Over Regulation Killing Small Businesses and Franchising


More and more people want to own their own business, but the government obviously does not seem to want it. It’s pretty obvious when you look at all the obstacles, forms and regulations that small business people have to deal with. For example, in our company we have orders, simple business model and franchise this with great demand from our customers. Piece of cake right; you want.

But it should be easy, since they are really simple and basic elements of a good business, but you should see our latest UFOC-Uniform Franchise Offer Circular, pre-sales documents disclosure required of all franchisors . It is 210 pages including exhibits, audit and contracts. It’s totally nuts. Think about it, we are in the mobile pressure washing business, wash the stuff right? And we make arrangements for others to use our system, we have all mapped out and the right person for the program it works; even if someone does not follow the plan suddenly it’s our fault.

So we are forced to be autocratic, to make sure everyone follows the rules so they do well. Otherwise they turn their story and come up with some convoluted variation on the events occurred and sue us? When it was in fact those who do not follow the plan. Now think otherwise would attorney representing the culprit who made up the story always care about right and wrong? No they would be filing an entrepreneur because that is where the money is? The lawyer is in business to seek relief if the creditors are in the complaint. See the problem for entrepreneurs?

There is too much regulation directly to the officials and too many are litigious lawyers. If America could fix this one problem our economy would take off and keep the air in a century without these bogus business cycle. Should we cull all lawyers and lay off all the officials? Hard to say really, but something must be done. So consider all this in 2006.


Fisher Control Valves


Fischer is easily the leader in providing reliable regulators, control valves, instrumentation and performance of services. Fisher offers innovative and carefully testicular solutions to process control industry play a major role to reduce costs by keeping the lid on maintenance, reducing capital, reduce the cost of regulatory compliance, and increase the supply process.

Fisher high-performance anti-surge valve is easy to implement and services. These valves are specially designed and modified to meet the specific needs and requirements of the compressor fight against the increase in applications that require the ultimate in control and reliability. No longer do you enable complex system requiring personnel authorized and music. Now the fight against surge Fisher is changing valve easy and can also save money on the following upgrades to repay the initial investment several times your high-performance valves life.

Manufacturers Fisher control valves understand exactly how to meet the fight against valve control components – motors, digital controller valve, the valve itself and other factors involved in an efficient and effective design that makes just as with engineering knowledge 125 years process control. Fishermen fights against surge valves are rightly to be the best in business, management and reliability

The anti surge FIELDVUE digital valve controller (DVC) has many new features -. Powerful pneumatic relay, rugged I / P converter, and potted electronics designed to protect it from rough environments. These valves are certified as being both explosion proof and safe. These valves in accordance with the requirements of the ATEX Directive in Europe and its enclosure meets NEMA 4X and IEC 60529 IP66 conditions.


How to Avoid Being sued when you have Lease Real Estate


decision on whether to manage their own rental property or to outsource it to a professional residential property management company is a personal decision that only you can do. Two important aspects of owning and managing property is to know how to properly screen tenants and develop adequate knowledge of property law. Let’s look at both of these very important issues

Tenant Screening -. When a potential tenant submits an application for housing for you, you have to make a decision on whether or not you want to rent to them. A hundred years ago you might be able to make decisions based on gut instinct, but you can not rely on instinct or hunches, if you want to maximize your chances of a positive experience with the tenant you do not know.

As an individual real estate investor, you have limited information at your fingertips. Although you can call past and present employers, landlords, and other references, which is not necessarily paint an accurate picture of what kind of tenant you will get if you choose to rent them.

Because information is power, you will want to get as much high-quality, detailed information about potential renters as you can to reduce your potential liability in the event that something unexpected happens. For example, what do you do if it turns out that your “good renters” is a pedophile or a rapist? Can you afford a lawsuit from other tenants if something happens and you get sued?

There is a plethora of information available in various computer databases, but if you do not know where to look, it is useless. In addition, as an individual you may have difficulty running criminal background checks, credit checks and other checks ads. A professional residential property management company can complete these checks very quickly and easily, and is well versed in the best ways to go about obtaining this information

Property Law -. You’re not a lawyer, but you almost have to be in order to understand the myriad of laws, rules and regulations pertaining to the way you manage the property. Federal, state and local laws vary and change regularly. Only some of the laws that affect you and your property are Americans with Disabilities Act and the Federal Fair Housing regulations. Ignorance is no excuse in the eyes of the law, so if you run afoul just one of these laws, you open yourself up to being sued by the tenant, or be fined governmental Regulatory Agency -. Or both

Do you know if the property has to Wheelchair Ramp or safety rails? What about the rules for the wiring? There are hundreds of laws, rules and regulations that directly apply to you and you are expected to comply with all of them at all times.

You can learn these different rules, but they change so often that it can be a full time job just staying on top of all the changes. If you are not consistent, there is always a lawyer willing to file a lawsuit seeking money from yourself for daring to violate the law.

if you are not able or willing to be “hands on” landlord, residential property management company can provide knowledge and expertise to handle and sort out all these rules and regulations and keep you in regulatory compliance.

Prices are reasonable and you will rest easier knowing that heavy lifting is performed by knowledgeable professionals who have an interest in seeing that you are in full compliance with all rules and regulations.

Copyright (c) 2008 Michel Lautensack


Reply with OFAC Administrative Subpoena


The United States Department of Treasury Office of Foreign Assets Control (“OFAC”) has just sent you Administrative subpoena requests information relating to certain actions they suspect that you have participated in. What do you do?

One of OFAC Prime learning tools Administrative Subpoena. Here they ask you to give details of all your interactions with a particular country, person, or entity. In addition, they will ask you related data communication. What you say here may lead to further investigation or you will be punished.

So what you do at this stage is incredibly important. You need a lawyer. You need one for several reasons: 1. you need someone to interpret penalties rules for you; 2. uou one needs to determine whether the transaction was really a place; 3. you need one to submit your claims in a way that directly corresponds OFAC and gives them what they are specifically looking for; and 4. you need one to ensure you do not look as if you are hiding something or concealment of material fact from OFAC.

OFAC is usually looking for general information about what has occurred around a specific incident. However, other important information OFAC searches among

1. The scope of the transaction;

2. Over what period the transactions occurred;

3. The role you play in the transaction.

Usually you have 30 days to respond to the Administrative Subpoena. If you are near maturity response and you are still not sure what to do, then you should hire a lawyer and then request an extension for you. OFAC has in the past allowed extensions when good cause can be shown.

It is important that you keep in mind that your response to Administrative OFAC subpoena is given under 18 USC 1001, a criminal law covers falsification or concealment of material facts in statements on the matter under the jurisdiction of the US government. Punishment for violation of 18 U.S.C. 1001 includes fines and / or imprisonment up to five years, or both. Therefore, you need to take your response to Administrative OFAC subpoena seriously

The important thing to do with OFAC is also the most simple :. Answer them. While it can be a very difficult process, it is just best to give OFAC what they want so they can continue their investigation. Just make sure you go about it the right way and keep a lawyer to help you.

If you believe you may have violated any given OFAC regulations or seek assistance in accordance with the rules, please contact the author at 202 -467-8327 or email info @ ferrari-legal. com


Protecting your finances and assets Offshore


If you are self-employed, you are wealthy, you are married, you direct customers, business partners or you’re just worried that you’re overpaying tax, there is a great possibility that you should be to protect the financial and property ahead.

For many people, going offshore is like buying insurance against any of overpayment of taxes, perhaps, the attrition of assets or wealth of litigation, divorce, law suits or companies distribute perhaps – but one key thing to understand the offshore asset protection is this – if you’re going to do it, do it sooner rather than later …

When it comes to the question of when to protect your assets and financial offshore financial, legal and Your tax adviser will always tell you that the answer to ‘when’ is always ‘before’ rather than ‘later’ and simply put, there is no such thing as taking action to protect Fiscal situation too quickly -. especially if you want to go offshore for some kind of direct reasons prosperity protection

There is very good reason for this as well – basically if ever you are faced with a large tax bill, issued by the divorce proceedings, sued or held in the justice system, for example, then it is really too late to do anything at all to protect you, your finances or assets.

If you believe you ever be faced with legal proceedings of any kind, if you’ve ever been un or under insured or you are in a situation where in theory the customer, patient or member could give the case against you and not to take any fiscal protective action in advance and try to take such action after the open procedure even if you are sure of the innocence or of being right, you will be committing an offense called “fraudulent transfer.”

Abuse of performance is the term used for action taken if you try to move assets or wealth or previous protection of individuals, parties or places after you have been advised of a pending cases that better protected against potential court – so Do not wait, get you and your assets deserve protection today.

And remember – the world’s offshore consulting, services and solutions that is, all living with it is that “if you are going there, do it right” – ie take advice, Don ‘t go it alone – and take a professional and competent advice because if you rush your decisions, if you rush the planning and you get it wrong you run incredibly real risk of accidentally falling into the government and regulations followed traps or even tax avoidance nightmarish conditions.


Record Retention Policy – What You Must Know


Companies have always been left with the burden of keeping and organizing files. But as boring as it may sound, keep appropriate records and know how long to keep them is essential for businesses of any size. Needless to say, have a sound and reliable file retention policy on the side while the business operates has become indispensable.

The unfriendly regulatory environment that companies face has become a major factor that led to the need to have a good record retention policies. Big companies earning millions of dollars may face multiple lawsuits from time to time. This has caused them to invest in eDiscovery software and other ways to improve document management To respond if someone takes them to justice. But it is not just a multi-million dollar business that took a record retention and management to a higher level. Even mid to small sized businesses have recognized the need for good records retention policy.

surge in electronically stored information (ESI) for the subject to use computers in their daily work has also contributed to the search for better record retention policies. Unlike paper documents, electronic data is more complicated to manage.

main purpose of the record retention policy is self-protection when faced with legal action. A poor record retention management could cause millions of dollars in lawsuit fines. The sensitivity of the issues involved in the record retention has caused discussion about how it could successfully be implemented. But most would still agree that a more effective way to establish a reliable record retention policy by using a third-party eDiscovery software and document retention policy solution.


Energy Speculation and Oil Futures Contracts – A Regulatory Challenge


We have been studying for years the price of a product reflects the forces of supply and demand. Well, it has changed. Today, prices for goods are set in New York, London and other exchanges traded worldwide.

These days, the price of the product affects the trading strategies of speculators. They buy or sell paper contracts and they have no intent to actually purchase or deliver goods. Traders say this is a great technology, but it is also very dangerous for the system, because when speculation grows large, it has a major impact on prices. Paper contracts affect real lives. This is a high risk for many stakeholders.

In a few years, oil futures held by speculators have nearly tripled. Traders wanting to make money, do not guarantee the price of a commodity.

What is oil futures contract?

An oil futures contract is a legally binding agreement between the parties to buy or sell a certain amount of this product in the future at a certain price. Whoever buys the “long”, and the one that sells the “short” a futures contract

Oil futures are used :.

1. Speculation

Speculators hope that they will profit from anticipated increases or decreases in futures prices. Speculators as arbitrage: They are “long” in one market, and “short” in different markets.

Arbitrage is any technology that utilizes opportunities where the price of buying in one market is lower than the price to sell in other markets. Traders love arbitrage. They buy at a lower price and they sell immediately for a higher price.

2. Hedging

Several companies that produce products or provide services using oil. The oil price is very important for the pricing of products or services. But oil prices can change dramatically. These companies buy or sell oil futures to mitigate (offset) risk.

3. Risk Management.

Parties use forward contracts for risk management. They manage portfolio risk by buying or selling the underlying securities and at the same time by taking a security futures position opposite position in the underlying securities.

price of crude oil has risen from $ 50 to $ 150, and then went back to $ 50 a barrel. Was there a problem with the availability of the product? No, the record of oil in the United States had been over 5 years on average.

The Stop Excessive Energy Speculation Act of 2008 in the United States (July 15, 2008, with Senators Reid, Durbin, Schumer, Dorgan and Murray) tries to control speculation in the oil markets.

The Commodities Futures Trading Commission (CFTC) will be in a better position to punish price manipulation is based on excessive speculation. It will control the “London loophole” and use outside the United States time to work on the price of oil in the United States.

According stop excessive speculation Energy Act of 2008, the CFTC will have the authority to control a large over-the-counter traders to detect price manipulation or excessive speculation.

Compliance with stop excessive speculation Energy Act 2008 means more market transparency, and stronger market controls to reduce the impact of speculation and market manipulation.


Training Services Safety Consultants


Training is one of the various services of security consultants. There are many types of courses that all members of the organization must meet to become certified in regulation training. The following are some of these courses and why they are beneficial to safety.

On-site Safety Training

In these types of courses, workers’ safety consultants visiting the institute and give lessons on safety in the workplace. Supervisors pose challenging questions and case studies to employees about their own organizations. Such courses are always enlightening and give students a greater understanding of security needs.

Required Regulatory Compliance Training

This course is mandatory for all to attend because it ensures that all employees know the company’s policy of security required. Students should know what to do if the risk in the workplace.

Safety for Human Resource Manager

The security health falls mostly under the Human Resource department in all organizations, health security consultants specialized courses for human resource managers. In these courses, the HR person is informed to create a comprehensive security policy for the organization, and how to prevent and treat workplace safety crises.

drug and alcohol abuse Training

All employees need to be well informed about the effects of drugs and alcohol abuse in the workplace environment. This is because drugs and alcohol affect interpersonal relationships at work, and even more importantly, they affect the performance of employees. If the company is part of production or transportation industry, a Dangerous Goods Safety Advisor (DGSA) will be in charge of conducting such training.

Risk Assessment Principles and Practice

This course is conducted by security health advisors to educate employees about potential hazards in the work environment and how to treat them. It provides important skills in how to identify dangerous situations in the workplace, which helps in the prevention and preparedness.

These are some of the training services that come with hiring security consultants, they help to make the workplace contribute to better performance.


IT Asset Management & Business Data Security


In business it is important to keep your data confidential, integrated and available. For business house or it is necessary to have complete security of the network. It is part of the legal and privacy requirements. Business data service helps prevent vandalizing and theft of important information. Organization using business data security has an advantage over others. In companies of only a few who have access to information. no one can peep into the database

To add your knowledge of information has three integral components: hardware, software and communications. For IT asset management, there are experts who are well versed with IT portfolio management. These are technical, financial, physical and contractual aspects. By now you would have had a brief idea of ​​what it is the Asset Management & Business Data Security. So let’s see how these two are interrelated

Broadly Computer Asset Management can be classified into two types :. Software Asset Management which involves these specific practices that are specific to the software. This includes broadly, software license management, types of images, in accordance with the laws and regulations of the IT industry. Other Hardware’s portfolio includes management computers & computer networks.

Information management computer property has provided a complete business data maintenance and security. They help in

* Improving completed the process and support in making strategic decisions.

* Increased monitoring of supplies. Therefore, head of the organization knows what he has and how important communication and information are protected.

* High responsibility to ensure the fulfillment of the agreement.

* Develop performance and asset life cycle management.

* Proper utilization of software and hardware resources.

* Keeping backup data and to make data recovery process very easy without a waste of a lot of time.

* With their help, one can easily observe a person who is trying to abuse the information. Therefore, to the extent this helps prevent the risk of standardization and relevant documents.

Therefore, if you have not set up IT Asset Management & Business Data Security before, do it now that they are very important for every company. This will help you in outwitting your customers easily.


Manager or charges


Many individuals and businesses have the need for the commissioner for oaths to witness the signing of documents and swearing. Often the manager oath not just called Commissioner of oaths. However, two key points when commissioner for oaths are usually what’s manager vows and what EVP charges oath? The Oxford Dictionary describes Enska manager oaths as “solicitor authorized to administer an oath to a person making a statement.”

However, this definition somewhat misleading as it suggests that only Solicitors are commissioners for oaths. This is not the case with the following functions able to perform the functions of the Commissioner for oaths

* Notary Public

* London Notary

* Solicitor

* Barrister

* Legal Executive

* Licensed conveyances

The fees charged by the Commission oaths determined by law. The following fees recommended commissioners for oaths (Fees) Order 1993/2297.

* To take a statement, declaration or affirmation, for each person £ 5.00 to do the same.

* And in addition, for each show it referred to and needs to be checked or £ 2.00 for each plan needs to be checked.

Commissioner for oaths charges VAT where payable. However, Notary Public, London Notary or solicitor may charge fees that are higher than the statutory amounts and it is necessary to seek a fee quote in advance. Also decide how Notary Public will be expected to pay, as some Notaries will ask for payment in advance and often cash.