Posts Tagged ‘Law’

What is an Ontario Certificate of Good Standing

Posted in Small Business on November 21st, 2011 by Holly Crosgrey – Be the first to comment

A Certificate of Status is sometimes called a Certificate of Compliance or a Certificate of Good Standing and in Ontario a Certificate of Status is issued by the Ontario Ministry of Government Services. All companies can obtain a Certificate of Status in the jurisdiction in which they have been incorporated.

Certificates of Status are issued when you need to provide some institution or person with confirmation that your Ontario company is in good standing and is up-to-date in its filings.

If you obtain an Ontario Certificate of Status it will show the following: (a) the current name of the corporation; (b) the number assigned to the corporation by the government called the Ontario Corporation Number; and (b) whether or not the corporation is in good standing.

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Ontario companies must file federal tax returns each year and if those returns are not filed for many years the federal government will eventually dissolve the company. If a company has been dissolved it will not be able to receive a clear Certificate of Status.

An Ontario company has a statute requirement to file an annual return each year and it the return is not filed the company will end up being dissolved by the Companies Branch. A clear Certificate of Status cannot be obtained if a company is in default of not filing its annual returns.

When an Ontario Certificate of Status is issued for a corporation and the certificate shows that the company is not in good standing because of some filing it has not made, money is not refunded. It will be necessary for that corporation to update its filings before it can receive a Certificate of Status which indicates the corporation is in good standing. These certificates are costly because the government charges more to certify any kind of document. The corporation will then have to ensure all of its filings are up-to-date in order to obtain the Certificate of Status it needs. It is a good idea to know before the Ontario Certificate of Status is ordered whether the corporation has done all of its annual return filings. If the corporation has not filed all of its federal tax returns it can still obtain an Ontario Certificate of Status just as long as too many years have not gone by and the corporation has then been dissolved.

A Certificate of Status is not an Ontario corporate search. If you are trying to determine information about an Ontario company you should have an Ontario Corporate Profile search done rather than ordering a Certificate of Status.

Certificates of Status are sometimes required by banks, law firms, individuals on the other side of a corporate deals whereby the company might be sold, when the corporation registers a car, when a company buys property, or numerous other reasons. Any person or institution that an Ontario company is dealing with may ask the directors and officers to provide them with a Certificate of Status to ensure the company is in good standing with the Ontario government.

Resources for Canadian Business Owners provides information about Certificates of Status for Ontario Companies and other legal products.

Divorce – No Lawyers, No Fees

Posted in Home Based Business on April 23rd, 2011 by Adrianna Noton – Be the first to comment

When a marriage has been falling apart for quite some time, divorce is often the only option left for the couple. Getting a legal separation is a task that sometimes drags on for months and even years though. All things must be dealt with on the legal level, such as who will take custody of the children, how the marital assets will be divided, even the consideration of child support and alimony payments must be dealt with. For these very reasons, most people run out to hire legal representation before doing anything else.

When lawyers are hired and become involved in the matter you will be given many different options as to how you will approach the situation. Most of these options are pretty cheap but ideally everyone wants to get through this type of thing without even needing attorneys.

These cases can sometimes drag on for extended periods of time and when a lawyer is involved this translates to lots of money being spent for representation on both sides.

One specific options most people have they never know about and it is one that can be the cheapest to take in addition to not requiring the services of a lawyer what so ever. You will here this often referred to as a Pro Se divorce or more commonly do-it-yourself. While this is a great options for many people, depending on your situation it may not be the most effective for you.

Among the many factors you must consider before determining if this is the right type of filing status for you, are there any children involved that custody will need to be determined by a judge and are there any marital assets that need to be divided because neither party is in agreement?

What is meant by uncontested is that you won’t be having a judge divide assets or debts. This many include things like retirement accounts, investments of any kind and even stocks you have purchased during the marriage. If these things must be dealt with legally than the Pro Se options will not work for you because you will need legal representation to clear these matters up.

For this type of separation to work best it is usually in the best interest of both parties for them both to file a Pro Se divorce rather than one side hire a lawyer while the other does not. Military divorces, however, must be done with a lawyer because they tend to be far more complicated even if the separation is uncontested. Alimony is another factor that can not be on the table in order to file this way.

Just as mentioned above, a Pro Se divorce can be significantly less expensive than most other options you will have as long as you fall within the range of situations that qualifies you to file this way. As long as the legal dissolving of the marriage is uncontested by both parties and there are no complications involved you should be able to get the matter cleared up quickly and efficiently. Make sure not only you but also your spouse are in agreement on the matter at hand so that things go much smoother as well since this will work best without any Divorce services attorneys involved. If either side does end up needing to hire legal council than you should definitely choose a different option for filing.

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Defining What Is The Role Of A Criminal Lawyer

Posted in Site Promotion on April 21st, 2011 by Adriana Noton – Be the first to comment

When thinking of what is the role of a criminal lawyer, people often have one of two images in their heads. They either envision some form of “white knight”, defending the poor and wrongly accused against bureaucracy and corruption, or a slimy attorney trying to find loopholes in the law to keep every guilty criminal back on the streets. However, both these images are extremely inaccurate. The following article will take a closer look at just what is the role of a criminal lawyer, to help you better understand exactly what their job is, and where they fall in the legal system.

Negotiating Plea Bargains

In a basic, literal sense, a criminal lawyer’s role is to negotiate with the judges and prosecutors on behalf of a client. But unlike many people envision, this does not mean that they look to bring every case to court and return an innocent verdict. In fact, very few defendants even see a courtroom. A competent defense lawyer knows how to resolve cases with plea bargaining, getting a client to admit to a lesser crime instead of trying to sell a jury on their innocence. It is their job to be able to convince a defendant that sometimes it can be better to just own up to your actions than to try to get out of a sentence and end up with a worse one because no jury will believe you.

Collaborating with the Prosecution

Despite what many people think, prosecutors and defense attorneys are not always on opposing sides. While they do fight each other in court, and often disagree on appropriate actions to take with defendants, in many cases they do attempt to reach common ground to benefit everyone. A lot of a criminal lawyer’s work is trading papers and evidence with the prosecutors in order to be able to fairly negotiate a settlement that will be agreeable to both the defendant’s interests and the interests of the alleged victims.

Going to Trial

Still, it is true that there are times where a case must be tried in front of a judge and jury. Although this is occasionally because of the insistence of a defendant, it is usually because the defense attorney is unable to find enough proof that the defendant is actually guilty as charged. The defender is not trying to put a guilty man on the street, but rather to keep an innocent man out of prison. Sometimes this can even mean arguing at trial for a lesser sentence, as evidence may strongly point to one crime but not another, therefore attempting to make the sentence fair. It is because of this that we can see the criminal lawyer’s role is not actually to prove a client’s innocence, but rather to point out the holes and flaws in evidence or in the argument for his or her guilt, making the jury reconsider whether there is really enough proof of guilt to justify someone losing twenty years of their life in prison.

As is obvious, there is no one way to look at what is the role of a criminal lawyer. Many factors come into play, showing that a criminal lawyer is neither a foul villain nor a great hero. A lawyer is simply one piece to the puzzle that comes together to create a fair and balanced legal system for everyone.

If you are looking for a criminal defence lawyer toronto or toronto criminal lawyer in Toronto contact Donna V Pledge Barrister & Solicitor 1013 Wilson Avenue Suite 203 Toronto ON M3K 1G1 (416) 630-8702

Finding The Competent Estate Lawyer Is Important

Posted in Home Based Business on April 18th, 2011 by Adrianna Noton – Be the first to comment

Contact an estate lawyer who is experienced in creating estate plans such as wills and living trusts and other asset protection instruments. Most men and women do not like discussing end of life issues but such events must be brought up in order to assure the rights of loved ones who will stay behind once the estate holder leaves this world. Most people report that once they have an effective asset protection plan in place that they have peace of mind.

If a person dies intestate, without a will or living trust in place, the state will determine who receives the decedent’s assets. A trust and a will are legal documents that name the people that the trust holder and the creator of the will choose to receive their assets upon their death. A will is a simple document that can be created without the help of an attorney but the living trust should be created with the help of an attorney.

The living trust must be properly written and properly funded so when the owner of trust passes away the transfer of assets can be made smoothly and without incident. The owner of the trust is referred to as the trustee. Basically, the owner of the trust is holding assets in trust for the benefit of the person who is named in the trust who will receive named assets at the death of the trustee.

The living trust is a popular asset protection plan for one major reason which is probate avoidance. Probate is the court process that all wills must go through before a will is determined to be legally binding. A will is different from a trust in that the will is a written document that outlines a person’s wishes of who is to receive his assets upon the will writer’s death.

Before a will can be legally binding the will’s authenticity must be validated. The process where the will is examined is called the probate process and can take months to complete. In some extreme cases the probate process can take one or more years to complete.

Probate reduces the amount of assets the beneficiary receives because the probate court charges a fee and lawyers have to be paid. The probate court and lawyer fees come out of the assets left by the decedent. But in reality the beneficiaries pay for court costs and legal fees.

The trust has be be funded which only means that the title of the trust assets must be renamed to reflect the intentions of the holder of the trust. So if a piece of real property is added to the trust the title must be shown to be held by the trust and not by the owner of the trust. Transferring title to the name of the trust is a simple procedure but many people who create their own trust fail to do this essential step.

Hire a Real Estate Lawyer Brampton to prepare a living trust because a trust must be properly written and properly funded in order for it to take proper effect at the time of the death of the trust owner. Many people try to create their own living trust because they do not want to pay legal fees. However, many would be beneficiaries find out that the living trust that was supposed to transfer assets to their name was not created properly and is therefore invalid.

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Different Kinds Of Steel Buildings

Posted in Home Based Business on April 10th, 2011 by Adriana Noton – Be the first to comment

There are a great variety of ways to make a building, depending on what kind of design you want, how much money you have, and what it will be used for. They are often made of metal, plastic, wood, or many other materials. Below is some information on steel buildings, their different types and uses, and their advantages and disadvantages.

Quonset Hut

This is the simplest kind of all steel structures. The design is self supporting, with no interior posts or beams. The entire building will be in an arched shape. Older style models look like one complete arch, like a cylinder cut in half, whereas newer models have straight walls and an arched ceiling, similar to a mailbox. These kinds of buildings are generally used in warehouse settings where no insulation or interior decoration is needed. It is by far the cheapest type of structure, and is quite durable, both against weather and human interference. No heavy equipment is required to erect it, and it is easy to move if you only want a temporary building. Of course, it has its disadvantages in that it tends to be very limited in terms of size, as it gets very difficult to install if it gets too big. Also, since it looks rather unattractive, and doesn’t fit into a residential area, zoning restrictions may be a problem.

An I-Beam Building

This type is the most common, and the design is simple. Vertical steel beams are erected as trusses, while horizontal pieces of steel shaped like the letter “c” or the letter “z” are placed between them to support the structure. Insulation is then added, it is covered in sheeting, and doors and windows are installed. This tends to be used for industrial purposes given its simplicity, lack of limitations on size, and the fact that it does not often require interior posts to help sustain it. It is also not necessary to lay a sheet of cement for the foundation, making it excellent for something like a horseback riding area. Decoration and colors are limited, but they can still be done to some degree. The shape, however, cannot really change. It tends to stay limited to either a square or a rectangle, and the slope on the roof has to be quite shallow. It does need some heavy equipment to put up, and the cosmetic limitations can create zoning problems in certain areas.

Hybrid Buildings

As the name suggests, these contain both wood and metal. Because of this, they are the best option if when it comes to decoration or design. The trusses are still made of steel, but the support pieces in between are wooden, and the outer sheeting can be made of any material. Common choices may be steel, vinyl, or brick. If you are looking to build a residence, shop, church, or anything else that is made to be seen and look nice, this is an excellent choice. But it also costs the most. And due to the higher ceilings and thinner steel used to make it, it is often less energy efficient.

As is evident, these styles all contain advantages and disadvantages. If you wish to invest in Future Steel Buildings, make sure you look at why you want it, what your budget is, and your desired location before making a decision.

Future Steel Buildings specializes in providing steel buildings for residential and commercial applications across North America and world wide. Get future buildings review by clicking the link.

Bankruptcy And Student Loans Often Do Not Go Together

Posted in Home Based Business on March 18th, 2011 by Benjamin Wood – Be the first to comment

Whenever a person considers filing for personal bankruptcy and student loans make up a good part of their debt, there’s a good chance the loans won’t be discharged. This is on account of the government’s 1998 change in its rules regarding bankruptcy and student education loans. When financial institutions began losing dollars within the millions from student loans the ruling was made that they were non-dischargeable. Also when loans which had been federal government guaranteed were forgiven by way of banruptcy the government began losing millions of dollars too.

Today, the person claiming Chapter 7 bankruptcy has to show that an undue financial hardship will result if the loans are not discharged. In bankruptcy, student education loans are typically only partly discharged, even though most of it remains as a legal debt.

In other instances where bankruptcy and student education loans are reviewed, if the loans are discovered to have been sold repeatedly to other lenders and with changing interest rates it’s hard to decide an precise balance, some or the entire loan might be discharged.

A debtor can have both their unsecured and secured debt made part of a pay back strategy administered by a court trustee as supplied under a Chapter 13 Bankruptcy. Nevertheless, you have to ask a lawyer to make particular judgments about your loan to come across the best choice.

You will find very stringent criteria which need to be met in instances of bankruptcy involving student loans. One example is if monthly payments made over a five year period will be achievable based upon sufficient income to entirely pay off the debt.

How the issue of being capable of paying or not comes into play:

An example where the individual has a filed bankruptcy court debt of $100,000 would be broken down as follows: the trustee will break the monthly payments down to $1,667 per month for sixty months. If the person can’t show earnings of that quantity plus cash for every day living expenses, they may possibly be able to file Chapter 13 bankruptcy and have student loans included inside the amount.

Chapter 13 will not be permissible if there’s income for the payment to the court and expenses. If all fails and one can’t get student loans included in the bankruptcy, it may at last be achievable to use bankruptcy for other debts and as a result have far more cash available to deal with student loans.

Even if you file for bankruptcy you will almost certainly still end up with student education loans taking over a lot of your take home pay. It may possibly be possible after a bit of time has passed to acquire a lower rate and lower payment loan to aid with the burden of paying off the student loans.

It really is advisable for any of the people, pondering over these lines, in view of its significance and consequences, to refer to an experienced lawyer specializing within the field of bankruptcy. This is really a quite complex procedure and it demands experience and knowledge of the law to be able to safely navigate it for the best achievable outcome.

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Manage Online Reputation – Why It Is Needed

Posted in Marketing on January 7th, 2011 by Margaret Ferguson – Be the first to comment

All companies strive to create great brands. No one in their right minds will pay a lot of money for brands if its reputation is questionable. If a brand has been badmouthed to death like the Ford Pinto (1976), you cant sustain customers patronizing your products or services for long-term. You might as well just start over and instead of trying to rehabilitate it.

Your brand reputation not only guarantees respect from your market, which eventually translates to revenues. More than this, when the going gets tough and low sales leads your company being bought out by a competitor, your brand reputation can net you a windfall. That became clear when HP bought the Palm brand of cell phones for $1.2 billion, or when Tata Motors bought Jaguar and Land Rover from Ford for $2.3 billion. But can you find a buyer for a company whose brands have little or no sales? Chances are, you wont find anyone.

In the age of the internet, a presence in cyberspace now brings in as much revenues as traditional market channels. But along with an instant global market reach, your reputation online can be subject to all sorts of unfounded hearsays, negative rumours, unflattering product reviews, bad mouthing from disgruntled customers, employees, and even competitors in blogs and forum posts

You may select to ignore these. Apart from the fact that they basically can vanish as swiftly as they cropped up, these are probably not from people that are not influential enough that in can, in fact, damage the brand. Keep in mind, however, that it short bite-sized content that is tantamount to slander and libel from a ton of people can put all the hard work you put in your brand in jeopardy.

You could file lawsuits against these offending sites but legal recourse only attempts to compensate you for the damage if you win the case. And thats the problem in a nutshell since businesses dont really want to be compensated for any damage done to their brand reputation. Because such compensation will never reverse the damage done. You can win your case in court, but you lose the war in protecting you reputation.

Thats why companies with brand protection high in their priority maintain professionals who are tasked to manage online reputation with the diligence and online vigilance to keep them abreast of whats being said about their brand online. There are internet tools that do this tracking well. Once the slightest upsurge in negative content start to appear, they start harnessing search engine reputation management to neutralize the threat.

Managing web reputation means being proactive rather than reactive. Using proper SEO methods can guarantee that all the negative articles or reviews get pushed 5, 7, or even 10 pages down search results.

In essence, online reputation management means that you take care of your brand. Do something about it the minute you find bad content about your brand when searching for yourself using a major keyword. Hire search engine marketing specialists who have a proven track record at manage online reputation repair services to assist you with reputation management.

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Simple Ways to Conduct Reputation Management Online

Posted in Marketing on January 7th, 2011 by Terra Silva – Be the first to comment

A lot of individuals now have been utilizing the net for a lot of things. The truth is, it is an awesome digital universe for mom and pops who want to increase their market share to people just looking for the latest in celebrity news. It may be wonderful or downright ugly, but there will always be something for anyone in cyberspace.

How and why do some people relish the thought of pulling other people down and lambasting their character and reputation online? They do it by generating negative content, slander and libel, and a host of malicious posts. Some may be disgruntled employees and customers, wily competitors and even web wizards who frankly do it just for the heck of it.

Anyone of us can fall prey to negative forces online. But the good news is that we can manage online reputation. There are simple ways in which we can conduct reputation management online in order to do damage control.

One way would be to merely disregard all the defamatory posts. This may well sound completely reactive and it is possible that people might view this as avoidance. However, it’s life. Eventually things will blow over..you just have to give it time.

Alternatively, some folks go do the opposite of forgeting it ever happened and go straight to the courts. It’s a great way to scare people into stop talking defamation slander about you and your company but it is not a great way to conduct your reputation management online. Ultimately, these people end up realizing that it is a huge time-waster and can really burn a hole in your pockets. You don’t even know if you will end up winning the case. So much for brand protection, right?

This next alternative is kind of difficult to do on your own. In fact, it is best done by professionals who know their way around search engines and most especially have reputation management online repair services.

This just isn’t something that is possible to do by someone who dabbles in this from time to time. It will need you to use a team who will perform a variety of search engine reputation management methods. Creating content that is for your camp and will build a positive image is just one of them.

Looking for something that you can do yourself? Why don’t you register in social media websites and start talking to your customers and saying your piece? The websites that are typically used are Facebook, Twitter, and LinkedIn. Aside from this, you should also use Google Alerts, a free tool that can track all the mentions of your brand, your company, or yourself so you can keep tabs on what your market thinks of you. Small comments can quickly spiral out of control if you aren’t careful. If an angry influential posts a small comment, you might find yourself in a whirlwind of viral negativity that can potentially destroy your brand beyond belief. A popular brand is worth its weight in gold.. you don’t want that to just disappear without a moment’s notice.

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What You Can Do To Save Your Online Reputation

Posted in Marketing on January 4th, 2011 by David Mills – Be the first to comment

Your online business’s reputation is something you should not take lightly. It is more important than ever to have a reputable, functioning business today. With billions of visitors and users surfing the Web, you want to make sure your online business’s reputation is in tip top shape.

A professional image and reputation, no matter what your business is, online or offline is absolutely important. Some believe that it’s just an online business, who cares what people think? Actually a lot of people do. There are so many scams out there online targeting younger generations or the not so technologically savvy. Don’t let this be you.

Most brand and PR managers and marketers spend time monitoring a company’s reputation. A good marketing or PR campaign should be in place in order to boost your company’s image. It doesn’t matter what industry your business is in, or its purpose, chances are there are millions of people out there looking for what your business does. Marketing to and finding that audience is key.

Talking about all this branding and marketing is a waste if there is no drive behind it. Your online reputation leads to what you are in it for: revenue, hits, sponsors, readers, customers. Online marketing and PR campaigns are different than offline businesses. Offline businesses have PR people communicating with the public and potential customers face-to-face rather than through a computer screen. Online campaigns normally consist of surveys, a “customer review” section of the site, and even pop-ups.

As a result, since online business marketing and branding campaigns do not have the face-to-face interaction, it is easier for customers to post a review, positive or negative, on your site. But it doesn’t always stop there. This it’s the Internet. A disgruntled customer may post a negative comment on your site, then he or she may “tweet” it or post something on Facebook with the same negative comment. So that’s a double or even triple whammy.

All that sounds easy, right? Not quite. Remember how the whole pop-up marketing scheme failed. Most users and visitors find pop-ups annoying and they make it difficult to navigate your site. If a user gets annoyed enough, they may give up trying to navigate your site and never visit it again. Bad move.

So what can you do to save your online reputation? This part is simple. Push down any unwanted or negative posts or comments in the search engine results. This can be done easily by posting more content to your site or have articles written about your product or service. Posting content usually includes blogs or press releases. This is a positive thing as it will attract new readers and potential customers and will maximize SEO.

Thankfully there are ways to help improve your company’s image even when you can’t control what people post or how much. Grabbing a hold of these strategies and maximizing SEO is extremely important. Keep in mind that with the amount of competition out there on the Web, it’s important to stay ahead of the game and improve your online reputation wherever possible.

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Why It Is Necessary To Protect Your Online Reputation

Posted in Marketing on January 3rd, 2011 by Felix Ellis – Be the first to comment

If you misplace an item or anything that you own, there’s no need to worry about retrieving or recovering it. You can just repurchase the item to have it again. It may be a hassle for but the recovery is as simple as one, two, and three. However, this is not the case with reputation. Once this is lost, it is difficult to really know what to do. Losing reputation and credibility has happened to several companies with established names and they eventually lose the trust given to them by the market.

For this reason, many companies spend a lot for brand protection – to shield and maintain the reputation of their brand name. If some products have issues in terms of safety, companies would even resort to recalling them. This is the usual scenario in car companies, drug companies as well as in some technological companies. Despite having spent millions on these products, they would rather lose those millions in recalling them rather than lose public trust and customers in the long run

This near-obsessive compulsion of companies to ensure brand protection also applies to their presence in cyberspace. There, it’s a lot easier to destroy online reputation with uncontrollable slander and libel against you or your brand. It only takes a few negative posts on popular blogs, forums, online product reviews, and social network sites to be seen by about 2 billion people with internet access around the world. And if left uncorrected, you can say goodbye to your revenue streams, as well as your reputation online. It doesn’t take a rocket scientist to know how important it is to have online reputation management.

For new companies whose presence online is not as strong as more established companies, the tendency would be to close one eye when coming across some bad post written about them on some blog or a review site. There are times when the issues just disappear as time passes because the comment willl get buried among all the other information and comments. Many online surfers also do not give much thought to some comments, especially if it just given by a small number of people. Most of the time, these people giving their opinions are just rambling about their dissatisfaction. So, companies usually choose to just ignore negative comments.

But sometimes the negative feedback can get a bit out of hand and more and more people can have access to these materials. Be wary if this happens, because your reputation online will be at stake.

So what could you possibly do to protect your reputation online? You can file a lawsuit against the parties that have said those comments against you and your brand. The problem with this is that filed lawsuits take a long time to be settled. There is a possibility that once a resolution has been announced, your company has already filed for bankruptcy due to the huge amounts of money that you have spent on the case alone.

A better idea would be to employ the use of search engine reputation management. If you constantly get people writing negative things about your name or your brand online, this method will eliminate them. Their sites will be buried in the lower ranks of search engine results and will not be seen as much by the public.

Do it now before your tarnished reputation disables your means of earning online. Find the right SEO professional to kick start your reputation online repair service. You can then sleep soundly knowing you have your brand and your reputation protected against defamation of character and malicious online content.

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