Property Law – Real Vs Personal


Property law in the United Kingdom is divided into three regions – Scotland, England & Wales, and Northern Ireland. The property laws of Scotland are quite different from that of England and Wales. However the property laws of Northern Ireland and England are fairly similar. Scottish law had originated and was derived from the Scottish feudal law system. However it has undergone extensive adaptations and changes under the modern statute. English and Welsh law originated and were derived from the English common law and English traditions. Many people are under the false notion that the property laws of England were derived from Roman law.

Under the English law is briefly divided into “personal” and “real.” This demarcation of into personal versus real is synonymous to dividing the same into immovable and movable property. This concept of movable property originated from the Roman era, where Roman law considered that personal belongings would essentially include goods, money, and all other movables which the owner may carry with him wherever he sees fit.

This essential demarcation between real and personal property still prevails in England and is characterized by the following:

• In real property there can only be limited ownership

• Personal property cannot include estate and can be considered to complete ownership

• Personal property cannot be subjected to the other incidents of real – mainly lease, renting, dowers or escheat.

• Upon the demise of the owner, in case of him dying intestate, not having left behind a will intestate real property will descend to his legal heirs, whereas all other belongings will be distributed as per the Statute of Distributions.

• Real property needs to be transferred through a deed, whereas personal property does not require any such formal approach for transfer.


RI Real Estate Law – Purchase and Sales Agreements – Single Family


In Rhode Island most buy and sell agreements (purchase and sales agreements) for single-family homes are on a form prepared by the Rhode Island Association of Realtors. The Purchase and Sales Agreement is a very important legal document that typically sets forth the sales price, time, date and place of the residential real estate closing, contingencies based on financing, as well as many other provisions.

You may attempt to negotiate modifications to this agreement and are not obligated to sign the standard form. Prior to signing the Purchase and Sales Agreement, the buyer should contact a Rhode Island lawyer / attorney who specializes in real estate law, residential real estate closings and title law.

This agreement was drafted with the intent to be fair to both buyers and sellers of residential real estate; however, the buyer should not sign this agreement without paying careful attention to all of the provisions including the following provisions:

1. The agreement provides for a certain number of days within which buyer must apply for his/her mortgage. Pursuant to the terms of the standard Rhode Island Purchase and Sales Agreement, if the buyer fails to apply for the mortgage, his deposit will be forfeited. Please make certain that you allow enough days for this application to be made.

2. The agreement provides that if the buyer applies for a mortgage greater than the amount set forth in the Purchase and Sales Agreement, buyer will have no right to obtain a return of his deposit if his mortgage application is denied. Buyer should be certain that the amount filled in for his proposed mortgage is in fact the highest amount that he intends to apply for.

3. The agreement provides that the buyer must accept the property with any easements or restrictions of record that impact the property. The buyer should read the Rhode Island Real Estate Sales Disclosure Form prior to signing the Purchase and Sales Agreement. Rhode Island Law requires that the seller of residential real estate in RI notify the buyer of any restrictions or easements. Buyer should check the disclosure form and if the seller indicates that there are restrictions or easements, buyer should read them prior to signing the Purchase and Sales Agreement. If the buyer does not understand the legal implications of the restriction or easement, then they should contact their real estate attorney.

4. Buyer’s right to a return of their deposit in the event they are not satisfied with house inspections, such as physical/mechanical, pest infestation and septic system, depends on the inspector finding a substantial / materially deficient condition which has not been disclosed to the buyer prior to the execution of the Purchase and Sales Agreement. This means that the buyer should carefully read the Real Estate Disclosure supplied by the seller prior to signing the Purchase and Sales Agreement to make certain that seller has not disclosed existing deficient conditions on the property in this form. If deficient conditions have been disclosed, the Purchase and Sales Agreement should be amended to indicate that buyer may terminate the agreement based upon these deficient conditions


Real Estate – Property Tax in Cyprus


We’re all aware of the annual property tax which is based on the property’s value as this is set by the Lands Office and with the valuation date 1.1.80. It is appreciated that values as at that date 1980 were very low by comparison to today’s, even now recessionary, prices. The existing tax system is scaled and it is as follows:

From 0 Up to €120.000 Tax 0% *

€120.001 €170.000 0,4%

€170.001 €300.000 0,5%

€300.001 €500.000 0,6%

€500.001 €800.000 0,7%

€800.001 €+ 0,8%

* Note the percentages are per thousand not per hundred

The new proposed law (not approved as yet) which will become effective from the new year 2013 suggests the following.

The values as set at 1.1.80 will be upgraded based on inflation, which is 3.5 times i.e. an apartment valued as at 1.1.80 for €100.000, it will now have a value of x 3.5 €350.000.

In addition the tax scale will be as follows:

From + 0 %

0 €150.000 0

€150.001 €500.000 0,6%

€500.001 €1.000.000 0,8%

€1.000.001 +1%

So the apartment which had a value of €100.000 1.1.80 and which was tax exempt, now it will be:

€100.000 *3.5 = €350.000

Less tax free €150.000


Tax 0,6% €1.200 p.m.

This is a very large hike on taxes and it is especially hurtful when one considers that:

  • Cos are not allowed to benefit the €150.000 exemption.
  • Individuals property value is the total of all the properties that one owns, e.g. if one owns 3 properties i.e. the flat €100.000 a holiday house €80.000 and a plot €30.000 (at 1.1.80 values) the total of €210.000 will be increased by 3.5 less the exemption (only €150.000) and the appropriate scale levied.
  • This will hurt especially the developers who own large holdings sold or unsold units, who will pass on the higher tax to the buyers.
  • Most buyers are liable to pay the property tax after delivering of a property. A buyer who is tax exempt on his own will most likely find that he will be taxed on the 1% rate. But if he has deposited his sales contract with the Lands Office he can claim back the difference (or the total if tax exempt).
  • Property which belongs to more than one person, each person will be taxed separately, reducing thus the tax accordingly since each person will be taxed exempt by €150.000.
  • If you are wondering what the 1.1.80 is and if you have a title, the value of 1.1.80 is so recorded on the title (middle space).

This is a temporary measure until the Lands Office carries out a new valuation at current prices (one expects of course that the scales will be reduced).

You do appreciate that an apartment having a 1.1.80 value of €30.000 (real example on Kennedy Avenue – Nicosia) which is owned/not yet transferred by the developer to the buyer, he will be charged at the top scale of 1% (€30.000 x 3.5 x 1%) = €1.050 p.a. – but if he has no other property, he could claim it (once he pays) back.

In order to continue with the bad news and because the local authorities use the value of 1.1.80 for the local municipal taxes, sewage etc, if they are to adopt the 3.5 factor, you do appreciate what we are talking about.

Those who consider to transfer to a Co each one of their property to separate Cos, bear in mind the setting up cost of the Co, the annual tax of €300 p.a., the auditors fees etc, better check this with your accountant if it pays – bearing in mind the Cos do not have the €150.000 exemption. Some people transfer their property to the spouse and children in shares, but one must consider the side effects of this.

This is a crazy law at this point of time when people are hard up for cash while straggling developers might go under since their property/municipal taxes will no longer be affordable with the 1% rate. No wonder that people are turning to churches in an increasing numbers as well as to the casinos!!


Real Estate Law – Legal Issues when you file Property Taxes


Property taxes can be a burden, especially if your budget is stretched. Furthermore, the amount of property tax you have to pay often depends on the place where you live, where each local area sets its own rate of property tax.

This means that if you are in an area that traditionally puts a high percentage of the tax, you are obviously going to end up paying more than you would in some other regions of the country.

In addition to these basic concerns, there are also some other legal issues you need to be aware of when you file your taxes.

You need to explain the Administration

The property tax system is very complex, with most municipalities have been given the ability to adjust the rate of tax they charge according to their need. This means that you always have to keep an eye on the latest rates to ensure that you are paying the right amount.

Part of the reason for this adjustment is that the government needs to keep a group of people who carry out administrative tasks, such as determining when an extension has been built on the property and how it affects the amount of tax paid. Simply put, do not always assume that the rate of last year are the same this year.

You can send appeals

If you consider the amount of property tax you are scheduled to pay far more than you should be for the property you own, you may file a complaint with your local authority ask for a lower valuation of the property.

This can be especially useful if the external factors affecting the value of the home, or local real estate market is in a slump. You should always talk to a lawyer when considering this option, as you will need to provide plenty of evidence that you should not be paying taxes asked how built in your home. Furthermore, such an assessment drive up operating costs as the government faces, which can have an indirect impact on driving up prices for everyone in the community, including myself, next year.

Be wary of Home Improvements

It is often claimed that high property play an important role in discouraging home improvement, and it is something you need to consider when you are thinking about build a new extension or do some repairs. The chances are high that you have to pay a higher rate of property tax for work, so make sure you consult with a specialist before you go ahead and are aware of the consequences, and that you have the budget to cover higher taxes as well as work.

Remember that a higher assessment on your property means a higher rate of tax to pay. This has the unfortunate effect of discouraging people from making home improvements, but in the current system, it is still an important consideration.


Real-Estate Deals And securities laws


When the composition of a real-estate deal that includes other investors sometimes referred to as “syndication”, must be in compliance with state and possibly the federal securities laws. When securities are issued, they must be registered or fit within the exemption. Otherwise, investors may subsequently be able to sue the principal and the state B and – or seconds can impose fines and prison sentences. Often offering is structured to fit within the exceptions in the law that would otherwise require registration of securities. One must weigh the advertising needs, whether the requirement will eliminate too many investors, whether investors come from more than one state, etc. to determine the best exemption.

definition ASecurities @

definition Asecurities @ is quite broad. Under federal law concept Asecurity @ means the A note, Stock … evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement … @ etc. California law definition basically a federal one. Note that this definition includes promissory notes secured by real estate, but there are exceptions securities laws applicable in that case.

There are some exceptions to the definition Asecurities @. Public interest groups are not considered securities, on the theory that the general partners who have the right to exercise meaningful control over the operation. Limited partnership interests, however, be considered as securities

If investors are all tenants in common (which means they are registered to work but there is no formal unit), there are no securities -. But owners who all have the same personal responsibility as if they were members. Good insurance coverage is key in this case.

interests Limited liability companies generally form securities. This is certainly true that the manager managed LLC = S. Still, there is exception under California law for the member managed LLC = S where all members participate actively in the management LLC. The California law says that Asecurity @ does not

a membership interest in a limited liability company in which the person requesting this waiver can prove that all parties participate actively in control of a corporation; provided evidence that the parties, or have the right to vote or the right to information about the business and affairs of the corporation, or the right to participate in management, shall not, without more, that all members are active on the board of a corporation. …

the definition shows, however, that members must be truly involved in the management, and not only have the right to do it.

It is not yet clear whether it is similar to the federal exemption (the cases appear to conflict), so the safer course at this time is expected to auction LLC interests to residents of different states are securities under federal law.

There is also an exemption under California law for certain secured debentures. Specifically, there is an exemption for

A promissory note secured by a mortgage on the property, which is not one of a series of notes of equal priority secured interests in the same real estate or comment as beneficial interests are sold to more than one person or entity.

This works there is just one investor at the hotel. It does not work if there are different investors secured by the same property (unless each investor will lie with priority). This is an unusual exemption in that it does not require any form to be filed with the state.

Also, if the promissory note has equity (profit) “kicker” (versus just interested), then the note is security.

Unfortunately, there is nothing comparable on the federal level.

General Rules

General position of investors (and not the state in which the entity was formed) decide what securities laws apply. For example, if you sell securities only in California, then you just need to deal with California securities laws. If you sell in other countries as well, generally you will also be in compliance with federal securities laws and the rules of the country where you sell.

Because registering offer of securities with state and / or federal agencies can be expensive and time consuming, a public offering is built specifically to comply with one or more exemptions from registration. These types of deals are often called APrivate locations @

One of the consequences of using securities exemptions, however, is B with a few exceptions -. Public advertising is not allowed. Since it is allowed, restrictions on advertising apply generally.

Another consequence of using securities exemptions is that many of them make financial demands of investors.

Finally need most securities Exemptions complete exemption application forms with relevant state / federal securities agencies. Still, this is vastly simpler than the formal registration of the offering.

California Exemptions

If public advertising is required, then either 25,102 (n) offering or California SCOR offer the offering shall be used. See How Securities may be sold discussion here about what works and does not include general advertising.

The California 25102 (n) exemption allows up to $ 5 million to raise, but only Atombstone @ (bare bones) ad, you can use B though it can be put on the website also B and only Aqualified @ buyers can invest. Complete information about the offer can only be given to those who respond to Tombstone ad and then sign a document confirming that they are qualified buyer.

If the entity making the offer is a company (receive and LLC), the qualified buyers for 25 102 (n) purposes are companies with more than $ 5 million dollars in assets, and individuals with either a) a minimum net worth (in associated with a spouse) $ 250,000 and revenues in excess of $ 100,000 or b) a minimum net worth $ 500,000. Kicker is the value of the residence will be excluded in both cases. In addition, the amount of investment each person can not exceed 10 percent of net worth individual.

The 25 102 (n) exemption can also be used with the LLC, but the investors have to meet federal A recognized invest @ standards discussed below.

Alternatively SCOR (Small Corporate Offer Registration) offer exemption. This is limited to auction up to $ 1 million. Unfortunately, California makes it much more difficult to do SCOR offering than other countries. Financial need Aopen @ gifts (as opposed to those limited to, for example, accredited investors) or gifts in excess of $ 500,000. The money raised can only be used for business, not to pay debts, and California requires a minimum price of $ 2 per share. In addition, the exemption is limited to the company (not LLC = S) with one class of stock. Finally, California requires SCOR offering qualify for a license. This means that, unlike with most securities exemptions, the state has to accept the offering before it can be done. Therefore, a SCOR offering includes California is usually not particularly attractive.

If public advertising is not required, California 25102 (f) and (h) exemptions are much easier to use.

These two exceptions have a number of similarities. Both have no limit on the amount of the tender. Both are limited to 35 investors, however, generally insiders and accredited investors are excluded from the count and spouse are considered one investor.

One major difference is that 25,102 (H) exemption is limited to companies with a single class of stock; to 25,102 (F) exemption can be used for all securities. This can be important because LLC = s are often used for investment real estate, provided that the section S corporation can not be used if its income from passive investments (such as rents) is more than 25% of the total of more than three consecutive years. Another problem with using 25 102 (H) exemption is that it is not allowed to sell a product (commissions, discounts to brokers, promotional expenses); the 25 102 (f) exemption does.

On the other hand, 25 102 (f) exemption requires investors to have substantial pre-existing relationship with one or more principals of the company or the ability to protect their own interests (alone or in conjunction with an investment adviser); the 25 102 (H) exemption has no restrictions on the type of investor. Also, while Ageneral solicitation @ is allowed with neither one, 25 102 (H) exemption makes a unique personal contact with anyone. However, 25 102 (f) exemption allows advertising to be only to individuals fairly considered in advance to meet the 25 102 (F) qualifications. What that means is that with 25 102 (h) waiver (but not 25 102 (f) exemption), letter or e-mail for the award can be sent to a list of potential investors without knowing anything about them.

Federal Exemptions

If the Offering is a population of more than one state, the federal securities laws apply as well. It means that, with the exception of federal Rule 506 offering (discussed below), for an exemption for both state securities laws and the federal securities laws must be met.

The Federal Rule 504 exemption may be attractive if the offer for $ 1 million or less, as it makes public advertising and there are no investor qualification.

If the offer is limited to accredited investors (defined below), there are approximately 40 countries that have adopted the Model Accredited Investor Exemption (Maier) B and no registration is required of them. The Maier makes public advertising Tombstone ad for investment, as the tombstone ad for California 25102 (n) exemption discussed above (though some states have variants).

The Rule 504 exemption can also be used in connection with SCOR offering or (at least in California) California 25102 (n) exemption.

The Federal Rule 505 exemption covers gifts up to $ 5 million. Although no general solicitation / advertising is permitted, there are no suitable investors. It could possibly be combined with California 25102 (h) the tender if you wanted to send a unique offering to the list of persons without knowing what their education could be. Some other states also allow the Form D / Rule 505 filing rather than having their own exemption forms, but there are fewer of these countries, but those who have adopted Maier. Therefore, Rule 506 exemption is usually much more attractive.

The Federal Rule 506 exemption does offer an unlimited amount of B but only to sophisticated or accredited investors. The big advantage of this type of auction has is that it is exempt from all state regulation (although notice must be placed in some states). In other words, no state is authorized to make any revision of the specification and may prohibit the offering. For this reason, this exemption is often used.

The offer can only be made to individual accredited investors (other sophisticated investors can invest as well as long as there is material available connections).

Basically, accredited investors

Any organization not formed for the specific purpose of acquiring the securities offered, and total assets in excess of $ 5,000,000,

Any director, executive officer, or general partner of the issuer of the securities offered or sold, or a director, executive officer, or general partner of the general partner of the issuer

every person as an individual net worth, or joint net worth with spouse concerned, at the time purchases in excess of $ 1 million,

Any person who had an individual income in excess of $ 200,000 in each of the last two years or joint income with a spouse as a person in excess of $ 300,000 in each of those years and has a reasonable expectation of achieving the same revenue year.

Although federal Regulation A exemption looks initially attractive because test the water @ provisions, the problem in California’s request for qualification B is relatively complex B must be filed with the state first. Moreover, other States = securities laws of kt. A gifts. (Reg. A offerings are also limited to a maximum of $ 5 million.) In addition, Reg. A Atest water @ auction can only be done by a licensed broker-dealer. If all offering made exclusively in California, broker-dealer only has to be registered with California; if the securities are offered to those in other states, the broker-dealer must also be registered with the SEC. Because of these limitations, Reg. A waiver is not very attractive.

who may sell securities

The general rule is that anyone who tries to sell securities must be licensed as a broker.

Fortunately, California law states that this does not apply to the officer or director of the company making the offer or the person sitting in a similar status or performing similar functions (as administrator LLC), provided that he / she does not benefits specifically related to the purchase or sale of securities. In other words, they can do it as part of the salary, but not, for example, on a commission basis.

Federal law is much the same.

All others must keep server = S license. If the auction sold only in one country, you need brokers to obtain a license in the state. If the auction is sold in more than one state, the server must have permission from the SEC as well.

How Securities may be sold

As previously proportionality with many private placements, public advertising is not allowed.

What you can do in these auctions is one contact with potential investors you consider reasonable to meet the requirements of the securities exemption. (This often involves potential investors who have a significant underlying business or social relationship with one or more of the principals). You can contact them by letter, phone, email, etc. as long as the communication is targeted to them individually. What you can not do is to run a newspaper ad, set up a Web site, go out flyers, etc. offer to sell securities. You also can not send offers to sell them on the list if you have no idea whether they qualify to be an investor. On the other hand, if for example, you are making Rule 506 deals, you can buy a list of investors from a reputable company if the company guarantees that he is pre-screened investors and had a licensed broker determine that they are accredited investors; in that case, you can contact with potential investors listed separately.

In addition, the company can provide information about themselves to the public as long as the information does not constitute an offer. In other words, as long as it is not trying to sell B or attempting to solicit an offer to buy securities B, you can provide information about what the unit is doing or intends to do.

For example, a company can have a web site that generally describes what the company is doing and say something like plans more information, click here. @ (The web site itself, of course, can not offer to sell any securities or to receive an offer to buy securities.) The link will then lead to investor questionnaires / certification and statement that it should be completed and submitted to the company. As questionnaire / certification will then review the decision made on whether a person is qualified. If and only if there is reason appears to be qualified, you can send invites and / or passwords given a special section of the website containing the offer materials.

Another option is to keep Aeducational @ courses where you indicate what the company is doing. The course, of course, can not call or request for bids to invest. You can, however, go buy a questionnaire and tell people that if they want more information about the company they need to complete the questionnaire and return it. You can also mail or email questionnaires to attendees. Forms that are returned can then be reviewed to determine which investors qualify for the offer. You can then make an offer targeting only the normal seems to be qualified.

Although the SEC is to re-evaluate the case, if the federal securities exemption is used (because not all investors from state to state), the only licensed brokers can make a decision to potential investors is qualified (unless the investor has substantive existing business or social relationship with one or more of the principal so that the principal fairly considers the potential investor is qualified). This is not the case if the offering is made only to potential investors in California.

Note that you can not just ask potential investors if they are qualified to invest. Instead, you must use the investor questionnaire and responses reviewed to determine whether an investor is qualified or not.

above article constitutes general information only and should not rely on it as legal advice.


What happens after you renew your business license through the NMLS?


Starting November 1, 2010, all mortgage companies licensees (mortgage bankers, mortgage lenders and mortgage brokers and their branches) must renew the licenses which expire on 31 December 2010. For those who are licensed in countries transformed into Nationwide Mortgage Licensing System (NMLS) in 2008 or 2009, this post is old hat. For those who are to renew the first time, you may be wondering what the process is like. I’ve been helping customers NMLS renewal since 2008, so I’ve been down this road before.

The renewal process for most countries start using NMLS specify which license you are renewing. You confirmed that the company file and pay renewal and NMLS fees. You should be aware that there are still some countries that are not renewing a business license through the NMLS (though they may be a renovation loan originator licensed through NMLS). These states include CA-Dre, Hawaii, Maine, Florida, Utah DFI, Nevada, Minnesota and Delaware. If you have a license in one of the states that are not renewed through NMLS, you should have received a renewal of the license application and a guide. If you do not, you should call your state licensing agency and ask for a renewal of material. You want to start the regeneration process as soon as you can.

When the company has renewed its license through the NMLS, you need to revise the jurisdictional checklist for each state where the company is licensed. Print renewal Checklist for each state and the complete list. Send in each Checklist along with any additional data required for each state regulatory agency.

state may take several weeks to process an application for renewal and additional. If you have not sent in additional documents and checklists, reviewers will send the items still needed on the task list associated MU1 record company. You have to keep checking to see if the Task List is changed. You can also view the status of the operating company by clicking on the Composite tab and look at View license / Registration List.

If you wait until the end of December to renew the licenses, it is likely that the approval of the renewal will not come through until sometime in January. This creates a problem for mortgage brokers that investors will not let them close without permission in 2011. Do not wait until the last minute to renew.


When it comes to eDiscovery, mail management is the key


It is not unlikely that one day your company becomes a party to the law suit. In the digital age, this means scrambling to collect data in a wide range of form-e-mail, instant-messaging traffic, Microsoft Office files, accounting databases, CAD / CAM files, websites, audio and video recordings and More- up to used in the discovery phase of the legal process. You will be asked to find this information, no matter where they live, whether it is managed or unmanaged storage. This task can be daunting. The cost of collecting information is often expensive.

With the recent regulations, such as Sarbanes-Oxley Act (SOX) and the Federal Rules of Civil Procedure (FRCP), it is a new world harmony. Based on these rules, companies must have a clear policy on data retention, which allows management to quickly and easily identify relevant data for motion detection. If the company is a creditor in the law suit, it is necessary to publish an e-discovery company policy in his first meeting with the defendant after filing the case. This includes a plan to produce data within a reasonable time. If a company can not produce registered discovery for its own strategy, the company could incur substantial fines.

What makes eDiscovery projects even more staggering is the increasing amount of data a company produces. Research The Radicati Group in 2007 reveals that a typical corporation will generate approximately 4.3 GB of electronic data per user per year. And in 2011, is expected to grow to 6.7 GB per year. Much of this data is email. According to IDC, e-mail volume has doubled in the past 5 years to over 40 billion person-to-person emails a day. Moreover, the volume is expected to continue to grow over 18 percent in each of the next five years. The good news is that there are now eDiscovery solutions to ease the burden and cost summary electronic data. Spirinet offers e-mail storage, along with spam filtering and web protection, with her partner MX Logic. MX Logic Message storage, powered MessageWatcher®, can easily and effectively help companies to comply with e-mail archiving and electronic safety regulations such as Sarbanes-Oxley Act, HIPAA, and new federal Rules of Civil Procedure (FRCP).

The fully managed email archiving service also helps to protect the company from the workplace compliance issues, including harassment, discrimination and illegal activities.

Does your company need a better solution for managing email? Spirinet Technology Services can help you evaluate the best solution for your business. For more information, please call us at 877-call-MSP.


SEC wanted more control that were not insiders; The consequences Again


The Securities and Exchange Commission thought it might be a neat idea for Corporate Board to have fewer insiders on them so they would serve shareholders and will not allow corporate executives to do so much Hanky ​​Panky and keep getting so big bonus. Unfortunately, as good as this little nifty idea was that it is quite a socialist transformation in American Corporate Board Rooms.

Now we see that at Hewlett Packard, a board not so beholden to the company has been spying and give priviledged, insiders and the information to reporters who then put it out on the Associated Press to undermine the company and causing stock prices lower, hurt by equity and share valuations. Whoops? Looks like the law of unintended consequences of the regulation and meddling rears its ugly head again.

But the story gets worse. CEO of the company wanted to find out who was leaking information and a private investigator was hired. Turns out that the private investigator used “pre-texting” and that really goes against the grain of regulators trying to reduce identity theft, even though federal regulators use the very same trick to track down abuse.

Looking SEC, which wanted more control in American Corporations who were not insiders now have egg on their face for pushing such a policy in the first place, but we should not be so surprised, as this is just one of hundreds of rules, resulting in the law of unintended consequences. Consider this in 2006.


US FDA Food Contact Approvals: The Use Is the Key


When it comes to understanding what it takes to be Approved as a “food contact substance,” the key question is what kind of use the substance willhave. The skies Different kind of food contact substances are Twofold: Food additives, sem Actually enter Into the food in what Oftel are rather minimal quantities; and food contact materials, such as packaging and cooking utensils.

The key questions for food contact substances That are not food additives are how much of Them Actually become combined with the food Itself and what are the Conditions of the use of the food contact materials, eg, for liquid foods, acidic foods, hot foods, cold foods, etc.

Based on the classification of the food contact material as an additive or simply a substance That will come Into contact with food, as well as the kind of contact That Will occur, US Food & Drug Administration (“FDA”) Regulations specify exact kind of “extraction” testing that must be conducted in order to determiner exactly what quantities of the food contact substances Actually Will be extruded Into the food Itself or, Alternatively, the Regulations Provide for Calculations of extraction without the need for testing (where the Estimated extraction of materials is usually in a higher than what in fact is extracted).

After performing the requisites extraction testing, as well as providing the Appropriate physical data and use description of the food contact material, a Food Contact Notification may be filed with the US FDA That Will take up to 90 days to be Approved. The key is reading the highly technical guidelines about what data to submit and in what form.

For more information, contact the Ibex Global team at or visit us on the web at or [].

* This document is not superintended to Provide legal-regulatory advice but merely as a general overview of the subject matter. For specific issues and products, Consultation with a regulatory expert is advisable.


Unions vs. Management – economic weapon


Throughout this essay, I will describe the economic weapons available to employers and unions in negotiations. For each, I will explain how the weapon is designed to exert pressure on other parties and the advantages and disadvantages of each. Keep in mind, I will be focusing on the private sector employees covered by the NLRA. I will try to make a distinction that would apply to public and not NLRA covered workers as I go along.

economic weapon of employers consist of a lockout; plant closings and other economic pressures

While locking is primarily an economic weapon used by employers. it is rarely used. According to the class handout, the employer can lock out its workers to bring economic pressure on the merger. For example, an employer can Lock offensively, ie to put economic pressure on the union to become negotiate their claims. In other words, the theater could lock-union employees in the maneuver see the slow season to outmaneuver the possibility of the union striking at the busiest right to apply its pressure on the theater. Thus, the theater hopes to resolve the labor issue, to their advantage, before the busy season (eg Christmas season).

Lock is consisted of other things, as well as general aspects described in the preceding paragraph, such as: time; Impasse pre-lockout, and partial lockouts. The employer can hire afleysinga- the lockout but it is not allowed to hire permanent replacement. Pre-Impasse lockout lockout are performed before impasse (deadlock in negotiations).

On the other hand,

part lockouts come from the law on employer, however, allow employees to work hours, stop providing other contractual obligations as an opportunity to work overtime or payment of penal rates.are lockout provided in part way ( ).

Both pre Impasse lockout and partial lockouts are legal as long as they are not

support a bad faith bargaining; reducing union activity; to assist ULPs, and etc. If not, they would be illegal and inconvenience to the employer.

As a lockout, the employer can use a plant closure as an economic tool to exert pressure on the merger. A plant closing can be divided into three main parts: a complete shutdown; Partial closure, runaway shop. The advantage of complete closure is that the employer can completely ceased their activities, even if it is motivated purely and admittedly by anti-union animus. However, the employer may be obliged to negotiate the impact closure.

A partial shutdown (as the name suggests) is legal unless it can be proven that the employer intended to “chill” unionization. If not, measures would be applied to start the base or other resources can be found.

As for runaway shop, it is defined as when the employer transfers the work from one plant to another plant or open a new plant to replace one closed. It also applies within the plant, where work is transferred from one department or group of workers to another. The same applies if the work is subcontracted out to “Alter Ego” employer. Advantage and disadvantage Runaway shop is that although the NLRB considered moving work to be inherently destructive (disadvantage) of workers’ rights, the theory was later rejected (advantage) in the absence of specific contractual ban. In other words, an employer can argue that economic necessity dictated that he / she applies Runaway shop to avoid unnecessarily burdensome economic

Other types of economic pressure are common campaign. promotion and political pressure. These kinds of economic pressures are advantageous as long as they toe the line of the law. For example, an employer should not reduce the NLRA in the corporate campaigns and promotions, and it should not break the law when applying political pressure (stay away from bribe officials).

To counter means (as owner / managers) employers the upper hand in the negotiations and his / economic her arms, unions employ economic weapons like strikes and picket lines. Strikes can be divided into economic strikes; ULP strikes; secondary strikes, and unprotected strikes.

First, economic strikes strike usually used to oppress the employer to agree to raise, for example. The disadvantage of economic rise is striking employees can be permanently replaced after 12 months on strike. Team Consequently, ULP strikes used mostly where the employer can not legally replace strikers with permanent replacement after a year of striking. Regardless, you ULP strikers to avoid striking against a third party to influence their negotiations because the other strike is illegal -. Unprotected strike

Other unprotected strikes striker ULP has avoided include failure to provide 8 (d), (g) reporting; fraud or abuse; striking for an illegal object; partial or intermittent strikes; slowdowns and sit ins. Let’s start with 8 (d), (g) notice; it is a notice required to be present at certain time frame to avoid a strike or picketing from gaining unprotected position. Likewise, striker defaming employer no logical connection to the strike or commit violence exposed. For example, a striker can not say product employer is of low quality without involving low quality caused by inexperienced / a warm afleysinga- thus jeopardizing safety.

Similarly, the striker can not strike to force an employer to accept illegal or permitted subject to negotiate otherwise known as striking for an illegal object. Unlike partial lockouts, are partially or intermittent strikes are not protected. In the same vein are slowdowns and sit ins not protected, too. The employer reserved the right to conduct unprotected strikers.

Moreover, strikes, unions use picketing the technology also. For example, a union may picket employer to get recognition. However, the union has to be careful not to create a purpose or effect to prevent individuals employed by other parties that stop providing service picketed employer. For example, they will be deemed vulnerable if they prevent or picking up deliveries by third parties. Thus, an employer can make picketing union removed or severely restricted or punished in other ways. However, if the delivery personnel (not employed by the employer) refuse to cross the picket line (where ‘il picket lines of other employers) in support of picketers is another story. The NLRB and the courts would weigh the relative interests of the employer instead of the employee and the employee’s interest in honoring the picket line.

As I mentioned in the brochure paragraph there are exceptions to the rule in regard to the employment of economic weapons by both employers and unions. For example, there are different rules for unions representing public employees (eg NYPD unions can not legally strike) and private workers (eg nurses and doctors are legally prevented from striking, too), respectively. In addition, secondary boycotts and legal protection for the agricultural workers as the law management of agricultural unions and secondary boycotts as secondary strikes with NLRA covered workers are exposed.

Finally, I described the economic weapons available to employers and unions in negotiations. For each, I explained how the weapon is designed to exert pressure on other parties and the advantages and disadvantages of each. While I focused on public employees covered by the NLRA, I strive to make the distinction that would apply to public and not NLRA covered workers on the thesis.