Law Archives - TODAY INDIA

MLM Business – The Ultimate Plan Behind the Law of Attraction

Toss the law of attraction, a concise business plan and your network marketing opportunity of choice all into one basket and you are bound to achieve ultimate, MLM-Rock-Star Success. O, and with a little wishful thinking, you may also win the multi-million dollar lottery every second fortnight!

If only your network marketing business was as easy as the hyped up sales letters reveal.

Whether you chose network marketing as your vehicle for a better lifestyle, quality family time, your dream vacation or to sack your boss, it all still comes down to one thing: Money! Yes there are priceless new skills, principles and belief systems that we develop on our journey to success, but the continuous residual income is what it all boils down to at the end of the day.

So how can you use the law of attraction in your favor to get more money? You can set goals, yes, but how many times have you set your goals and simply never achieved them? The answer is quite simple:

Your network marketing business needs a daily plan of action, or daily method of operation (DMO).

Let me show you a simple strategy which has been used by military strategists for decades.

Remove ALL distractions before doing this.

If you prefer to do this online and keep track your progress, Mark Joyner provides a great free software application called Simpleology.

Begin With the End in Mind: Imagine for a minute, what is your ultimate life? What kind of life do your wildest dreams consist of? What would make you eternally happy? What is your passion? What will you own? What type of relationship would you be in? Do you want to be fit and healthy? What would you be doing?

Write it all down. It might be challenging to think beyond your current belief systems, but don’t hold back. Have that clear picture of your ultimate life in mind. Can you see yourself celebrating your outstanding accomplishments? Now, let’s back track…

How to Get It: With such big dreams, there is a major gap between where you want to be and where you are right now. No wonder your dreams become unclear and beyond your reach. This is where you use the backward planning method.

The backward planning method is a process military strategists have used for decades. Instead of improvising a plan from beginning to end, you start with the end in mind and work your plan back to the present.

The military call it the “clear end-state”. When planning a military operation, they would determine what state they would desire when their mission is completed. E.g. rescued all the hostages.

The end-state in network marketing will be our primary goal and ultimate life.

With your clear end-state in mind ask yourself this: What is the very last thing that you will do before you achieve your end-state? Imagine yourself in that moment right before achieving your goal, what are you doing? Now, keep imagining every moment all the way back to where you are now at this very moment.

How Network Marketing, Money and the Numbers Fit In: In order to have your ultimate life, you need to be earning a certain amount of residual income. How much is it? Write down the exact amount of money you need to attract for your ultimate life to be a reality.

Now, take your network marketing compensation plan and determine exactly how many people you will need in your downline to earn that amount of residual income every single month.

Work your way back to how exactly how many distributors you have in your network marketing business right now.

Follow Your Network Marketing Business Plan of Action Not only will you have more clarity on your goals and ultimate life, but you now have a realistic, step by step action plan which you can follow to achieve the ultimate success that you deserve in your network marketing business.

Business Law Attorneys

This professional offers legal advice to persons who are involved in all aspects and stages of any business. Some of the things that business law attorneys do include:

• Make sure that there is compliance with all local business laws. If they do business internationally, they will make sure they comply with those laws too.
• Offer advice and file forms for each step from the formation of a business to the dissolution if necessary,
• Handle lawsuits
• Review and write contracts
• Create staff manuals
• Enforce polices or guidelines
• Cover all communications with the media

One important job of the such law attorneys is the formation of a new business. If there is more than one owner, they will advise them on the type of business they are forming. It could be a partnership, corporation, or limited liability company. When forming a business of any type it entails a concrete understand of the liability and tax implications of each kind of business. Once the business is formed, the attorney may be responsible for filing all of the yearly reports and other forms involved with the business with the different government agencies.

Many times businesses will use such a law attorney when they want to terminate or dissolve their business. This is done to ensure that the pre-established dissolution guidelines are followed correctly. The attorney may also handle new issues like a lien, a big number of assets, or an outstanding debt. Business law attorneys may also give advice on some of the daily happenings in a business. They may be asked to develop guidelines for human resource staff regarding the firing and hiring of employees. If an employee feels that they have been sexually harassed, discriminated against, or wrongfully terminated they may handle the lawsuit if one has been filed. They could work on the behalf of the employee or employer.

Sometimes business owners will call business law attorneys if they have questions about specific ways to save money such as whether they should own or lease a building. They may also want advice on where they can conduct their business to avoid having to pay high taxes, which is particularly true if they are thinking of expanding their business internationally.

Some business law attorneys are familiar with patent laws so if a business has developed a product they may contact an attorney to help protect their interest by filing a patent. If the attorney has an understanding of intellectual property laws, they may be asked to help a business trademark the name of the product or their business name. Business law attorneys may act as the businesses spokesperson if a lawsuit they are involved in catches the attention of the media.

Insurance Law – An Indian Perspective

INTRODUCTION

“Insurance should be bought to protect you against a calamity that would otherwise be financially devastating.”

In simple terms, insurance allows someone who suffers a loss or accident to be compensated for the effects of their misfortune. It lets you protect yourself against everyday risks to your health, home and financial situation.

Insurance in India started without any regulation in the Nineteenth Century. It was a typical story of a colonial epoch: few British insurance companies dominating the market serving mostly large urban centers. After the independence, it took a theatrical turn. Insurance was nationalized. First, the life insurance companies were nationalized in 1956, and then the general insurance business was nationalized in 1972. It was only in 1999 that the private insurance companies have been allowed back into the business of insurance with a maximum of 26% of foreign holding.

“The insurance industry is enormous and can be quite intimidating. Insurance is being sold for almost anything and everything you can imagine. Determining what’s right for you can be a very daunting task.”

Concepts of insurance have been extended beyond the coverage of tangible asset. Now the risk of losses due to sudden changes in currency exchange rates, political disturbance, negligence and liability for the damages can also be covered.

But if a person thoughtfully invests in insurance for his property prior to any unexpected contingency then he will be suitably compensated for his loss as soon as the extent of damage is ascertained.

The entry of the State Bank of India with its proposal of bank assurance brings a new dynamics in the game. The collective experience of the other countries in Asia has already deregulated their markets and has allowed foreign companies to participate. If the experience of the other countries is any guide, the dominance of the Life Insurance Corporation and the General Insurance Corporation is not going to disappear any time soon.

The aim of all insurance is to compensate the owner against loss arising from a variety of risks, which he anticipates, to his life, property and business. Insurance is mainly of two types: life insurance and general insurance. General insurance means Fire, Marine and Miscellaneous insurance which includes insurance against burglary or theft, fidelity guarantee, insurance for employer’s liability, and insurance of motor vehicles, livestock and crops.

LIFE INSURANCE IN INDIA

“Life insurance is the heartfelt love letter ever written.

It calms down the crying of a hungry baby at night. It relieves the heart of a bereaved widow.

It is the comforting whisper in the dark silent hours of the night.”

Life insurance made its debut in India well over 100 years ago. Its salient features are not as widely understood in our country as they ought to be. There is no statutory definition of life insurance, but it has been defined as a contract of insurance whereby the insured agrees to pay certain sums called premiums, at specified time, and in consideration thereof the insurer agreed to pay certain sums of money on certain condition sand in specified way upon happening of a particular event contingent upon the duration of human life.

Life insurance is superior to other forms of savings!

“There is no death. Life Insurance exalts life and defeats death.

It is the premium we pay for the freedom of living after death.”

Savings through life insurance guarantee full protection against risk of death of the saver. In life insurance, on death, the full sum assured is payable (with bonuses wherever applicable) whereas in other savings schemes, only the amount saved (with interest) is payable.

The essential features of life insurance are a) it is a contract relating to human life, which b) provides for payment of lump-sum amount, and c) the amount is paid after the expiry of certain period or on the death of the assured. The very purpose and object of the assured in taking policies from life insurance companies is to safeguard the interest of his dependents viz., wife and children as the case may be, in the even of premature death of the assured as a result of the happening in any contingency. A life insurance policy is also generally accepted as security for even a commercial loan.

NON-LIFE INSURANCE

“Every asset has a value and the business of general insurance is related to the protection of economic value of assets.”

Non-life insurance means insurance other than life insurance such as fire, marine, accident, medical, motor vehicle and household insurance. Assets would have been created through the efforts of owner, which can be in the form of building, vehicles, machinery and other tangible properties. Since tangible property has a physical shape and consistency, it is subject to many risks ranging from fire, allied perils to theft and robbery.

Few of the General Insurance policies are:

Property Insurance: The home is most valued possession. The policy is designed to cover the various risks under a single policy. It provides protection for property and interest of the insured and family.

Health Insurance: It provides cover, which takes care of medical expenses following hospitalization from sudden illness or accident.

Personal Accident Insurance: This insurance policy provides compensation for loss of life or injury (partial or permanent) caused by an accident. This includes reimbursement of cost of treatment and the use of hospital facilities for the treatment.

Travel Insurance: The policy covers the insured against various eventualities while traveling abroad. It covers the insured against personal accident, medical expenses and repatriation, loss of checked baggage, passport etc.

Liability Insurance: This policy indemnifies the Directors or Officers or other professionals against loss arising from claims made against them by reason of any wrongful Act in their Official capacity.

Motor Insurance: Motor Vehicles Act states that every motor vehicle plying on the road has to be insured, with at least Liability only policy. There are two types of policy one covering the act of liability, while other covers insurers all liability and damage caused to one’s vehicles.

JOURNEY FROM AN INFANT TO ADOLESCENCE!

Historical Perspective

The history of life insurance in India dates back to 1818 when it was conceived as a means to provide for English Widows. Interestingly in those days a higher premium was charged for Indian lives than the non-Indian lives as Indian lives were considered more risky for coverage.

The Bombay Mutual Life Insurance Society started its business in 1870. It was the first company to charge same premium for both Indian and non-Indian lives. The Oriental Assurance Company was established in 1880. The General insurance business in India, on the other hand, can trace its roots to the Triton (Tital) Insurance Company Limited, the first general insurance company established in the year 1850 in Calcutta by the British. Till the end of nineteenth century insurance business was almost entirely in the hands of overseas companies.

Insurance regulation formally began in India with the passing of the Life Insurance Companies Act of 1912 and the Provident Fund Act of 1912. Several frauds during 20’s and 30’s desecrated insurance business in India. By 1938 there were 176 insurance companies. The first comprehensive legislation was introduced with the Insurance Act of 1938 that provided strict State Control over insurance business. The insurance business grew at a faster pace after independence. Indian companies strengthened their hold on this business but despite the growth that was witnessed, insurance remained an urban phenomenon.

The Government of India in 1956, brought together over 240 private life insurers and provident societies under one nationalized monopoly corporation and Life Insurance Corporation (LIC) was born. Nationalization was justified on the grounds that it would create much needed funds for rapid industrialization. This was in conformity with the Government’s chosen path of State lead planning and development.

The (non-life) insurance business continued to prosper with the private sector till 1972. Their operations were restricted to organized trade and industry in large cities. The general insurance industry was nationalized in 1972. With this, nearly 107 insurers were amalgamated and grouped into four companies – National Insurance Company, New India Assurance Company, Oriental Insurance Company and United India Insurance Company. These were subsidiaries of the General Insurance Company (GIC).

The life insurance industry was nationalized under the Life Insurance Corporation (LIC) Act of India. In some ways, the LIC has become very flourishing. Regardless of being a monopoly, it has some 60-70 million policyholders. Given that the Indian middle-class is around 250-300 million, the LIC has managed to capture some 30 odd percent of it. Around 48% of the customers of the LIC are from rural and semi-urban areas. This probably would not have happened had the charter of the LIC not specifically set out the goal of serving the rural areas. A high saving rate in India is one of the exogenous factors that have helped the LIC to grow rapidly in recent years. Despite the saving rate being high in India (compared with other countries with a similar level of development), Indians display high degree of risk aversion. Thus, nearly half of the investments are in physical assets (like property and gold). Around twenty three percent are in (low yielding but safe) bank deposits. In addition, some 1.3 percent of the GDP are in life insurance related savings vehicles. This figure has doubled between 1985 and 1995.

A World viewpoint – Life Insurance in India

In many countries, insurance has been a form of savings. In many developed countries, a significant fraction of domestic saving is in the form of donation insurance plans. This is not surprising. The prominence of some developing countries is more surprising. For example, South Africa features at the number two spot. India is nestled between Chile and Italy. This is even more surprising given the levels of economic development in Chile and Italy. Thus, we can conclude that there is an insurance culture in India despite a low per capita income. This promises well for future growth. Specifically, when the income level improves, insurance (especially life) is likely to grow rapidly.

INSURANCE SECTOR REFORM:

Committee Reports: One Known, One Anonymous!

Although Indian markets were privatized and opened up to foreign companies in a number of sectors in 1991, insurance remained out of bounds on both counts. The government wanted to proceed with caution. With pressure from the opposition, the government (at the time, dominated by the Congress Party) decided to set up a committee headed by Mr. R. N. Malhotra (the then Governor of the Reserve Bank of India).

Malhotra Committee

Liberalization of the Indian insurance market was suggested in a report released in 1994 by the Malhotra Committee, indicating that the market should be opened to private-sector competition, and eventually, foreign private-sector competition. It also investigated the level of satisfaction of the customers of the LIC. Inquisitively, the level of customer satisfaction seemed to be high.

In 1993, Malhotra Committee – headed by former Finance Secretary and RBI Governor Mr. R. N. Malhotra – was formed to evaluate the Indian insurance industry and recommend its future course. The Malhotra committee was set up with the aim of complementing the reforms initiated in the financial sector. The reforms were aimed at creating a more efficient and competitive financial system suitable for the needs of the economy keeping in mind the structural changes presently happening and recognizing that insurance is an important part of the overall financial system where it was necessary to address the need for similar reforms. In 1994, the committee submitted the report and some of the key recommendations included:

o Structure

Government bet in the insurance Companies to be brought down to 50%. Government should take over the holdings of GIC and its subsidiaries so that these subsidiaries can act as independent corporations. All the insurance companies should be given greater freedom to operate.

Competition

Private Companies with a minimum paid up capital of Rs.1 billion should be allowed to enter the sector. No Company should deal in both Life and General Insurance through a single entity. Foreign companies may be allowed to enter the industry in collaboration with the domestic companies. Postal Life Insurance should be allowed to operate in the rural market. Only one State Level Life Insurance Company should be allowed to operate in each state.

o Regulatory Body

The Insurance Act should be changed. An Insurance Regulatory body should be set up. Controller of Insurance – a part of the Finance Ministry- should be made Independent.

o Investments

Compulsory Investments of LIC Life Fund in government securities to be reduced from 75% to 50%. GIC and its subsidiaries are not to hold more than 5% in any company (there current holdings to be brought down to this level over a period of time).

o Customer Service

LIC should pay interest on delays in payments beyond 30 days. Insurance companies must be encouraged to set up unit linked pension plans. Computerization of operations and updating of technology to be carried out in the insurance industry. The committee accentuated that in order to improve the customer services and increase the coverage of insurance policies, industry should be opened up to competition. But at the same time, the committee felt the need to exercise caution as any failure on the part of new competitors could ruin the public confidence in the industry. Hence, it was decided to allow competition in a limited way by stipulating the minimum capital requirement of Rs.100 crores.

The committee felt the need to provide greater autonomy to insurance companies in order to improve their performance and enable them to act as independent companies with economic motives. For this purpose, it had proposed setting up an independent regulatory body – The Insurance Regulatory and Development Authority.

Reforms in the Insurance sector were initiated with the passage of the IRDA Bill in Parliament in December 1999. The IRDA since its incorporation as a statutory body in April 2000 has meticulously stuck to its schedule of framing regulations and registering the private sector insurance companies.

Since being set up as an independent statutory body the IRDA has put in a framework of globally compatible regulations. The other decision taken at the same time to provide the supporting systems to the insurance sector and in particular the life insurance companies was the launch of the IRDA online service for issue and renewal of licenses to agents. The approval of institutions for imparting training to agents has also ensured that the insurance companies would have a trained workforce of insurance agents in place to sell their products.

The Government of India liberalized the insurance sector in March 2000 with the passage of the Insurance Regulatory and Development Authority (IRDA) Bill, lifting all entry restrictions for private players and allowing foreign players to enter the market with some limits on direct foreign ownership. Under the current guidelines, there is a 26 percent equity lid for foreign partners in an insurance company. There is a proposal to increase this limit to 49 percent.

The opening up of the sector is likely to lead to greater spread and deepening of insurance in India and this may also include restructuring and revitalizing of the public sector companies. In the private sector 12 life insurance and 8 general insurance companies have been registered. A host of private Insurance companies operating in both life and non-life segments have started selling their insurance policies since 2001

Mukherjee Committee

Immediately after the publication of the Malhotra Committee Report, a new committee, Mukherjee Committee was set up to make concrete plans for the requirements of the newly formed insurance companies. Recommendations of the Mukherjee Committee were never disclosed to the public. But, from the information that filtered out it became clear that the committee recommended the inclusion of certain ratios in insurance company balance sheets to ensure transparency in accounting. But the Finance Minister objected to it and it was argued by him, probably on the advice of some of the potential competitors, that it could affect the prospects of a developing insurance company.

LAW COMMISSION OF INDIA ON REVISION OF THE INSURANCE ACT 1938 – 190th Law Commission Report

The Law Commission on 16th June 2003 released a Consultation Paper on the Revision of the Insurance Act, 1938. The previous exercise to amend the Insurance Act, 1938 was undertaken in 1999 at the time of enactment of the Insurance Regulatory Development Authority Act, 1999 (IRDA Act).

The Commission undertook the present exercise in the context of the changed policy that has permitted private insurance companies both in the life and non-life sectors. A need has been felt to toughen the regulatory mechanism even while streamlining the existing legislation with a view to removing portions that have become superfluous as a consequence of the recent changes.

Among the major areas of changes, the Consultation paper suggested the following:

a. merging of the provisions of the IRDA Act with the Insurance Act to avoid multiplicity of legislations;

b. deletion of redundant and transitory provisions in the Insurance Act, 1938;

c. Amendments reflect the changed policy of permitting private insurance companies and strengthening the regulatory mechanism;

d. Providing for stringent norms regarding maintenance of ‘solvency margin’ and investments by both public sector and private sector insurance companies;

e. Providing for a full-fledged grievance redressal mechanism that includes:

o The constitution of Grievance Redressal Authorities (GRAs) comprising one judicial and two technical members to deal with complaints/claims of policyholders against insurers (the GRAs are expected to replace the present system of insurer appointed Ombudsman);

o Appointment of adjudicating officers by the IRDA to determine and levy penalties on defaulting insurers, insurance intermediaries and insurance agents;

o Providing for an appeal against the decisions of the IRDA, GRAs and adjudicating officers to an Insurance Appellate Tribunal (IAT) comprising a judge (sitting or retired) of the Supreme Court/Chief Justice of a High Court as presiding officer and two other members having sufficient experience in insurance matters;

o Providing for a statutory appeal to the Supreme Court against the decisions of the IAT.

LIFE & NON-LIFE INSURANCE – Development and Growth!

The year 2006 turned out to be a momentous year for the insurance sector as regulator the Insurance Regulatory Development Authority Act, laid the foundation for free pricing general insurance from 2007, while many companies announced plans to attack into the sector.

Both domestic and foreign players robustly pursued their long-pending demand for increasing the FDI limit from 26 per cent to 49 per cent and toward the fag end of the year, the Government sent the Comprehensive Insurance Bill to Group of Ministers for consideration amid strong reservation from Left parties. The Bill is likely to be taken up in the Budget session of Parliament.

The infiltration rates of health and other non-life insurances in India are well below the international level. These facts indicate immense growth potential of the insurance sector. The hike in FDI limit to 49 per cent was proposed by the Government last year. This has not been operationalized as legislative changes are required for such hike. Since opening up of the insurance sector in 1999, foreign investments of Rs. 8.7 billion have tipped into the Indian market and 21 private companies have been granted licenses.

The involvement of the private insurers in various industry segments has increased on account of both their capturing a part of the business which was earlier underwritten by the public sector insurers and also creating additional business boulevards. To this effect, the public sector insurers have been unable to draw upon their inherent strengths to capture additional premium. Of the growth in premium in 2004-05, 66.27 per cent has been captured by the private insurers despite having 20 per cent market share.

The life insurance industry recorded a premium income of Rs.82854.80 crore during the financial year 2004-05 as against Rs.66653.75 crore in the previous financial year, recording a growth of 24.31 per cent. The contribution of first year premium, single premium and renewal premium to the total premium was Rs.15881.33 crore (19.16 per cent); Rs.10336.30 crore (12.47 per cent); and Rs.56637.16 crore (68.36 per cent), respectively. In the year 2000-01, when the industry was opened up to the private players, the life insurance premium was Rs.34,898.48 crore which constituted of Rs. 6996.95 crore of first year premium, Rs. 25191.07 crore of renewal premium and Rs. 2740.45 crore of single premium. Post opening up, single premium had declined from Rs.9, 194.07 crore in the year 2001-02 to Rs.5674.14 crore in 2002-03 with the withdrawal of the guaranteed return policies. Though it went up marginally in 2003-04 to Rs.5936.50 crore (4.62 per cent growth) 2004-05, however, witnessed a significant shift with the single premium income rising to Rs. 10336.30 crore showing 74.11 per cent growth over 2003-04.

The size of life insurance market increased on the strength of growth in the economy and concomitant increase in per capita income. This resulted in a favourable growth in total premium both for LIC (18.25 per cent) and to the new insurers (147.65 per cent) in 2004-05. The higher growth for the new insurers is to be viewed in the context of a low base in 2003- 04. However, the new insurers have improved their market share from 4.68 in 2003-04 to 9.33 in 2004-05.

The segment wise break up of fire, marine and miscellaneous segments in case of the public sector insurers was Rs.2411.38 crore, Rs.982.99 crore and Rs.10578.59 crore, i.e., a growth of (-)1.43 per cent, 1.81 per cent and 6.58 per cent. The public sector insurers reported growth in Motor and Health segments (9 and 24 per cent). These segments accounted for 45 and 10 per cent of the business underwritten by the public sector insurers. Fire and “Others” accounted for 17.26 and 11 per cent of the premium underwritten. Aviation, Liability, “Others” and Fire recorded negative growth of 29, 21, 3.58 and 1.43 per cent. In no other country that opened at the same time as India have foreign companies been able to grab a 22 per cent market share in the life segment and about 20 per cent in the general insurance segment. The share of foreign insurers in other competing Asian markets is not more than 5 to 10 per cent.

The life insurance sector grew new premium at a rate not seen before while the general insurance sector grew at a faster rate. Two new players entered into life insurance – Shriram Life and Bharti Axa Life – taking the total number of life players to 16. There was one new entrant to the non-life sector in the form of a standalone health insurance company – Star Health and Allied Insurance, taking the non-life players to 14.

A large number of companies, mostly nationalized banks (about 14) such as Bank of India and Punjab National Bank, have announced plans to enter the insurance sector and some of them have also formed joint ventures.

The proposed change in FDI cap is part of the comprehensive amendments to insurance laws – The Insurance Act of 1999, LIC Act, 1956 and IRDA Act, 1999. After the proposed amendments in the insurance laws LIC would be able to maintain reserves while insurance companies would be able to raise resources other than equity.

About 14 banks are in queue to enter insurance sector and the year 2006 saw several joint venture announcements while others scout partners. Bank of India has teamed up with Union Bank and Japanese insurance major Dai-ichi Mutual Life while PNB tied up with Vijaya Bank and Principal for foraying into life insurance. Allahabad Bank, Karnataka Bank, Indian Overseas Bank, Dabur Investment Corporation and Sompo Japan Insurance Inc have tied up for forming a non-life insurance company while Bank of Maharashtra has tied up with Shriram Group and South Africa’s Sanlam group for non-life insurance venture.

CONCLUSION

It seems cynical that the LIC and the GIC will wither and die within the next decade or two. The IRDA has taken “at a snail’s pace” approach. It has been very cautious in granting licenses. It has set up fairly strict standards for all aspects of the insurance business (with the probable exception of the disclosure requirements). The regulators always walk a fine line. Too many regulations kill the motivation of the newcomers; too relaxed regulations may induce failure and fraud that led to nationalization in the first place. India is not unique among the developing countries where the insurance business has been opened up to foreign competitors.

The insurance business is at a critical stage in India. Over the next couple of decades we are likely to witness high growth in the insurance sector for two reasons namely; financial deregulation always speeds up the development of the insurance sector and growth in per capita GDP also helps the insurance business to grow.

Law Librarian Cover Letter

A cover letter is a letter of introduction to the employer that persuades the employer to consider you further for a particular post. A law library provides necessary study and research material to the law students and staff members. A law librarian has to perform a large number of tasks in the law library. He has to provide research and examination assistance to the entire law faculty. They even help the students and staff in various types of legal research. So, we can conclude from here that it is not an easy job to perform. Only a highly qualified individual can work as a law librarian.

Now, given below is a sample law librarian cover letter for your help:

Your Name

Your Address

Your City, State, Zip Code

Date

Employer Name

Company

Address

City, State, Zip

Dear Mr. / Ms. Last Name,

With reference to your ad posting in The Daily Times Newspaper for the want of a Law Librarian, I hereby present my job application for the desired position. I have all the necessary qualifications and skills to be an effective law librarian. My strong professional background and skills make me an apt choice for this position. Therefore, I would be very grateful to you if you consider me for this important position.

I am an experienced individual in this field. I have a good amount of knowledge in providing necessary support to the staff and law students in various legal researches. I have exceptional creativity, flexibility, and teamwork abilities that are quite necessary in this field. I have done a Master degree in Library Science. This really provides me an edge over other candidates. I could really be of great benefit to your law institution.

I have ample amount of knowledge in all types of legal terminologies and providing guidance to the law students in choosing the right study material. So, if you feel that there is mutual interest then please contact me on the numbers given above. I really look forward to meet you as soon as possible. I have enclosed my resume along with this covering letter for your review.

Thanks for considering me for this significant position.

Sincerely,

Signature

Typed Name

The Second Law of Business Writing – Appearance Counts

A good first impression makes a difference; a document that looks unreadable will probably not get read.

Just as your business clothes make a clear statement about your professionalism, so the appearance of the material you write makes a statement too. If the page is sloppy or if it looks wrong, your expertise may be questioned. If content sounds arrogant, out of date, or impossible to read, you may have unwittingly set up a negative response.

Before you send your document, take a good look at it. Does it look inviting? Or is it off-putting? The white space you see is not merely an absence of print; it leads the reader’s eye to the nearest black. If there is too much black, it looks too tough to read and readers are reluctant to plunge in. They may set it aside, skim here and there, or simply trash it immediately. Whatever they do, you have not impressed them.

So, if there is not enough white space in your document, add some. How? Split any paragraph that is more than two and a half inches long. Use lists. Maintain good margins. Or create one wide column for text and a more narrow column for “pull quotes.” By the way, pull quotes are an ideal technique to use in dense documents because they lighten the overall look while repeating an important phrase or sentence from the text–and drawing attention to it.

Conversely, if there is too much white space, the material looks disorganized and impossible to read. Of course, you may have a paragraph that is only one sentence long. But if all your paragraphs are single sentences, the document looks like the writer doesn’t really understand what a paragraph is. Fix it.

Here’s how to improve the appearance of all your documents.

Think of the white space as an important component of the letter or document. The margins should frame the material, and the text must not appear too dense to wade through.
Try to keep letters to one or two pages. If you must convey a lot of information, use a cover letter and attach the information to it.
Avoid loose odds and ends–such as a single sentence on a second page.
Use lists to efficiently move the reader’s eye through information and to add white space.
Keep paragraphs to a maximum of four sentences. In a letter, remember to close with a separate paragraph “Call for Action”; do not write a one-paragraph letter.

What you say is important to the reader only if they bother to read. When you make your material look easy to read, it will actually get read. When your document looks accessible, it is. The truth is, whether we like it or not, appearance counts.

Choosing The Best Patent Law Firm Is Of Utmost Importance

Any time new ideas and innovations culminate in products brought to the marketplace, it is a natural concern that competitors and new market participants will readily copy these ideas and innovations. If the copying happens before the innovators are able to protect the ideas, through the drafting and filing of a patent application before the relevant authorities, the resulting impact can be detrimental to any size business, be the innovator a startup or multinational corporation.

The best patent firms understand not only the essential principles of patent law in their local jurisdictions, but are also bring with them attorneys well versed in technology, as well as the willingness to work with and understand their clients’ technical focus and management strategies. Leading patent law firms, whether larger firms or boutiques, stand behind their work product, and create patents able to withstand contentious licensing discussions and even patent litigation actions.

Patenting requires that the patent applications covering a company’s products be properly drafted, filed and prosecuted before relevant national and regional patent offices throughout the world. Good patenting usually results from hiring patent attorneys having relevant experience and education in the technology being covered, including advanced degrees in sciences and industry know-how. That is how top firms handle patents.

Best practices also require knowledge about the leading strategies and tactics for patent procurement, licensing and enforcement. These practices require a fundamental understanding of the law, which adapts and changes often with new challenges, and also the practical application of the law through diverse and extensive practice. Top firms employing these techniques are able to craft patented claims providing the proper breadth of patent protection, to artfully cover competitors’ copy-cat products, and even account for future generations of products, without being susceptible to invalidation due to preexisting innovations and a host of mistakes easily made in the esoteric patenting process found in every patent system.

It is recommended that the buyer beware, because patent agents and inexperienced attorneys may cause problems that are not likely discovered until years following patenting, when the stakes are high. Highly experienced patent professionals, the best of the lot, have the understanding that of perhaps thousands of patents reviewed for licensing to infringers for value, or needed for enforcement against bad actors, only a very few will properly cover competitor products and not run the risk of easy invalidation during the span of a litigation or before the relevant patent authority. In the U.S. in particular, patent enforcement actions face numerous allegedly antedating references applied by defendants to invalidate patented claims, both in the litigation in the relevant U.S. district court, and also before the U.S. Patent and Trademark Office, in the form of an Inter Partes Review or an Ex Parte Reexamination.

Choosing the best law firm to take care of such vitally important matters can mean the difference between profiting handsomely from the company’s innovations and ideas or instead spending a fortune in human and financial capital only to have innovative ideas be easily copied by competitors with no legal recourse. Obtaining a lawyer who understands patent law and a company’s core technology is of fundamental importance, and this is especially true for cutting-edge innovators in the high tech and bio-tech industries.

This is not to say that firms seeking patent counsel should not be cost conscious, particularly as legal fees have escalated in stagnant economies. However, choosing an excellent patent firm is still the preferred choice. In recent years, startups and other innovators have opted to hire boutique patent firms, offering reduced fees without skimping on attorney experience, to keep fees in line with tight budgets. As experienced practitioners understand, patents are about quality versus quantity, so fewer well-crafted patents covering a company’s strategic objectives are preferred today versus amassing many worthless patents produced cheaply.

Must See Resources for Maryland Small Business Law Issues

As any business owner can tell you, there’s a huge range of potential small business law issues which you can run into, starting from the business’s inception, and continuing practically each and every day from there. However, the good news is that there is a great deal of free information available online to help you sort through the mess. Here, you’ll find a list and overview of recommended, high quality resources for Maryland small business law issues.

The first place you may want to visit will be ChooseMaryland.org. This is Maryland’s Department of Business and Economic Development website, and it has many fantastic resources, including its step by step guide to starting a business.

You’ll also find a huge range of documentation and resources for Maryland business law, business-to-government issues, certifications, contracts and permits, and more. If you’re ready to jump right into it, you can download their 88-page “Guide to Legal Aspects of Doing Business in Maryland” to see for yourself what you’re dealing with.

Another destination should be Maryland.Gov. When you visit that website and navigate to “working” you’ll see a series of resources and links about business. This will take you to other official state websites and documentation on everything from labor laws to taxation and more.

The Maryland Department of Assessments and Taxation website is available at DAT.state.MD.US, and has a great deal of helpful information for Maryland small business law issues, including the appropriate filing and registration of a new business entity, the tax levels and financial-legal concerns of small businesses and on down the line from there.

The next website doesn’t deal with Maryland law issues specifically, but it’s all about the successful operation of a small business, and dealing with common legal matters. The site is Nolo.com, and within that, its “Running Your Small Business” guide. It has in-depth guides on issues such as contractors, eCommerce, business litigation, buying and selling businesses, and more.

Of course, there are also official federal government websites, such as the U.S. Small Business Administration, and Business.Gov. These will deal with federal issues, but will also provide information for state-level concerns, while providing access to the appropriate state-run departments.

Hopefully you now know about a few more places where you can go to learn more about Maryland business law issues. There’s a lot to consider, and whenever you’re in doubt, you should always seek professional legal assistance. The cost of hiring a lawyer is small when compared to the costs of not doing so, and in many cases, free consultations will be available.

Startup Law 101 Series – Ten Essential Legal Tips For Startups at Formation

Here are ten essential legal tips for startup founders.

1. Set up your legal structure early and use cheap stock to avoid tax problems.

No small venture wants to invest too heavily in legal infrastructure at an early stage. If you are a solo founder working out of the garage, save your dollars and focus on development.

If you are a team of founders, though, setting up a legal structure early is important.

First, if members of your team are developing IP, the lack of a structure means that every participant will have individual rights to the IP he develops. A key founder can guard against this by getting everyone to sign “work-for-hire” agreements assigning such rights to that founder, who in turn will assign them over to the corporation once formed. How many founding teams do this. Almost none. Get the entity in place to capture the IP for the company as it is being developed.

Second, how do you get a founding team together without a structure? You can, of course, but it is awkward and you wind up with having to make promises that must be taken on faith about what will or will not be given to members of the team. On the flip side, many a startup has been sued by a founder who claimed that he was promised much more than was granted to him when the company was finally formed. As a team, don’t set yourselves up for this kind of lawsuit. Set the structure early and get things in writing.

If you wait too long to set your structure up, you run into tax traps. Founders normally work for sweat equity and sweat equity is a taxable commodity. If you wait until your first funding event before setting up the structure, you give the IRS a measure by which to put a comparatively large number on the value of your sweat equity and you subject the founders to needless tax risks. Avoid this by setting up early and using cheap stock to position things for the founding team.

Finally, get a competent startup business lawyer to help with or at least review your proposed setup. Do this early on to help flush out problems before they become serious. For example, many founders will moonlight while holding on to full-time jobs through the early startup phase. This often poses no special problems. Sometimes it does, however, and especially if the IP being developed overlaps with IP held by an employer of the moonlighting founder. Use a lawyer to identify and address such problems early on. It is much more costly to sort them out later.

2. Normally, go with a corporation instead of an LLC.

The LLC is a magnificent modern legal invention with a wild popularity that stems from its having become, for sole-member entities (including husband-wife), the modern equivalent of the sole proprietorship with a limited liability cap on it.

When you move beyond sole member LLCs, however, you essentially have a partnership-style structure with a limited liability cap on it.

The partnership-style structure does not lend itself well to common features of a startup. It is a clumsy vehicle for restricted stock and for preferred stock. It does not support the use of incentive stock options. It cannot be used as an investment vehicle for VCs. There are special cases where an LLC makes sense for a startup but these are comparatively few in number (e.g., where special tax allocations make sense, where a profits-only interest is important, where tax pass-through adds value). Work with a lawyer to see if special case applies. If not, go with a corporation.

3. Be cautious about Delaware.

Delaware offers few, if any advantages, for an early-stage startup. The many praises sung for Delaware by business lawyers are justified for large, public companies. For startups, Delaware offers mostly administrative inconvenience.

Some Delaware advantages from the standpoint of an insider group: (1) you can have a sole director constitute the entire board of directors no matter how large and complex the corporate setup, giving a dominant founder a vehicle for keeping everything close the vest (if this is deemed desirable); (2) you can dispense with cumulative voting, giving leverage to insiders who want to keep minority shareholders from having board representation; (3) you can stagger the election of directors if desired.

Delaware also is an efficient state for doing corporate filings, as anyone who has been frustrated by the delays and screw-ups of certain other state agencies can attest.

On the down side — and this is major — Delaware permits preferred shareholders who control the majority of the company’s voting stock to sell or merge the company without requiring the consent of the common stock holders. This can easily lead to downstream founder “wipe outs” via liquidation preferences held by such controlling shareholders.

Also on the down side, early-stage startups incur administrative hassles and extra costs with a Delaware setup. They still have to pay taxes on income derived from their home states. They have to qualify their Delaware corporation as a “foreign corporation” in their home states and pay the extra franchise fees associated with that process. They get franchise tax bills in the tens of thousands of dollars and have to apply for relief under Delaware’s alternative valuation method. None of these items constitutes a crushing problem. Every one is an administrative hassle.

My advice from years of experience working with founders: keep it simple and skip Delaware unless there is some compelling reason to choose it; if there is a good reason, go with Delaware but don’t fool yourself into believing that you have gotten yourself special prize for your early-stage startup.

4. Use restricted stock for founders in most cases.

If a founder gets stock without strings on it, and then walks away from the company, that founder will get a windfall equity grant. There are special exceptions, but the rule for most founders should be to grant them restricted stock, i.e., stock that can be repurchased by the company at cost in the event the founder leaves the company. Restricted stock lies at the heart of the concept of sweat equity for founders. Use it to make sure founders earn their keep.

5. Make timely 83(b) elections.

When restricted stock grants are made, they should almost always be accompanied by 83(b) elections to prevent potentially horrific tax problems from arising downstream for the founders. This special tax election applies to cases where stock is owned but can be forfeited. It must be made within 30 days of the date of grant, signed by the stock recipient and spouse, and filed with the recipient’s tax return for that year.

6. Get technology assignments from everyone who helped develop IP.

When the startup is formed, stock grants should not be made just for cash contributions from founders but also for technology assignments, as applicable to any founder who worked on IP-related matters prior to formation. Don’t leave these hangning loose or allow stock to be issued to founders without capturing all IP rights for the company.

Founders sometimes think they can keep IP in their own hands and license it to the startup. This does not work. At least the company will not normally be fundable in such cases. Exceptions to this are rare.

The IP roundup should include not only founders but all consultants who worked on IP-related matters prior to company formation. Modern startups will sometimes use development companies in places like India to help speed product development prior to company formation. If such companies were paid for this work, and if they did it under work-for-hire contracts, then whoever had the contract with them can assign to the startup the rights already captured under the work-for-hire contracts. If no work-for-hire arrangements were in place, a stock, stock option, or warrant grant should be made, or other legal consideration paid, to the outside company in exchange for the IP rights it holds.

The same is true for every contractor or friend who helped with development locally. Small option grants will ensure that IP rights are rounded up from all relevant parties. These grants should be vested in whole or in part to ensure that proper consideration exists for the IP assignment made by the consultants.

7. Protect the IP going forward.

When the startup is formed, all employees and contractors who continue to work for it should sign confidentiality and invention assignment agreements or work-for-hire contracts as appropriate to ensure that all IP remains with the company.

Such persons should also be paid valid consideration for their efforts. If this is in the form of equity compensation, it should be accompanied by some form of cash compensation as well to avoid tax problems arising from the IRS placing a high value on the stock by using the reasonable value of services as a measure of its value. If cash is a problem, salaries may be deferred as appropriate until first funding.

8. Consider provisional patent filings.

Many startups have IP whose value will largely be lost or compromised once it is disclosed to the others. In such cases, see a good patent lawyer to determine a patent strategy for protecting such IP. If appropriate, file provisional patents. Do this before making key disclosures to investors, etc.

If early disclosures must be made, do this incrementally and only under the terms of non-disclosure agreements. In cases where investors refuse to sign an nda (e.g., with VC firms), don’t reveal your core confidential items until you have the provisional patents on file.

9. Set up equity incentives.

With any true startup, equity incentives are the fuel that keeps a team going. At formation, adopt an equity incentive plan. These plans will give the board of directors a range of incentives, unsually including restricted stock, incentive stock options (ISOs), and non-qualified options (NQOs).

Restricted stock is usually used for founders and very key people. ISOs are used for employees only. NQOs can be used with any employee, consultant, board member, advisory director, or other key person. Each of these tools has differing tax treatment. Use a good professional to advise you on this.

Of course, with all forms of stock and options, federal and state securities laws must be satisfied. Use a good lawyer to do this.

10. Fund the company incrementally.

Resourceful startups will use funding strategies by which they don’t necessarily go for large VC funding right out the gate. Of course, some of the very best startups have needed major VC funding at inception and have achieved tremendous success. Most, however, will get into trouble if they need massive capital infusions right up front and thereby find themselves with few options if such funding is not available or if it is available only on oppressive terms.

The best results for founders come when they have built significant value in the startup before needing to seek major funding. The dilutive hit is much less and they often get much better general terms for their funding.

Conclusion

These tips suggest important legal elements that founders should factor into their broader strategic planning.

As a founder, you should work closely with a good startup business lawyer to implement the steps correctly. Self-help has its place in small companies, but it almost invariably falls short when it comes to the complex setup issues associated with a startup. In this area, get a good startup business lawyer and do it right.