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1). AOL - MSN Beats Out Google In the ongoing AOL sweepstakes, it appears MSN may be the winner over Google. So, what will it mean for all three companies? AOL On the Block? As you may know, the AOL unit at Time Warner has been thrashing around for the last year while trying to find a way to remain relevant. The problem for AOL, of course, is the contin... 2). Business Entities – A Quick Guide Business entities comes in so many types that business owners can easily get confused. Here’s a quick guide that will hopefully shed a little light on business entities for you. Business Entities "C" Corporation: A corporation whose shares are held by shareholders. The entity stands apart from the shareholders for legal an... 3). Business Entities – Filings With The State Nearly all small businesses should form entities to limit their exposure to civil liability in the form of lawsuits. In forming an entity, certain documents have to be filed with the state in question. States To the surprise of some, state law instead of federal law governs business entities. When form an entity, you shoul... 4). Business Entity Mistakes – Criminal Conduct and Independence In this age of information, most small business owners understand they need the protection provided by a corporation or limited liability company. Such protection, however, can be lost though certain actions. Criminal Action Creating a business entity only protects a business and shareholders from civil liability. Civil li... 5). Business Name – How To Pick One From A Legal Perspective A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name. Marri... 6). Business Strategy – Year End Considerations As we enter the final weeks of 2005, you are undoubtedly hunting for gifts. While these are obvious year end considerations, you should also be reviewing your business strategy for 2006. Business Strategy – 2005 Whether your fiscal year ends in December or doesn’t, the end of the month is a good time to take stock of how ... 7). Bylaws – The Guts of a Corporation Most states make forming a corporation relatively painless by providing forms for practically everything. The bylaws of the corporation, however, are an area you don’t want to rely on a form. What Are Bylaws? Bylaws are the technical rules that govern how a corporation will be run. They are a private document for the corp... 8). California Business Entities – How Long Does It Take To Get Approved? You’ve done your research and have decided on a business entity. You’re chomping at the bit to open a bank account and get moving. You file your corporation or LLC with the Secretary of State and wait…and wait…and wait. Just how long is this going to take? California Filing Times The California Secretary of State can be ve... 9). California Businesses Incorporating In Nevada California is a notoriously bad state to do business in. Regulations, worker’s compensation and tax issues overwhelm companies. Seeking relief, many incorporate in Nevada. Unless done carefully, this decision can lead to disaster. Doing Business - Jurisdiction Jurisdiction is a legal term used to define who has authority o... 10). California Limited Liability Company – An Overview Many people are surprised to learn that the LLC business entity is a fairly recent phenomenon. Wyoming was the first state to legislate the creation of LLCs in 1977. Most states didn’t jump on the LLC bandwagon until 1988 when the IRS classified the LLC as a pass through entity for tax purposes. This ruling turned LLCs into the popular monster they... 11). Corporate Records – Shareholder Inspections You’re conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur? Emotional Attachment With small businesses, emotions can run high. Typically, a person has a great business idea, but need investors to create a pool of cash to get t... 12). Corporate Records – What to Keep Whether you’ve created a corporation or limited liability company, you must maintain records. Here’s a primer on the basic corporate records you need to maintain. Corporate Records When forming a corporation or limited liability company, you are creating an entity independent from yourself. In so doing, this independent e... 13). FBI and FCC Seek Control of Software Industry With government agencies, one often has to try to guess what they are hiding. A close look at a FCC policy document released at 9 p.m. on a Friday may shock you. Controlling Software The Federal Communications Commission has issued a policy paper that sets free speech back a few thousand years. Yep, the FCC is taking the p... 14). Free and Low Cost PC Offers – The Catch You've probably seen the ads for "low cost" PC's - "PC's for $199" - or even "free" computers. If you're in the market for a personal computer, you should know "free" doesn't always mean free. Very often, certain conditions and restrictions found in the fine print of advertisements for "free" or "low cost" PC's can turn a so-called deal into an exp... 15). FTC Names Dirty Dozen Email Scams The Federal Trade Commission is responsible for issuing and enforcing rules for consumer issues on the Internet. As part of this process, the FTC has published a list of the 12 scams you are most likely to receive as email. The Dirty Dozen Scams The "dirty dozen" are: 1. Business opportunities The... 16). FTC Requires Companies To Destroy Consumer Records On June 1, 2005, the Federal Trade Commission issued new regulations requiring companies to destroy certain consumer records. The specific rule requires consumer information such as credit reports to be physically destroyed after it is used. Records The rule covers practically any consumer records. Examples include credit ... 17). Grokster – Rest In Peace Grokster fought the law and the law won. Having lost in a Supreme Court ruling, Grokster has shut down and settled with the recording and movie industry. Grokster - Rest In Peace Facing up to a Supreme Court decision against them, Grokster has settled with the music and movie industries. The company has agreed to pay $50 m... 18). Internet Partnerships - Don’t Throw Away Your Business General partnerships are a poor business entity choice when it comes to pursuing business activities. They fail to provide the asset protection shield that should always be put between your business activities and personal assets. Many small businesses, however, find it profitable to combine their product or services with other small businesses. In... 19). Junk Faxes – New California Law Challenged I hate junk faxes. You hate junk faxes. We all hate junk faxes! California legislators passed a law banning them, but it has been delayed to a legal challenge. Junk Fax Prevention Act In 2005, the State of California passed the Junk Fax Prevention Act. Legislators were reacting to the bevy of businesses screaming about th... 20). Legal Terms – A Quick Guide Legal issues and problems are stressful, complex and inevitable. If you get wrapped up in legal issues, it sometimes helps to understand the lingo being bandied about. Legal Terms Contract: An agreement between two or more parties in which each party agrees to provide something in exchange for the other party doing the sam... 21). Licensing Your Copyrighted Works If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements. Copyright License Agreement A copyright license agreement sets for the terms under w... 22). Lost or Stolen ATM Debit Cards – Your Liability As our economy becomes more and more digital, ATM debit cards have become a frequent payment method. This article discusses your liability for lost or stolen card charges. ATM Debit Cards ATM debit cards have certainly made life a lot easier. For many people, carrying around a checkbook is a thing of the past. My debit car... 23). Marketing on the Internet: Legal Rules of the Road The Internet is connecting advertisers and marketers to customers from Boston to Bali. If you're thinking about advertising on the Internet, remember that many of the same rules that apply to other forms of advertising apply to electronic marketing. The Federal Trade Commission Act allows the FTC to act in the interest of all consumers... 24). National ID Card? Congress Approves Electronic ID Card Are we moving towards an Orwellian 1984 scenario in the United States? Are we still truly the land of the free? Many are predicting severe limitations to our way of life in light of the impending requirement of a national ID card. On May 10, 2005, Congress approved the “Real ID Act” as part of a military spending bill. President Bush i... 25). New Business – Trading Equity for Cash You awake in the middle of the night with a business idea that will change the world. The only problem, of course, is you need money to get the business moving. What do you do? Investors and Equity Practically every economy is built upon the backs of small businesses and entrepreneurs. Every day someone comes up with an id... 26). Nigerian Scammers – Finally Going To Jail Ah, don’t you love those Nigerian scammers? I’m the brother of Finance Minister… Well, they are finally being prosecuted and going to jail. Banco Noroeste – Brazil In the biggest scam of its sort, three Nigerian scammers managed to steal $242 million dollars from Banco Noroesto, a bank in Brazil. The Nigerians came up with... 27). Preparing for 2006 – Getting Your Legal Life In Order As we wave goodbye to 2005 and charge into 2006, it is time to get your house in order. This is particularly true for the legal issues in your life. Legal Planning As drab as it may seem, legal planning can help you avoid disasters in your life. With the turn of the calendar, now is the time to give your life and business... 28). Prompt Delivery Rules – Internet Product Sales The Internet is the fastest growing source of mail order sales. The explosive growth in the goods and services sold online has in the past taken many online sellers by surprise: demand has outpaced supply, depleting inventories and disappointing customers. This can lead to serious problems with the FTC. The FTC has issues directives sp... 29). Protect Your Business With Non-Disclosure Agreements Every business should protect proprietary information when dealing with independent contractors, vendors and other businesses. The best way to do this is to use a non-disclosure agreement, often referred to as an “NDA.” What is an NDA? An NDA is an agreement between two parties to protect confidential information disclosed... 30). Selling Corporate Shares – Be Careful One of the touted advantages of owning a corporation is the ease in transferring shares. In many cases, this assumed benefit is simply wrong. Transfer Shares According to “experts”, using a corporation has one bid advantage over other entities. The advantage is the ability to freely transfer shares without impacting the b... 31). Shopping Online For The Holidays – Don’t Get Ripped Off We are quickly approaching that time of the year where the Internet pays off in spades – the holidays. Here’s a primer on protecting yourself while buying online. Avoiding the Malls I hate going to the malls during the holidays. They are packed with people, elbows are flying and I inevitably get in line behind the person ... 32). Solicitations To Prepare Your Corporate Minutes Every corporate entity must hold board meetings and keep corporate minutes. This doesn’t mean you have to be sucked in by the corporate minute preparation solicitations. Corporate Minutes Corporate minutes simply are documents detailing the events of a corporate board meeting. Typically, a corporation should have a board ... 33). Student Loans – Lose Social Security Benefits If You Don’t Pay A vast majority of people take out student loans to pay for higher education. The Supreme Court has decided to make social security benefits a means of repaying them. No Benefits For You! While millions borrow money to attend college and graduate school, not everyone pays this money back. The failure to pay can result fro... 34). The Secret To Protecting Your Business Assets Regardless of the type of business you conduct, there is a significant risk of being sued in our litigious society. Lawsuits can range from claims of negligence to defective products to disputes with employees. Incorporating is a means of guarding against these potential threats. Single Incorporation - Protecting Your Personal Assets