There are different scenarios with three different signifiers of entities that require taking control. revenue enhancement. and possible liability issues into history. These considerations will non merely function to guarantee conformity is met but besides so that each constitution is protected. In the first scenario Lou and Jose program to open a restaurant/sports saloon. the issue is that they have non accumulated of the money. but Miriam. a comfortable investor is willing to lend the financess although she doesn’t have clip to be physically involved in the concern.
In the 2nd scenario Frank happens to be a affluent investor who has a scheme to open up a concatenation of kill offing concerns throughout the United States. The 3rd scenario is Akiva and Tara wants to open a accredited obstetrician office. they will take out a loan for startup costs. The 4th and concluding scenario a building company is engaging and has specific occupation demands that must be met in order to be selected as the concluding campaigner. Restaurant/Bar Lou and Jose program to open a athletics bar/restaurant. a topographic point where client will be able to socialise while watching athleticss on large-screen TVs.
The major issue is that Lou and Jose do non hold the financess to set these programs to action. But they do cognize of a affluent investor Miriam. who is willing to put her wealth in doing the athletics bar/restaurant happen. Miriam doesn’t have much clip to be involved in the twenty-four hours to twenty-four hours operation but is willing provide capital in return for a per centum of ownership. It is at Lou’s and Jose’s best involvement to do their concern a Limited Partnership concern. A limited partnership is the best option for Lou and Jose since they have one spouse who will put capital but will non take part in direction ( Cheeseman. 2010 ) .
In order to make so Lou and Jose must register for a certification of Limited Partnership through the secretary of province and must follow with the statutory demand of the RULPA ( Revised Uniform Limited Partnership Act ) ( Cheeseman. 2010 ) . Once the certification of limited partnership is filed a limited partnership is formed. Each spouse will be responsible for registering his or her ain revenue enhancement information and they will besides be responsible for the coverage of the company revenue enhancement information as a whole. Extinction concern scenario
Frank is a comfortable investor who would wish to open a concatenation of kill offing concerns throughout the United States. Since Frank is interested in opening several constitutions throughout the United States. the best option for him would be to hold his concern set up as a franchise concern. In his peculiar instance a chain-style franchise would be more good as this would let each constitution to do and sell its services to the populace in the different parts of the state. Frank as the franchisor would be responsible for his ain contracts and civil wrongs and the franchisee is apt for his ain contracts and civil wrongs.
Each chance franchisee would hold to use with franchisor for a franchise. If approved the parties would come in a franchise understanding and the franchisor and franchisee would be set up as separate entities. Therefore each operation proprietor is responsible for registering his or her revenue enhancement paperss and guaranting that they are in conformity. Professional Practice Akiva and Tara have completed all the demands needed for them to open up their ain obstetrician’s office. Since Akiva and Tara are merely freshly out of the medical field. I think that they may desire to see holding an LLC. A limited liability company ( LLC ) is an unincorporated concern entity that combines the most favourable properties of general partnerships. limited partnerships. and corporations.
An LLC is taxed as a partnership unless it chooses to be taxed as a corporation. the proprietors can pull off the concern. and the proprietors have limited liability. Many enterprisers who begin new concerns choose the LLC as their legal signifier for carry oning business” ( Cheeseman. 2010. P. 267 ) . An LLC is a separate legal unit ( or legal person ) offprint from its associates.
LLCs can action or be sued by people who have entered into a legal contract. Construction Scenario In this scenario Surebuild. Inc is a new building company and Mei-Lin is the hiring director and is found in the center of a quandary of which campaigners to interview as she has specifically stated in the description that a high school sheepskin is required from that of the successful campaigner. The first thing Surebuild. Inc needs to make is to engage a Human Resource Manager to guarantee that Surebuild is in conformity with the federal. province. and local authorities.
Sing the appliers that have applied Surebuild needs to avoid doing any determination that may go against favoritism of sex. age. beginning of nationality. One of the appliers is Michelle. who is 35 old ages of age who shows to be pregnant and happens to be a high school alumnus. and was one time employed as a air hammer operator. In this instance Surebuild. Inc need to do certain there is no favoritism against Michelle since she is a female who happens to be pregnant or the company will be apt and likely sued.
Particularly because Michelle has met the demand listed as a making for a successful campaigner. Title VII of the Civil Rights Act of 1964 was enacted to extinguish occupation favoritism based on race. colour. faith. sex. and national beginning. Another applier is Eric who is 55 old ages of age who has experience with a air hammer without a high school sheepskin. In this instance if the company is specifically looking for experience on the air hammer they need to concentrate on that and do their determination based on the same and non on Eric’s age because so they would be perpetrating favoritism against age.
The defence the company can hold is that Eric does non hold a high school sheepskin a specific demand that must be met. Felipe is a 38 twelvemonth old applier who does non talk any English and besides has no high school sheepskin. The demand for this place besides states that the campaigner is required to hold a high school sheepskin. something Felipe does non hold. The fact that Felipe does non talk English can be seen as a favoritism of beginning of nationality but the company has cogent evidence that the applier did non run into the demands as he does non hold a high school sheepskin.
The last applier is Nick a 23 twelvemonth old college alumnus who happens to be epileptic. and no experience with a air hammer. Under the Title I of the ADA states that employment favoritism against persons who are qualified with disablements in regard to occupation application processs. engaging compensation. preparation. publicity and expiration is prohibited. Cheeseman. 2010. In this instance the company should interview Nick as they would any possible campaigner and do their finding based on their occupation demands and the places demands.
In this instance he has more than a high school sheepskin but lacks the experience. he can be given preparation and perchance larn how to utilize a air hammer but if the occupation can non suit his epileptic status and or will he be at a higher hazard of hurt because of the type of occupation so the company. Every company’s top precedence for its employees is to guarantee the safety of its employees and if Nick’s egg-shaped status can do terrible hurt to him or those around him while working on the air hammer so the company needs to do a determination of non engaging Nick.
Should they engage him with his status and an accident takes topographic point that cause’s major hurt to Nick or another employee the company can be apt and required to pay the disbursals. medical measures. and punitory amendss. The company can perchance even be sued. Everyone concern has a duty of guaranting that non merely are they in conformity with the secretary of province when it comes to the proper enrollment of their concern but they besides have a immense duty to society. its employees. and to themselves.
It is of import that every concern understand that there are federal. province. and local ordinances they must stay by in order to avoid liability and perchance jurisprudence suits. It is besides of import that they abide by them in order to give carnival and proper intervention to its forces as those are the persons that drive the company and most of the times make it a successful concern. This non merely is good to the company but to the employees and to our universe economic system.
