This document provides an overview of independent contractor agreements, including when they are used, key terms that should be included, and important considerations. It discusses how an independent contractor is defined separately from an employee. The document also outlines typical sections that would be found in an independent contractor agreement, such as the services to be provided, payment terms, confidentiality obligations, and termination provisions. It aims to educate businesses on drafting independent contractor agreements and important issues that should be addressed.
The survey of 500 solo/small firm Toronto lawyers found that the vast majority (88%) rely on the billable hour to value their legal services. The average hourly rate was $338, with rates ranging from $78 to $750. While 64% offered some form of free initial consultation, the average initial consultation fee was also $338. Excluding contingency fees, only 5% offered alternatives to hourly billing such as fixed fees or day rates. Overall, the dominance of the billable hour may be challenged as lawyers begin to leverage technology to provide more affordable and convenient legal services.
This document provides an overview of non-compete and non-solicitation agreements in Ontario. It discusses what restrictive covenants are and defines non-compete and non-solicitation clauses. It notes that for these clauses to be valid and enforceable in Ontario, they must be clear, certain, and not too vague. The document also discusses factors that courts consider for determining whether exceptional circumstances exist to uphold a non-compete clause and when it may be advisable to only include a non-solicitation clause rather than both types of restrictive covenants.
This document discusses factors that could impact the validity and enforceability of a legal form or contract. It notes that for a contract to be valid, the terms must be clear and complete, and the process for entering into the contract must be fair. Specifically, it outlines requirements like consideration, terms not being contrary to public policy, and factors impacting consent like duress, undue influence, or misrepresentation. The document provides examples to illustrate these concepts and notes that speaking with a lawyer is recommended to avoid potential challenges to a contract.
This document provides an overview of different business organizations in Ontario, Canada, including sole proprietorships, general partnerships, limited partnerships, and corporations. It discusses the advantages and disadvantages of each structure, how they are created and maintained, issues around liability, taxation, and other considerations. The author, Michael Carabash, is an Ontario lawyer who provides this information for educational purposes and notes that professional legal advice should be sought for establishing or changing a business structure.
Interestingly, unlike general partnerships (which can come into existence without the partners being aware or even specifically trying to avoid that relationship), a limited partnership can only come into existence “when a declaration is filed with the Registrar”: s. 2(2). So what about the liability of a limited partner until that happens? Well, until the declaration is filed and accepted by the Registrar, the partnership can only be characterized as a general partnership, which imposes UNLIMITED liability on the prospective limited partner.
Also worth mentioning is that you need to have a partnership before you can have a limited partnership. This means that the basic test for forming a partnership must exist at all times – namely, that one or more parties carry on business in common with a view to profit (see s. 3 of the Ontario Partnerships Act).
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
TAM's College entered into a one-month marketing contract with NAMS but NAMS failed to fulfill its obligations. TAM's College is now taking legal action against NAMS for breaching the contract. Additionally, TAM's College faces liability for an accident involving one of its employees who was not wearing proper protective clothing on the job. Under the principle of vicarious liability, businesses can be held responsible for torts committed by employees in the course of their work. TAM's College must now deal with the legal consequences of both the contract dispute and potential negligence claims.
Here are the key steps in how association policy is made according to the flowchart:
1. A problem or issue requiring association action is identified
2. The matter is referred to the appropriate leadership body
3. The appropriate leadership body passes a motion to act
4. The motion is sent to the Executive Committee
5. The Executive Committee advises the Directors of its recommendation
6. The motion is presented to the Board of Directors for consideration
7. The Directors may pass, modify, or defeat the motion
8. If passed, and the motion contains a policy position, a new policy statement is issued
So in summary - issues are identified, referred to leadership, motions are made and voted on up through
The survey of 500 solo/small firm Toronto lawyers found that the vast majority (88%) rely on the billable hour to value their legal services. The average hourly rate was $338, with rates ranging from $78 to $750. While 64% offered some form of free initial consultation, the average initial consultation fee was also $338. Excluding contingency fees, only 5% offered alternatives to hourly billing such as fixed fees or day rates. Overall, the dominance of the billable hour may be challenged as lawyers begin to leverage technology to provide more affordable and convenient legal services.
This document provides an overview of non-compete and non-solicitation agreements in Ontario. It discusses what restrictive covenants are and defines non-compete and non-solicitation clauses. It notes that for these clauses to be valid and enforceable in Ontario, they must be clear, certain, and not too vague. The document also discusses factors that courts consider for determining whether exceptional circumstances exist to uphold a non-compete clause and when it may be advisable to only include a non-solicitation clause rather than both types of restrictive covenants.
This document discusses factors that could impact the validity and enforceability of a legal form or contract. It notes that for a contract to be valid, the terms must be clear and complete, and the process for entering into the contract must be fair. Specifically, it outlines requirements like consideration, terms not being contrary to public policy, and factors impacting consent like duress, undue influence, or misrepresentation. The document provides examples to illustrate these concepts and notes that speaking with a lawyer is recommended to avoid potential challenges to a contract.
This document provides an overview of different business organizations in Ontario, Canada, including sole proprietorships, general partnerships, limited partnerships, and corporations. It discusses the advantages and disadvantages of each structure, how they are created and maintained, issues around liability, taxation, and other considerations. The author, Michael Carabash, is an Ontario lawyer who provides this information for educational purposes and notes that professional legal advice should be sought for establishing or changing a business structure.
Interestingly, unlike general partnerships (which can come into existence without the partners being aware or even specifically trying to avoid that relationship), a limited partnership can only come into existence “when a declaration is filed with the Registrar”: s. 2(2). So what about the liability of a limited partner until that happens? Well, until the declaration is filed and accepted by the Registrar, the partnership can only be characterized as a general partnership, which imposes UNLIMITED liability on the prospective limited partner.
Also worth mentioning is that you need to have a partnership before you can have a limited partnership. This means that the basic test for forming a partnership must exist at all times – namely, that one or more parties carry on business in common with a view to profit (see s. 3 of the Ontario Partnerships Act).
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
TAM's College entered into a one-month marketing contract with NAMS but NAMS failed to fulfill its obligations. TAM's College is now taking legal action against NAMS for breaching the contract. Additionally, TAM's College faces liability for an accident involving one of its employees who was not wearing proper protective clothing on the job. Under the principle of vicarious liability, businesses can be held responsible for torts committed by employees in the course of their work. TAM's College must now deal with the legal consequences of both the contract dispute and potential negligence claims.
Here are the key steps in how association policy is made according to the flowchart:
1. A problem or issue requiring association action is identified
2. The matter is referred to the appropriate leadership body
3. The appropriate leadership body passes a motion to act
4. The motion is sent to the Executive Committee
5. The Executive Committee advises the Directors of its recommendation
6. The motion is presented to the Board of Directors for consideration
7. The Directors may pass, modify, or defeat the motion
8. If passed, and the motion contains a policy position, a new policy statement is issued
So in summary - issues are identified, referred to leadership, motions are made and voted on up through
Professor George Friedman, adjunct law professor at Fordham Law and member of our Board of Directors at Arbitration Resolution Services, made this presentation to the Seton Hall Investor Advocacy Project.
What You Need to Address When Going into Business with SomeoneKieran McCarthy
A look into how to prevent preliminary business issues from derailing your company. A quick look at Non-disclosures, Non-solicitations, and other documents and contingencies you should address.
Gone are the days of corporate secretary duties performed in isolation. General counsel are under increasing pressure to deliver and demonstrate value to the organization. [Legal entities proliferate]. [New tax laws] and [privacy regulations like the GDPR] force a reassessment of legal structures.
Managing legal entities efficiently is critical for general counsel balancing legal, risk management, and leadership responsibilities. This presentation provides a comprehensive review of [entity management as a legal practice] and [entity management software ]as a tool from the perspective of the general counsel and in house legal team.
This document summarizes common mistakes made with contracts and provides tips to avoid them. It discusses the importance of putting agreements in writing, negotiating all terms, and addressing critical elements like price, time, goods/services, and dispute resolution. Failure to have a written contract, missing key terms, or not negotiating can lead to misunderstandings and legal issues down the road. Getting advice from a lawyer can help ensure all parties fully understand obligations and resolve any issues that may arise.
Michelle Blanchard is the Slidell's best lawyer, providing legal services for tax Sale Property recovery Tax Planning, Tax Redemption, IRS Controversy & Litigation and more.
Non-competition and Non-solicitation ProvisionsKevin Learned
In this seminar we analyzed non-competition and non-solicitation provisions in the contexts of M&A transactions, employee/consultant relationships and subcontracting agreements. We addressed issues that arise in the drafting and negotiation of these provisions, as well as issues related to enforcement and litigation, with a particular emphasis on issues impacting federal service contractors who operate in the DC/MD/VA region.
MendenFreiman LLP - Attorney at Law Magazine - Law Firm of the MonthMendenFreiman LLP
MendenFreiman LLP is a boutique law firm specializing in business formation, representation and transactions, and estate planning. The firm was founded in 1997 by George Menden and Lawrence Freiman. Both partners have extensive tax, accounting, and legal backgrounds. The firm prides itself on providing complex legal solutions and excellent client care. They often handle intricate matters involving business structures, estate planning, and tax issues. MendenFreiman strives to fully understand each client's unique situation in order to create tailored strategies and maximize outcomes.
Ethics In Negotiations Article - Landman Mag Jan-Feb 2016Greg Jessup
The document discusses the ethical responsibilities and obligations of landmen in their negotiations and dealings with clients, employers, and other parties in the oil and gas industry. It notes that landmen have a duty to promote honesty and fairness while representing their clients' interests and maintaining competition. The document examines scenarios where a landman may have conflicting obligations to multiple clients, and how negotiating in good faith with transparency can help balance these duties. It also provides guidance on landmen's responsibilities during negotiations, including fully disclosing parties' rights and avoiding conflicts of interest.
George Friedman, a board member of Arbitration Resolution Services, gave a keynote address at a securities conference predicting developments in securities, consumer, and employment arbitration between 2013-2018. He predicted that (1) the CFPB would ban pre-dispute arbitration agreements in many consumer contracts by 2015, (2) the SEC would act to prohibit mandatory PDAAs for investors in 2015, and (3) Congress would pass a modified Arbitration Fairness Act in 2017 requiring greater fairness in consumer and employment arbitration. He concluded that the future of arbitration remained unwritten.
This document discusses legal contracts and filing systems. It defines a contract as a legally enforceable agreement between parties to do or not do something. Common types of contracts include mortgages, credit plans, and rental agreements. It also outlines the key elements required for a contract to be enforceable, including agreement, consideration, capacity, legality, and genuine assent. The document also discusses negotiable instruments and provides tips for organizing a personal filing system using folders, labels, and a filing cabinet or electronic methods like spreadsheets and databases.
This document summarizes recent discussions of a potential merger between two of China's top law firms, Jun He Law Offices and Zhong Lun Law Firm. If approved, the merger would create one of the largest law firms in China with nearly 1,300 lawyers. The merger is seen as a strategic response to the growing reputation of rival King & Wood Mallesons, which has established itself as China's first international law firm through its own merger. While some see benefits to increased scale and synergies from the merger, others note cultural differences between the two firms and challenges with integrating large Chinese firms. The implications of the merger for the competitive landscape and future consolidation in the Chinese legal market are also discussed.
1) CPAs and other financial professionals are now considered fiduciaries under new regulations, requiring them to put their clients' interests first.
2) Record keeping is crucial to demonstrate that all work was conducted within compliance guidelines, including documenting all client meetings and the process for insurance transactions.
3) A lawsuit awarded $14.2 million to a plaintiff after two reputable firms provided dramatically different calculations for life insurance premiums to maintain the same benefits, illustrating the risks of relying on common industry practices. Proper application of prudent investor principles could have avoided litigation.
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
Get IT in Writing: The IT Pro's Guide to Essential ContractsInsureon
As the owner of a small tech business, you know you could be sued even if you're not at fault. Contracts can help protect you from frivolous lawsuits.
https://it.insureon.com/resources/publications/contracts
The document provides an overview of residential lease agreements in Ontario. It discusses key topics such as the landlord and tenant's obligations under the Residential Tenancies Act, terms that must be included in a lease such as rent and security deposits, and how disputes are resolved by applying to the Landlord and Tenant Board. The document is intended to educate about residential leasing laws but notes that it does not constitute legal advice. Readers needing legal advice should consult a lawyer.
Guide starting a small business from ConnectLegalVictoria Geo
This document provides an overview of legal considerations for starting a small business in Ontario. It discusses:
1) Connect Legal, a registered charity that provides free legal services and educational resources for small business owners.
2) Various business structures like sole proprietorships, corporations, partnerships and cooperatives.
3) Necessary licenses, permits, and regulations that businesses must follow.
4) Options for financing a business, including loans, investments, and managing cash flow.
Legal Office Contracts KEY CONSIDERATIONS FOR CONTRACTSTechSoup
TechSoup legal expert, DeAnna Poon, guided nonprofits through the often complex process of navigating contracts and agreements, providing the tools and knowledge needed to successfully protect your organization's interests.
Construction contracts can contain terms that impact your company’s bottom line. Reviewing them carefully prior to signing is indispensable, and can save your company time and money. This contract review guide is meant to be a starting point for reviewing contracts in general…
This document summarizes 10 common mistakes made by government contractors in administering contracts. It discusses mistakes like failing to read the entire contract before beginning work, taking direction from unauthorized officials, and not complying with quality control requirements in the contract. The document provides examples and explanations for each mistake to help contractors avoid these issues in the future.
How to negociate #contracts as a #startup & do it like a boss Funding Roadshow
The document provides advice about negotiating contracts effectively. It recommends emulating Warren Buffett's calm, rational approach to negotiations rather than Steve Jobs' emotional style. Contracts should have clear terms to avoid future disputes and litigation. Transparency in negotiations can be effective, and it's best to negotiate contracts between individuals rather than through teleconferences. The document also cautions against analogies and provides tips for when legal expertise is needed, such as for international contracts, indemnification, and limitations of liability.
Read BoyarMiller's Six Ways to Better Manage Litigation and Your Business eGuide now for tips and insight from our team of attorneys with experience across industries, from oil and gas to real estate to private equity.
Professor George Friedman, adjunct law professor at Fordham Law and member of our Board of Directors at Arbitration Resolution Services, made this presentation to the Seton Hall Investor Advocacy Project.
What You Need to Address When Going into Business with SomeoneKieran McCarthy
A look into how to prevent preliminary business issues from derailing your company. A quick look at Non-disclosures, Non-solicitations, and other documents and contingencies you should address.
Gone are the days of corporate secretary duties performed in isolation. General counsel are under increasing pressure to deliver and demonstrate value to the organization. [Legal entities proliferate]. [New tax laws] and [privacy regulations like the GDPR] force a reassessment of legal structures.
Managing legal entities efficiently is critical for general counsel balancing legal, risk management, and leadership responsibilities. This presentation provides a comprehensive review of [entity management as a legal practice] and [entity management software ]as a tool from the perspective of the general counsel and in house legal team.
This document summarizes common mistakes made with contracts and provides tips to avoid them. It discusses the importance of putting agreements in writing, negotiating all terms, and addressing critical elements like price, time, goods/services, and dispute resolution. Failure to have a written contract, missing key terms, or not negotiating can lead to misunderstandings and legal issues down the road. Getting advice from a lawyer can help ensure all parties fully understand obligations and resolve any issues that may arise.
Michelle Blanchard is the Slidell's best lawyer, providing legal services for tax Sale Property recovery Tax Planning, Tax Redemption, IRS Controversy & Litigation and more.
Non-competition and Non-solicitation ProvisionsKevin Learned
In this seminar we analyzed non-competition and non-solicitation provisions in the contexts of M&A transactions, employee/consultant relationships and subcontracting agreements. We addressed issues that arise in the drafting and negotiation of these provisions, as well as issues related to enforcement and litigation, with a particular emphasis on issues impacting federal service contractors who operate in the DC/MD/VA region.
MendenFreiman LLP - Attorney at Law Magazine - Law Firm of the MonthMendenFreiman LLP
MendenFreiman LLP is a boutique law firm specializing in business formation, representation and transactions, and estate planning. The firm was founded in 1997 by George Menden and Lawrence Freiman. Both partners have extensive tax, accounting, and legal backgrounds. The firm prides itself on providing complex legal solutions and excellent client care. They often handle intricate matters involving business structures, estate planning, and tax issues. MendenFreiman strives to fully understand each client's unique situation in order to create tailored strategies and maximize outcomes.
Ethics In Negotiations Article - Landman Mag Jan-Feb 2016Greg Jessup
The document discusses the ethical responsibilities and obligations of landmen in their negotiations and dealings with clients, employers, and other parties in the oil and gas industry. It notes that landmen have a duty to promote honesty and fairness while representing their clients' interests and maintaining competition. The document examines scenarios where a landman may have conflicting obligations to multiple clients, and how negotiating in good faith with transparency can help balance these duties. It also provides guidance on landmen's responsibilities during negotiations, including fully disclosing parties' rights and avoiding conflicts of interest.
George Friedman, a board member of Arbitration Resolution Services, gave a keynote address at a securities conference predicting developments in securities, consumer, and employment arbitration between 2013-2018. He predicted that (1) the CFPB would ban pre-dispute arbitration agreements in many consumer contracts by 2015, (2) the SEC would act to prohibit mandatory PDAAs for investors in 2015, and (3) Congress would pass a modified Arbitration Fairness Act in 2017 requiring greater fairness in consumer and employment arbitration. He concluded that the future of arbitration remained unwritten.
This document discusses legal contracts and filing systems. It defines a contract as a legally enforceable agreement between parties to do or not do something. Common types of contracts include mortgages, credit plans, and rental agreements. It also outlines the key elements required for a contract to be enforceable, including agreement, consideration, capacity, legality, and genuine assent. The document also discusses negotiable instruments and provides tips for organizing a personal filing system using folders, labels, and a filing cabinet or electronic methods like spreadsheets and databases.
This document summarizes recent discussions of a potential merger between two of China's top law firms, Jun He Law Offices and Zhong Lun Law Firm. If approved, the merger would create one of the largest law firms in China with nearly 1,300 lawyers. The merger is seen as a strategic response to the growing reputation of rival King & Wood Mallesons, which has established itself as China's first international law firm through its own merger. While some see benefits to increased scale and synergies from the merger, others note cultural differences between the two firms and challenges with integrating large Chinese firms. The implications of the merger for the competitive landscape and future consolidation in the Chinese legal market are also discussed.
1) CPAs and other financial professionals are now considered fiduciaries under new regulations, requiring them to put their clients' interests first.
2) Record keeping is crucial to demonstrate that all work was conducted within compliance guidelines, including documenting all client meetings and the process for insurance transactions.
3) A lawsuit awarded $14.2 million to a plaintiff after two reputable firms provided dramatically different calculations for life insurance premiums to maintain the same benefits, illustrating the risks of relying on common industry practices. Proper application of prudent investor principles could have avoided litigation.
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
Get IT in Writing: The IT Pro's Guide to Essential ContractsInsureon
As the owner of a small tech business, you know you could be sued even if you're not at fault. Contracts can help protect you from frivolous lawsuits.
https://it.insureon.com/resources/publications/contracts
The document provides an overview of residential lease agreements in Ontario. It discusses key topics such as the landlord and tenant's obligations under the Residential Tenancies Act, terms that must be included in a lease such as rent and security deposits, and how disputes are resolved by applying to the Landlord and Tenant Board. The document is intended to educate about residential leasing laws but notes that it does not constitute legal advice. Readers needing legal advice should consult a lawyer.
Guide starting a small business from ConnectLegalVictoria Geo
This document provides an overview of legal considerations for starting a small business in Ontario. It discusses:
1) Connect Legal, a registered charity that provides free legal services and educational resources for small business owners.
2) Various business structures like sole proprietorships, corporations, partnerships and cooperatives.
3) Necessary licenses, permits, and regulations that businesses must follow.
4) Options for financing a business, including loans, investments, and managing cash flow.
Legal Office Contracts KEY CONSIDERATIONS FOR CONTRACTSTechSoup
TechSoup legal expert, DeAnna Poon, guided nonprofits through the often complex process of navigating contracts and agreements, providing the tools and knowledge needed to successfully protect your organization's interests.
Construction contracts can contain terms that impact your company’s bottom line. Reviewing them carefully prior to signing is indispensable, and can save your company time and money. This contract review guide is meant to be a starting point for reviewing contracts in general…
This document summarizes 10 common mistakes made by government contractors in administering contracts. It discusses mistakes like failing to read the entire contract before beginning work, taking direction from unauthorized officials, and not complying with quality control requirements in the contract. The document provides examples and explanations for each mistake to help contractors avoid these issues in the future.
How to negociate #contracts as a #startup & do it like a boss Funding Roadshow
The document provides advice about negotiating contracts effectively. It recommends emulating Warren Buffett's calm, rational approach to negotiations rather than Steve Jobs' emotional style. Contracts should have clear terms to avoid future disputes and litigation. Transparency in negotiations can be effective, and it's best to negotiate contracts between individuals rather than through teleconferences. The document also cautions against analogies and provides tips for when legal expertise is needed, such as for international contracts, indemnification, and limitations of liability.
Read BoyarMiller's Six Ways to Better Manage Litigation and Your Business eGuide now for tips and insight from our team of attorneys with experience across industries, from oil and gas to real estate to private equity.
Business Law 101 aka Why the Heck Do I Need a Business Lawyer?Jeffrey O'Brien
An overview of basic business law concepts and a discussion of some common mistakes which your business attorney - if you have one, that is -- can help you avoid.
The document discusses common mistakes business owners make and how an attorney can help avoid them. It covers operating without forming a liability limiting entity, entering verbal agreements instead of written contracts, and drafting contracts without legal review. The attorney's role is to provide legal documents for entity formation and contracts, ensure compliance, and connect owners to other business advisors and resources to help the business succeed. Hiring experts in their fields like lawyers will save money in the long run compared to owners trying to be experts in everything.
Business law is essential for businesses to operate successfully within legal boundaries. It provides rules for areas like forming business entities, contracts, transactions, intellectual property, employment, and more. Understanding business law helps owners make choices to comply with regulations and avoid costly litigation. It also establishes standards for fair market participation and efficient business interactions. Overall, business law creates a structured legal system that supports commerce.
The Victoria Law Group is a Miami-based law firm which operates under the principle that all clients, no matter how big or small, deserve nothing less than the highest quality legal representation.
Contracts are the lifeblood of business. Often times, the best defense to an unfortunate business situation and an unfortunate business result is a well-drafted contract. Our Business and Commercial Law Group is comprised of attorneys with in-house experience, whose primary function was to draft agreements to sustain the company’s business. We represent our clients in the negotiation and drafting of all types of contracts and agreements to protect their interests. We guide and represent our clients in and with respect to: Complex contractual agreements and standardizations; Technology and software licensing; Web site development agreements; Joint ventures; Outsourcing relationships; Franchise and distribution structure; Product and service supply agreements; Procurement agreements; and domestic and international distribution formation and termination.
1Legal Issues for Managers 2007GIRLecture 9(Week 10)M.docxfelicidaddinwoodie
1
Legal Issues for Managers: 2007GIR
Lecture 9
(Week 10)
Module 3 (Part 2):
The Law of Business Associations
Law of Agency &
Law of Partnership
1
Administration
Ensure that you check the announcements on [email protected] ([email protected]) and your marks in My Marks.
You should now have your Mid-Semester Exam marks available in My Marks. If you want genuine feedback (not simply checking your grade as they have been scanned), you can see your exam papers this week during the times provided on [email protected] course site. A time will also be made available for the Deferred Mid-Semester Exams when we have received them back from scanning.
A notice about the time, date & place of the Deferred Mid-Semester Exam is now available on the course website.
IF you want to do well on the FINAL EXAM, in addition to making a genuine effort on the ASSIGNMENT continue practising your ILACs before you attend your seminars, add a few notes to your answers, download the seminar slides and try to attempt the answer again on your own. If you did not have a satisfactory answer, see your tutor in consultation and bring along your ILAC homework attempts. This is the most effective way to prepare for the Final Exam.
2
2
Recap of Last Week
The Law of Companies/Corporations
Summary
The essential characteristics of a ‘company’ and why they are important.
The different types of business structures available, in particular companies, and when can they be used to meet the needs of business & society.
The main duties imposed upon the directors of a company.
The concepts of insolvency and insider trading.
The way companies can be wound-up.
Quick Question:
The Corporations Act 2001 (Cth) prohibits trading in shares with the advantage of information that is not publicly available. This offence is also known as …………………………… and is prohibited by section ..........
3
3
Business Structures
BUSINESS
STRUCTURES
Sole
Trader
Partnership
Joint
Venture
Incorporated
Associations
Trust
Company
Proprietary
Company
Public
Company
Large
Small
4
Seek the advice of a good accountant & lawyer when considering what form of business structure you may want to set-up. The main consideration should be liability – Not taxation. Thus, this message applies to today’s lecture and next weeks! Strategic planning is the key to business success.
44% of businesses fail in the first 3 years
Failing to plan, is planning to fail!
See separate mind-map on the types of companies in those lecture slides when available
http://www.business.gov.au/business- ...
Freelance campto dotting the is and crossing the tsSapnaLawPc
This document provides an overview of key considerations for establishing an independent contractor relationship, including the legal tests to determine if a worker is an employee or independent contractor. It discusses types of business structures like sole proprietorships and corporations. The bulk of the document outlines important clauses for a service agreement between a company and independent contractor, such as scope of work, compensation, confidentiality, intellectual property, termination, and limitations of liability. Readers are advised to have any contract reviewed by a lawyer.
The document discusses the process for requesting writing assistance from HelpWriting.net. It outlines 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if pleased. 5) Request revisions to ensure satisfaction, with a refund offered for plagiarized work.
This powerpoint is used to support the webinar Perils of Provider Agreements. It gives our audience a good overview of the essential items that should be contained in every provider agreement.
The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
The Radar reflects input from APCO’s teams located around the world. It distils a host of interconnected events and trends into insights to inform operational and strategic decisions. Issues covered in this edition include:
HOW TO START UP A COMPANY A STEP-BY-STEP GUIDE.pdf46adnanshahzad
How to Start Up a Company: A Step-by-Step Guide Starting a company is an exciting adventure that combines creativity, strategy, and hard work. It can seem overwhelming at first, but with the right guidance, anyone can transform a great idea into a successful business. Let's dive into how to start up a company, from the initial spark of an idea to securing funding and launching your startup.
Introduction
Have you ever dreamed of turning your innovative idea into a thriving business? Starting a company involves numerous steps and decisions, but don't worry—we're here to help. Whether you're exploring how to start a startup company or wondering how to start up a small business, this guide will walk you through the process, step by step.
Digital Marketing with a Focus on Sustainabilitysssourabhsharma
Digital Marketing best practices including influencer marketing, content creators, and omnichannel marketing for Sustainable Brands at the Sustainable Cosmetics Summit 2024 in New York
IMPACT Silver is a pure silver zinc producer with over $260 million in revenue since 2008 and a large 100% owned 210km Mexico land package - 2024 catalysts includes new 14% grade zinc Plomosas mine and 20,000m of fully funded exploration drilling.
Storytelling is an incredibly valuable tool to share data and information. To get the most impact from stories there are a number of key ingredients. These are based on science and human nature. Using these elements in a story you can deliver information impactfully, ensure action and drive change.
The 10 Most Influential Leaders Guiding Corporate Evolution, 2024.pdfthesiliconleaders
In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
Structural Design Process: Step-by-Step Guide for BuildingsChandresh Chudasama
The structural design process is explained: Follow our step-by-step guide to understand building design intricacies and ensure structural integrity. Learn how to build wonderful buildings with the help of our detailed information. Learn how to create structures with durability and reliability and also gain insights on ways of managing structures.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
Anny Serafina Love - Letter of Recommendation by Kellen Harkins, MS.AnnySerafinaLove
This letter, written by Kellen Harkins, Course Director at Full Sail University, commends Anny Love's exemplary performance in the Video Sharing Platforms class. It highlights her dedication, willingness to challenge herself, and exceptional skills in production, editing, and marketing across various video platforms like YouTube, TikTok, and Instagram.
How MJ Global Leads the Packaging Industry.pdfMJ Global
MJ Global's success in staying ahead of the curve in the packaging industry is a testament to its dedication to innovation, sustainability, and customer-centricity. By embracing technological advancements, leading in eco-friendly solutions, collaborating with industry leaders, and adapting to evolving consumer preferences, MJ Global continues to set new standards in the packaging sector.
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How to Implement a Strategy: Transform Your Strategy with BSC Designer's Comp...Aleksey Savkin
The Strategy Implementation System offers a structured approach to translating stakeholder needs into actionable strategies using high-level and low-level scorecards. It involves stakeholder analysis, strategy decomposition, adoption of strategic frameworks like Balanced Scorecard or OKR, and alignment of goals, initiatives, and KPIs.
Key Components:
- Stakeholder Analysis
- Strategy Decomposition
- Adoption of Business Frameworks
- Goal Setting
- Initiatives and Action Plans
- KPIs and Performance Metrics
- Learning and Adaptation
- Alignment and Cascading of Scorecards
Benefits:
- Systematic strategy formulation and execution.
- Framework flexibility and automation.
- Enhanced alignment and strategic focus across the organization.
How are Lilac French Bulldogs Beauty Charming the World and Capturing Hearts....Lacey Max
“After being the most listed dog breed in the United States for 31
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2. Independent Contractor Agreements Page 2 of 10
Table of Contents
Who is an Independent Contractor? ............................................................................................................... 3
When are Independent Contractor Agreements used? ................................................................................... 3
Independent Contractor Agreement: Basic Terms ......................................................................................... 4
Introductory Clause ........................................................................................................................................ 4
Background ..................................................................................................................................................... 5
Services ........................................................................................................................................................... 5
Relationship .................................................................................................................................................... 6
Payment .......................................................................................................................................................... 6
Materials and Equipment ................................................................................................................................ 6
Expenses, Taxes, and Withholdings ............................................................................................................... 7
Term and Termination .................................................................................................................................... 7
Confidentiality and Non-Disclosure ............................................................................................................... 7
Proprietary Rights ........................................................................................................................................... 8
Non-Compete, Non-Solicitation, Non-Disparagement .................................................................................. 8
Injunctive Relief ............................................................................................................................................. 8
Indemnification ............................................................................................................................................... 8
General Terms ................................................................................................................................................ 9
Signing ............................................................................................................................................................ 9
About Us ....................................................................................................................................................... 10
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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3. Independent Contractor Agreements Page 3 of 10
Who is an Independent Contractor?
An independent contractor is a person who carries on business as a separate business entity. That business
entity could be an individual, a sole proprietorship, a corporation, a partnership, a franchise, joint venture, etc.
It doesn’t really matter what legal structure the independent contractor takes. What matters is the relationship
between the independent contractor and his, her, or its client (i.e. the person paying the independent
contractor for products or services).
Unlike an employee, an independent contractor performs the work if it wants to, how it wants to, when it
wants to (you get the point). That said, the independent contractor may agree to provide the services in
accordance with the client’s rules, policies, procedures, etc. or in consultation with the client or another
person. There may also be other minimal standards imposed on how the services are to be performed. An
independent contractor generally has multiple clients and its relationship with those clients is (or at least
should be) governed by a written agreement. The independent contractor may itself hire other independent
contractors or employees to perform the work (unless the agreement says otherwise). Another big difference
between an independent contractor and an employee is the lack of legislative protection the former has: no
minimum wage, maximum hours, or minimum notice or severance requirements upon termination. Indeed,
an independent contractor is generally disengaged or terminated pursuant to the terms of the agreement.
When are Independent Contractor Agreements used?
Independent Contractor Agreements are used when the parties want to remain separate and specifically want
to avoid creating an employment (or other) type of relationship. There are various reasons for this. For
example, the independent contractor may want to remain independent because they:
Run their own business.
Have multiple clients.
Decide when and how to do work.
Want to deduct business expenses from their taxable income.
Own their own tools and equipment.
Want to be able to make more money.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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4. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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5. Independent Contractor Agreements Page 5 of 10
Background
This part of the agreement includes information about the context and purpose of the agreement. It leads up
to the actual body of the agreement. It’s important to identify here what business the Client is in and what
services the Contractor will perform. These will ultimately become defined words – namely, the “Business”
and the “Services” – and used throughout the rest of the agreement. The Client will want to define its
Business broadly to protect its interests (for example: by including a clause in the Agreement that ultimately
prevents the Contractor from competing in the Business). Meanwhile, to limit its restrictions and liabilities,
the Independent Contractor will want a narrow definition of the Business. There will definitely be some
negotiating here! These things being said, the Services are typically described in a complete and accurate
manner and can include both general and specific services. For example, this definition could say: “The
Contractor offers professional graphic design services including, but not limited to, website layout design,
logo design, photography, etc. (the “Services”)”.
Services
The main body of the Agreement starts off with the Client agreeing to engage the Independent Contractor to
perform the Services from time to time. Using the words “from time to time” means that the engagement just
won’t happen when the agreement becomes effective (but could happen at any time during the Term of the
Agreement). The Client will typically want those Services to be performed at certain standards – for
example, by a qualified, competent, and prudent worker engaged in the Business or according to the Client’s
own internal rules, policies, and procedures. See how the defined term “Business” comes up here?
Without specifying these minimal standards, the Client may have a difficult time complaining about how the
Services were performed later on. Sure, there may be negligence claims which can be raised above and
beyond the agreement itself, but adding in provisions such as this can be IN ADDITION to negligence claims
and can be more specific or comprehensive. This way, you’re not leaving it up to a judge to try to figure out
how the Services were contemplated to be performed by the parties (or a reasonable person) at the time they
entered into the agreement.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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6. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com
7. Independent Contractor Agreements Page 7 of 10
Expenses, Taxes, and Withholdings
The Agreement should be clear who is responsible for expenses incurred in the course of the independent
contractor offering the services. Such expenses include travel, accommodation, meals, equipment (which
includes costs associated with acquiring, maintaining, replacing, renting, transporting, insuring, and disposing
of equipment), etc. That said, when it comes to taxes and withholdings, it’s customary for the Contractor to
be responsible for withholding and remitting its own taxes, CPP, EI, WSIB, etc. (and the costs of procuring
those and other benefits).
Term and Termination
You’ll also want to discuss the term and method of terminating the agreement. In the latter, the Client will
typically want to include the concept of Just Cause (e.g. which could include serious misconduct or breach
of the independent contractor agreement), which a client can raise to terminate the independent contractor at
any time and without the requirement to provide notice or payment in lieu thereof. You’ll also find
termination provisions dealing with a party unilaterally ending the contract by simply providing notice or by
mutual written agreement. You can, if you wish, add further termination clauses such that the agreement is
terminated on the death or bankruptcy of one of the parties, or if one of the parties attempts to make an
assignment contrary to the agreement.
Confidentiality and Non-Disclosure
The Client may want to include provisions dealing with the Contractor’s use and disclosure of any
confidential information. It’s best to do this through a separate written agreement, as this can make the
Independent Contractor Agreement bulky (i.e. you’ll end up adding 5-10 more pages for a confidentiality and
non-disclosure agreement). Remember: if you do end up saying that a separate written confidentiality and
non-disclosure agreement is going to be entered into, don’t invalidate it in the Entire Agreement section of
the Independent Contractor Agreement by saying that’s there’s no other applicable agreement that is included
in the Independent Contractor Agreement! You need to make some room (i.e. identify) for any other
agreement that may be included in the parties’ overall relationship – such as a separate written confidentiality
and non-disclosure agreement.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com
8. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com
9. Independent Contractor Agreements Page 9 of 10
General Terms
The end of the Independent Contractor Agreement should include general terms to help fill in certain blanks
about the agreement, how it is to be entered into or interpreted, etc. Some of these terms include:
Acknowledgments: the parties acknowledge that they’ve read the agreement, understood it, believe it
to be fair and reasonable, have had independent legal advice regarding it, and are entering into it
freely
Assignment: can this be done at all, by one of the parties, by both parties consenting in writing?
Amendment: can this be done at all, for example, by both parties consenting in writing?
Entire Agreement: i.e. this agreement supersedes all other agreements – whether oral or written –
relating to the same subject matters in the agreement
Governing Law: which jurisdiction governs the interpretation and enforcement of the agreement?
Interpretation: singular vs. plural; masculine vs. feminine, section headings, etc.
Severability: in case one provision is struck down and rendered invalid doesn’t mean the rest of the
agreement is
Survival of Terms: which terms, if any, survive the expiration or termination of the agreement?
Waiver: e.g. no failure or delay of a party to enforce or exercise its rights under the agreement
constitutes a waiver
Signing
The final section of the agreement (other than any schedules or exhibits) requires that the parties (or their
duly authorized representatives) sign and deliver the agreement. Signing the agreement without delivering it
is not enough to make the agreement effective. There must be delivery. While not a legal requirement, it is a
good practice that witnesses be present and sign their names alongside the parties’. Also, it is a good practice
for the parties to initial their names on the bottom right hand corner of every page.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com
10. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com