...Business, Entitles, Laws, and Regulations Paper{ The start of this essay is to discuss the best business entry for each of the chosen scenario we choose for this assignment. We must identify laws, risks, and regulations of both scenarios we choose from. We are to discuss the elements and discuss the employment laws in which the business must comply in making a decision. In this Business Law paper, I will discuss two business scenarios’ business entity represents the best choice, while taking control, taxation, and liability issues into consideration. As well as, laws and regulations each business must consider in starting the business and any risks each business must consider to protect itself. Additionally, I will discuss a Construction scenario and a situation requiring a Hiring Manager to choose the best applicant while considering the above elements and employment laws and regulations which the business must consider when making a decision. In the construction scenario, Mel-lin is the hiring manager and needs to hire someone with a high school diploma is the only description for the job. Four peoples applied for the position at the Surebuild, Inc. ( Construction Company); Michelle has experience, high school diploma, was formerly employed as a jackhammer operator and is pregnant, Eric has no experience and no high school diploma; Felipe speak no English, no high school diploma, but is experienced in jackhammer; Nick has epileptic, has a college degree...
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...106 countries and has 18000 members. This organisation defines entrepreneurship very wide. They perceive entrepreneurship in connection with many other fields; two of the many themes the AM deals with are for example the ecological impact and management succession. On the other hand it is important to note the Academy’s entrepreneurship division exclusively handles small businesses, family businesses and new businesses, which means it excludes entrepreneurship in major non-family business....
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...Administration Ethics Paper Crystal Smith Monday October 28, 2013 HCS/335 Christine Singel Patient confidentiality is an important issue within the healthcare profession. Patient confidentiality was an important issue that in the year of 1996, the Health Insurance Portability and Accountability Act which is also called the (HIPPA), was passed in an effect to make health care more effect and available for Americans who receives health benefits. When the HIPPA was produced; they also produced the HIPPA Privacy Rule. The HIPPA Privacy Rule was being enforced, because confidential patient information was being shifted from one medical facility to the next. HIPPA protects an individual’s health information or his /her demographic information. It is also called “protected health information” or “PHI”. HIPPA protects patient’s information such as your name, dates relating to the patients, birthdates, medical treatment, admission discharge dates and dates of death. They also involved telephone numbers, and addresses, social security numbers, and any other unique identifying numbers you may encounter obtaining yourself. Before entering into the medical field, whether it is in a Hospital Facility or just a doctor’s office; there are important rules and regulations that one must abide by. Those rules are as followed: 1. one person cannot discuss a patient medical care with someone who is not directly related to the patient medical care group. 2. You cannot discuss the patient’s...
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...an ocean of information that enables people to share, communicate, and make business, making friends including creating opportunities to commit crimes and taking advantage of people openness in sharing data and information about themselves by those predators looking for victims in the cyber world. Regulating behaviour is never easy despite the existence of laws and regulations and one of the most difficult challenges is that technology are often too fast developed for the law to catch up. VIOLATION OF THE CYBERLAWS AND COMPUTER ETHICS Talk about available laws, have a lot of violation that will impact to us in our daily life...
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...Business law Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. duty an obligation of law imposed on a person to perform or refrain from performing a certain act. equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. precedent a decision of a court that stands as the law for a particular problem in the future. private law the rules and regulations parties agree to as part of their contractual relationships. procedural law the law that must be followed in enforcing rights and liabilities. right legal capacity to require another person to perform or refrain from an action. right of privacy...
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...Management APA Formatted Research Paper By: Anthony Barrera Submitted to: Mae Hicks Jones, Instructor 11/30/2012 Abstract The purpose of this research paper is to show what changes came from the passing of the Civil Rights Act of 1991. Topics that will be mentioned are topics that have to do with unlawful practices in the workplace, for example, discrimination against employee’s physical appearance, orientation, or disability, but also one’s own emotional and personal beliefs. This paper will mention three topics that the Civil Rights Act of 1991 will prohibit in the workplace which are discrimination, inequality, and harassment. Each topic contains sub topics that will explain more in detail each of the three main points. Research of these topics is helped by internet sources, as well as, textbooks. Authors like Chuck Williams, Nickels G. Williams, James McHugh, Susan M. McHugh, Robert L. Mathis, John H. Jackson and sources from www.eeoc.gov and the Encyclopedia of Business. The sources indicate what laws where placed by the United States government and what changes is brought to the workplace and employees. Also, authors indicate what rights employees have with the new laws placed and how they can be protected. Conclusion will recap how employees are protected by the amendment and rights they are provided by the government for a pleasant work environment, free from harassment from employers or employees. Introduction Without laws in this world chaos would rein over...
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...financial institutions. However, with the development of new science and technology the approaches of money laundering have become more and more diverse. This paper is discussing the legal and ethical issues which surround this topic, as well as, develop an analysis for the ethical concerns raised by the laundering of money. The writer will then provide explanations from at least three relevant areas of law that have been discussed throughout the course and assess each area as it applies to money laundering. Finally, the write will provide recommendations on this situation to reduce liability exposure and improve the ethical climate or the overall ethics of money laundering. Is money laundering a real problem in the world today? I. Introductions There are many ethical issues that can arise in the course of operating a small business. A comprehensive understanding of the different types of ethical issues will help you to identify and handle this situation’s responsibility to maintain core business values. Let’s look at this scenario for example, money laundering. This paper is discussing the legal and ethical issues which surround this topic, as well as, develop an analysis for the ethical concerns raised by the laundering of money. The writer will then provide explanations from at least three relevant areas of law that have been discussed throughout the course and assess each area as it applies to money...
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...issuing equity. b. Describe the organizational forms a company might have as it evolves from a start-up to a major corporation. List the advantages and disadvantages of each form. Proprietorship * Advantages: * It is easily and inexpensively. * It is subject to few government regulation * It is subject to few government regulations. * Its income is not subject to corporate taxation but is taxed as part of the proprietorship to obtain the capital needed for growth. * Disadvantages: * It may be difficult for a proprietorship to obtain the capital needed for growth * Proprietor has unlimited personal liability for the business’s debts. * The life of the proprietorship is limited to the life of its founder. Partnership * Advantages: * Partnerships are relatively easy to establish; however time should be invested in developing the partnership agreement * With more than one owner, the ability to raise funds - Debt vs. Equity may be increased. * The profits from the business flow directly through to the partners' personal tax returns. * Disadvantages: * Business Partners are jointly and individually liable for the actions of the other partners. * Profits must be...
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...Employee Safety, Health and Affirmative Action Law Paper MGT 434 Employment Law FMLA or The Family and Medical Leave Act of 1993 offer workers with as many as twelve weeks of unpaid leave from work in a one year interval. The leave may be for the delivery of a baby, adoption of a baby, taking care of a loved one who is unwell, or in case the worker has a severe illness stopping the worker from fulfilling her or his job requirements. (Vikesland, 2006) As per the Department of Labor ‘workers should provide the company with fourteen to thirty days advance notice when the requirement to take FMLA is imminent’ (DOL, 2010). If the advance notice to the company not be possible, the worker “should provide notice as quickly as possible and practical and the worker usually should abide by an employer’s normal call-in protocols” (DOL, 2010) The company should maintain the health benefit coverage or premiums of the worker when the worker is on FMLA leave under the group retirement plan policy just as if the worker were still doing the job. Once the worker comes back to work, equivalent pay, worker benefits along with other employment factors are restored. The eligibility needs for the worker under FMLA are “working for a covered company for a minimum of one year, 1250 hours during 12 months and with a minimum of fifty other workers hired within seventy five miles with the same company” (DOL, 2010). Companies might not meddle, restrict or refuse workers of...
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...partnership, and corporation: Proprietorship is an unincorporated business owned by one individual. The three advantages are easily and inexpensively form, subject to few government regulations, and income is not subject to corporate taxation but taxed as part of the proprietor’s personal income. The three disadvantages are difficult for a proprietorship to obtain capital for growth, proprietor has unlimited personal liability for business’s debts, which can result in losses that may exceed money invested in company, and life of proprietorship is limited to life of its founder. Partnership two or more persons or entities associate to conduct a non-corporate business for profit. It may operate under different degrees of formality, ranging from informal, oral understandings to formal agreements filed with the secretary of state in which the partnership formed. The disadvantages of partnership is the liability were partners can potentially lose all of their personal assets, even assets not invested in the business due to partnership law stating that each partner is liable for the business’s debts. The advantage is for partners to establish limited partnership were certain partners are designated general partners and others limited partners. It will allow limited partners to lose only the amount of their investment in the partnership, while the general partners have unlimited liability, but have no control in business decision like a silent partner. In addition, limited...
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...Earnings Management Eli Mudrick Professor David Heier, CPA, MBA 11 June 2014 Earning Management This paper looks at the speech entitles “The ‘Numbers Game’” that SEC chairman Arthur Levitt delivered at the NYU Center for Law and Business regarding earnings management in 1998. While companies use many techniques and illusions to improve their numbers, this paper will only look at three: “Cookie-Jar” Reserves, “Big Bath” Charges, and Revenue Recognition. After discussing and using real world examples of these techniques, this paper will examine ethical questions related to the selection of audit committee members such as qualifications and independence. Cookie Jar Reserves Cookie Jar reserves refers to the practice of intentionally recording unreasonable estimates or one time transactions during good economic times in order to smooth out activity in bad economic times (Levitt). These transactions directly violate, not only simple human honesty, but also Conservatism, one of the main accounting principles. A real world example of the use of cookie jar reserves is the computer company Dell. In 2010, they paid a penalty to the SEC of $100 million dollars due to their using of cookie jar reserves. To establish their reserves, Dell did not disclose payments from Intel which were paid in order to maintain exclusive use of their microprocessors. When times were tough, Dell drew on these reserves. At one point, these reserves made up more than 70% of their quarterly earnings...
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...Dictionary describe strategy as A plan of action designed to achieve a long-term goal or overall aim; or the art of planning and directing overall military operations and movements in a war or battle; It is derived from the Greek word “stratégia” that means generalship (Oxford dictionary. 2015). A company’s strategy consist of the competitive moves and business approaches that managers are employing to grow the business, attract and please customers, compete successfully , conduct operations and achieve the targeted levels of organizational performance (Hough et al. 2008:4). Strategy is all about how the anticipated goals will be achieved. It works like a recipe where different elements are used in a more or lesser manner to achieve an end result. In an organisation the leader ensures all members are heading in the right direction and completing their goals and objectives. Organisations lacking leadership quickly implode as members scatter in all directions attempting to achieve conflicting goals in a silo-orientated environment. However, this can be overcome if leaders communicate and execute business strategies. A business strategy is a leadership plan that achieves a specific set of goals or objectives such as: * Developing new products or services. * Entering new markets. * Increasing customer loyalty. * Attracting new customers. * Increasing sales. * Decreasing costs. (Baltzan, 2013:16) Leaders also work with the realities of their environments...
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...overall strategy. He or she reports to the chairman or board of directors. APPOINTMENT The first directors of a company are appointed at the time of its registration. On registration, the persons named in form IN01 will be deemed to have been appointed as the first directors. Subsequent appointments (which are made on form AP01) are governed by the company’s articles of association but any Shareholders Agreement should also be checked. Typically the articles will provide for the board of directors to fill any casual vacancies or to appoint additional directors up to the maximum number specified by the articles. On appointment a new director will be asked to provide certain personal information (i.e. full name, address, date of birth and business occupation) to be included in the relevant form which he/she will be required to sign to signify consent to act as a director. It is possible for a director to file a service address at Companies House as well as his or her home address. It will be the service address (which can be the registered office of the company) that appears on the public record. The director will be reminded to acquire the share qualification (if any) specified in the articles. Additionally, the director will give a general notice of any interests in contracts involving...
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...Safeguards have been installed on facilities that have computers that store or have access to patient information. HIPAA’s involvement with the electronic system has improved the transmission of patient data while decreasing the number of errors which by comparison improves efficiency. Organizations must implement specific security objectives under HIPAA to be compliant. Under HIPAA standards any unauthorized exposure regardless of the circumstances to which the violation takes place is harmful to the patient. The continued changes have revisited the liability of violators which suggests any organization that is involved or responsible for such actions will be held accountable regardless of the individual or reason for the violation. What this paper will reveal is whether the evolution of HIPAA have instructed a standard not only for the welfare of the patient, but does HIPAA help insurance companies, providers, and other entities with access to patient data take the extra step to validate the patient’s privacy. Health Care Delivery and HIPAA Many people wanted to make...
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...GAAP vs. IFRS Giovanni Flores Johanna Guedea Orlando Muñoz ACC/290 March 10, 2015 Stephen Russell GAAP vs. IFRS For a long time, there have been proposals that have been working on with regard to the replacement of GAAP also known as Generally Accepted Accounting Principles with IFRS known as International Financial Reporting Standards which are used in the accounting and financial reporting aspects. But what is it that makes them both so different and so similar? It all falls into the comparison of GAAP and the IFRS in explaining the two standards that have such enormous implications for the functions of accountants, attorneys, corporate directors and financial officers now in days. The differences and similarities between IFRS and GAAP can be quite overwhelming. Starting with the format of a statement or financial or position under IFRS how it often differs from a balance sheet presented under GAAP. Ifrs does not require a particular order or classification of accounts on the statement of financial position when GAAP does have a specific requirement that all reports are ranked on their measure liquidity. The primary goal in IFRS is to give users of financial statements a clear understanding of the companies asset structure. After the asset structure and the shareholder are reported, liabilities follow ending the financial statement, unlike IFRS, GAAP orders liquid assets first and the shareholder equity is reported very last on the balance...
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