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1). 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 corporation and are not filed with any government entity.

2). 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 the junk faxes being received daily.

3). 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 position that computer software companies must first get approval from the FBI before they will be allowed to put software products on the market.

4). 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 continually decreasing use of dial-up modems as a method for accessing the Internet.

5). 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 million dollars in damages and terminate its file file-sharing system.

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 things went in 2005. While the old saying is “time flies”, it is particularly true for businesses.

7). 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

Incorporating your business is a method for creating a legal wall between your personal assets and business.

8). 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 should look to the Secretary of State for your jurisdiction to find out the filing requirements.

9). 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 to prevent deceptive and unfair acts or practices.

10). 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

These business opportunities make it sound easy to start a business that will bring lots of income without much work or cash outlay.

11). 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 is expected to sign the bill shortly.

12). 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 and tax purposes. The shares of the corporation may be “taken public” and traded on stock markets.

13). 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 some thought.

On the family front, you should be thinking about changes you experienced in 2005 and if any of them require you to take some steps.

14). 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 a fake contract to build an airport in Abuja, the capital of Nigeria.

15). 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 very slow when it comes to approving new business entities.

16). 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 meeting every quarter if for no other reason than to force a review of where the business has been and where it is going.

17). 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 in a business transaction.

18). 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 business or viability of the corporate structure.

19). 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 are today.

20). 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 idea that will make a great business.

21). 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.

Married?

Picking a business name is like getting married.

22). 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 entity must take actions for itself, not you.

23). 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 doing so, they often fail to realize that they are subjecting them to the same exposure as a general partnership.

24). 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 over something. Applied to this article, the term refers to the issue of which state has the right to regulate a business.

25). 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 who needs a price check or lost their checkbook.

26). 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 spelling out the ground rules for making promises about shipments, notifying consumers about unexpected delays, and refunding consumers' money.

27). 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 from circumstances such as a slow job market, failure to finish school and health problems.

28). 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 expensive purchase.

29). 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 the business going. In such situations, the person has an emotional attachment to the business and thinks it is “theirs.

30). 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 which a third party can use your content.

31). 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 liability arises from a body of state and federal law that allows for compensation for alleged wrongs.

32). 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 same. Typically, one party provides money while the other provides a service or product.

33). 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 reports, court records, employment histories and rental histories to mention only a few.

34). 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 card has been used so much I can barely see the numbers on it anymore.

35). You Will Never Make Money Trading Stocks, Futures Or Forex Part 2
If you have no idea what it is you want from trading; then the markets will give you just that, nothing! Over 90% of traders fail to reach any success and a large part of this is because traders refuse to set any sort of goal or objective. Floating aimlessly, they are easy targets for the trap that is the financial markets.

36). You Will Never Make Money Trading Stocks, Futures Or Forex Part 3
Trying to make money from the markets even armed with a set of rules is likely to be met with failure. Over 90% of traders fail to make consistent money in the markets because their expectations are beyond their skill levels and their resources. Ill-equipped they are easy prey for the trap that is the financial markets.

37). You Will Never Make Money Trading Stocks, Futures Or Forex Part 4
Over 90% of traders fail to reach any success simply because they are not equipped for success, especially in key components such as money management and emotional control. This is true for most things in the civilized world. We are programmed for failure and as such as easy prey for the trap that is the financial markets.