It is the work of your lawyer to see to the fact that you come out with the minimum possible scratch on you. While this can range from the suspension of your driver’s license to probationary work to even jail time, remember, it could have been much worse in the event if you were not represented properly. Not all judges are sympathetic to the cases of the victims and as such, might not take in a good light if you do not have the proper defense. Would it not be a better idea to employ the necessary legal aid, if only for the peace of your mind?

Ready yourself with knowledge of the common courtroom jargon while standing trial. It might help you in more ways than one. Have a talk with your lawyer beforehand to finalize on these small things. Moreover, always make sure that you get help from someone you are absolutely comfortable working with. It is your life- handle it carefully.

Legal terms

We all hear terms which seem like out of this world when we hear case studies. Terms like ‘mandamus’, ‘certiorari, ‘prohibition’ or “quo warranto” are extremely pertinent to the students of law. But for the general public, it seems like meaningless jargon. Here we shall cover what they actually mean.

· Mandamus-
Mandamus is an order which seeks to correct the unfair practises that come with the abuse of power. It might so happen that a public body, corporation or a government official tries to exercise the powers conferred upon him/them for their personal gain. That is when any person who is wronged by the unfair practise might call upon the court of law to confer mandamus on the wrongful body.

· Certiorari-
Certiorari is one of the most common forms of writs issued by the US Court of Law. It is issued by a higher court to a lower court so as to request the lower court to produce its records on a particular case for a review by the higher court. These are used for cases which only a higher court has the right to review and as such are mostly used for non-appealable cases.

· Prohibition-
Prohibition is used to basically stop someone from carrying out an activity which they had been doing, either temporarily or permanently. In practise, it is usually used in order to prohibit a group or person from taking some prospective derogatory decision.

· Quo warranto-
Quo warranto is a Latin term which literally translates as “by what authority”. It is an order conferred by the court upon an administrative body or another court of law to prevent them from taking a decision on matters which are outside their scope of jurisdiction. When quo warranto is issued, the person being constrained usually moves the court to know what the cause for which they are being restrained is.