Byron Cannon, Director from Ferguson Cannon Lawyers goes through the various topics of the Business Legislation in 2012. Key topics include: Carbon Pricing Mechanism, OHS Harmonisation, Person Properties Security Act (PPSA), ATO and Direct Responsibilities and Warranties against Defects.
If you have any questions for Byron Cannon relating to the Business Legislation Update 2012 or any of the above topics, please contact him via email - b.cannon@fclawyers.com.au
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Topics covered:
Delaware – year in review
Overview of Delaware updates including new bills and services
Changes to Annual Reports
Changes to Franchise Taxes
Key deadlines
Form updates
Global filing service options
Exempt entities
Your expert guide:
Alan Stachura — Senior Manager, Government Relations
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3. Strategies for Avoiding Misclassification
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This workshop helps attendees understand the income taxation of trusts and estates, identify sources of taxable income, calculate distributable net income, and apply the Alternative Minimum Tax.
Presenter: David Spence, Jennifer Han, Allison Kroeker, and Li (Fiona) Xu of Royse Law Firm
Delaware continues to be a top choice for incorporating, with the majority of Fortune 500 and U.S. IPO’s realizing its benefits. If your business is incorporated there, staying abreast of legislative updates is paramount for maintaining compliance. Plus, if you or your clients are considering forming in Delaware, this presentation will help ensure a smooth process.
Stay informed about the latest law updates and key trends, as well as hear about pending and future legislation, and changes in franchise taxes and annual reports.
Topics covered:
Delaware – year in review
Overview of Delaware updates including new bills and services
Changes to Annual Reports
Changes to Franchise Taxes
Key deadlines
Form updates
Global filing service options
Exempt entities
Your expert guide:
Alan Stachura — Senior Manager, Government Relations
Alan is a key liaison for CT regarding state governments. He has a special emphasis on Delaware and, as part of this, Alan has developed a training curriculum to help educate customers on the state’s incorporation process. Read more about Alan.
This comprehensive study presentation guides students through the relationship between business and legislation. It outlines the main purposes of legislation in the business environment, including consumer protection, environmental laws, competition policy and health & safety. It also provides some recent case studies of firms and industries affected by changes in legislation.
CTKnowledgeShare: CT Corporation is dedicated to educating our customers on the most current and essential topics for corporate legal and compliance professionals.
In this section of "Rise of the Machines: Avoiding the Legal Pitfalls of App Development" Roger Royse, founder of the Royse Law Firm, discusses:
1. Misclassification: Independent Contractor vs. Employee
2. Managing Risk: What Are the Direct & Indirect Costs
3. Strategies for Avoiding Misclassification
4. Reporting
Sponsored by our partners at Taxwise and Ashfords, this event consists of a variety of topics that our clients are telling us are giving them the biggest challenges.
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Join EPAY Systems and Seyfarth Shaw as we dive into practical advice that can be used to tackle a government wage and hour audit. Don’t wait until the government knocks on your company’s door before learning about the nuts and bolts of state and federal wage and hour agencies. Watch the webinar now.
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Attend this session to learn about the things agencies should consider - even if they are NOT interested or ready to sell - to maximize their agency's valuation.
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2018 Department Of Labor Rules and Surprise VisitsEPAY Systems
Companies can run into major problems if they aren’t up to date on the latest U.S. Department of Labor wage and hour rules. The Wage and Hour Division of the Department of Labor has an enormous impact on the interpretation and enforcement of the FLSA. On the state and local level, agencies play a large role in enforcing the wave of cutting-edge wage laws related to predictive scheduling, minimum wage, and sick time.
With many surprise visits and updates to the Department of Labor rules, it is important to align your company’s compliance goals with what we believe to be the current priorities of the Department of Labor and state and local agencies.
Join EPAY Systems and Seyfarth Shaw as we dive into practical advice that can be used to tackle a government wage and hour audit. Don’t wait until the government knocks on your company’s door before learning about the nuts and bolts of state and federal wage and hour agencies. Watch the webinar now.
Practical Guidance on Securities Offerings (including High Yield and Initial ...Winston & Strawn LLP
The third installment of The Real Deal, “Practical Guidance on Securities and Initial Public Offerings in a Changing Environment,” was held on March 18, 2014. The Real Deal is a webinar series addressing current trends, challenges, and legal topics pertinent to M&A and securities professionals.
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This presentation highlights the top 5 tax things you need to know for 2014 if you're in the lodging industry. This high level discussion means you can leave your slide rule and pocket protectors at home! We will focus on how you can put real money back into your pockets.
Negotiating Reverse and Forward Triangular Mergers Roger Royse
Overview
(1) What is a forward/reverse triangular merger?
(2) Legal steps to follow
(3) Anti-assignment clauses
(4) Benefits of triangular mergers
(5) Forward vs. reverse
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RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...
Business Legislation Update 2012
1. Sunshine Coast
Business Expo –
May 2012
Business Legislation Update.
The Year ahead 2012
Byron Cannon, Director
Ferguson Cannon Lawyers
fclawyers.com.au
2. Contents
• Carbon Pricing Mechanism
• OHS Harmonisation
• Personal Property Securities Act
• ATO & Director Responsibilities
• Warranties against Defects
fclawyers.com.au
3. Carbon Pricing Mechanism
• Only around 500 Businesses in
Australia directly liable
• Fixed price for 3 years, then flexible
• Primarily mining, power & heavy
industry
• Issue for business is indirect effect
• Depends on the industry you are in
• Some benefits and opportunities
fclawyers.com.au
4. OHS Harmonisation
Background
• National Model
• Commenced 1/1/12
• Queensland largely enacted the Model
legislation
• Similar to WHS Act, but important differences
fclawyers.com.au
5. • All “Officers” to exercise due diligence to ensure
compliance
• “Officer” includes:
- Director, secretary, partner
- Decision makers who can affect substantial
part of business and financial standing
- Those on whose instructions or wishes
directors are accustomed to act
- receivers, administrators, liquidators
• Huge officer penalties
• $600,000 fine or 5 years jail for reckless breach
• $3 million for corporations
fclawyers.com.au
6. Workers – WHAT’S NEW?
Includes:
• Employees
• Contractor or subcontractor
• Employee of a contractor or subcontractor
• Employee of a labour hire company
• Out worker
• Apprentice or trainee
• Student gaining work experience
• Volunteer
fclawyers.com.au
7. • Worker can cease
work if exposed to
serious risk
• HSR can direct
workers to cease
fclawyers.com.au
8. What to do? (Steven Cole of Emerson Stewart)
• Engage OH&S expert to give a high level
presentation to the Board on the principles
and effects of the new regime.
• Ask the executive team to review the
Company’s existing OH&S arrangements and
practices and report these to the Board, along
with recommendations for improvements and
assured compliance
fclawyers.com.au
9. OH&S (Continued)
• Use these findings as the basis for a
comprehensive review of the Company’s OH&S
policy;
• For a smaller Company without a specialist OH&S
suitably competent person has responsibility for the
OH&S function;
• Schedule regular report and reviews of the
Company’s OH&S practices in the annual Board
calendar;
• Ensure Board members visit relevant worksites
from time to time so they have a thorough
understanding of the workplace environment and
practices;
fclawyers.com.au
10. Personal Property Securities Act
(“PPSA”):
• Significant change in Law;
• Replaces many Laws which deal with:
- Company charges;
- Bills of Sale;
- Motor vehicle securities, etc
• Affects tangible and intangible property
rights
fclawyers.com.au
11. PPSA (continued):
• Application to your business (supplier of
goods and credit);
• Usual finance arrangements;
• Terms of Trade;
• Retention of title – where Purchaser has
possession of goods but does not get title
until full amount paid;
fclawyers.com.au
12. PPSA (continued):
• For ROT to be enforceable, it must “attach”
itself to the goods;
• To satisfy – ownership retained until paid,
and supply made;
• Ensure ROT is enforceable against third
party:
- In writing;
- Signed;
- Contains description of goods.
fclawyers.com.au
13. PPSA (continued):
• PPS Register:
- Online register
- Can search the register;
• Why register?
- Obtain priority on other creditors;
- First in, first served.
• ROT Super priority;
fclawyers.com.au
14. PPSA (continued):
• How to register?
- Online;
- Register a finance statement;
- Party Details;
- Customer Details;
- Goods;
- Addresses
• Can register once for each customer.
fclawyers.com.au
15. PPSA (continued):
• What to do?
- Review your sales terms;
- Suitable for registration;
- Allow you to recoup costs and fees;
- Enforcement terms are tailored for you;
- Reduce compliance obligations;
- Ensure super priority
• Get familiar with the registration process;
• See your lawyer
fclawyers.com.au
16. ATO Personal Liability
• New Law – if debt 3 months old – Director
automatically must pay the full amount;
• ATO can withhold PAYG credits for Director
• If nothing done – ATO can automatically
collect debt from Director;
• New director liable after 14 days for PAYG
and SG
fclawyers.com.au
17. Warranties Against Defects
• Important Changes for 1/1/12
• Any warranties provided must comply with
Australia Consumer Law (“ACL”)
requirements
• What is a warranty against defects?
• What is a consumer?
• Who must follow the requirements in ACL?
• What are the requirements?
fclawyers.com.au
18. • What is a “document” evidencing a
warranty against defects?
• What information must be included?
• Can I include extra words in my warranty?
• Why must the required information be
provided?
• Warranties vs. Consumer Guarantees
fclawyers.com.au
19. • Warranty against defects vs. express
warranties
• Transitional Arrangements
• Other requirements?
• Penalties for non-compliance
fclawyers.com.au