Business Laws: What You Need to Know

There are a myriad of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.

If you’ve paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren’t up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:

· Civil Rights Act of 1966

· The Equal Pay Act of 1963

· Americans with Disabilities Act

· The Immigration Reform and Control Act of 1986

· The Age Discrimination in Employment Act

· The Equal Employment Opportunity Act

· The Bankruptcy Act

· The Occupational Safety and Health Act

· FMLA, the Family Medical Leave Act

· Employee Polygraph Protection Act Labor Law

· FLSA, the Fair Labor Standards Act

And that’s not even counting the various state employment business laws that might apply to your business! If you aren’t sure of whether you are meeting all the regulations, it’s a good idea to get a checkup for your HR department.

Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.

And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren’t careful to stay on top of things.

Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.

Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements.

Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it’s still a good idea to understand what regulations you must meet.

The Necessity of Business Law

Business in general is the backbone of a functioning capitalistic society. Business transactions, contracts and the building of corporations are what makes the United Sates tick. But imagine a world in which business was done, as usual, but without any sort of oversight. There would be no contracts, because there would be no entity that was in place to uphold contracts and force people to abide by their word. There would be massive corruption and scandal as every transaction that occurred would be without repercussion. It is a sad fact that, when left to their own devices, most people take advantage of no only the system in place but of each other. This is why business law exists.

Business law, also known as commercial law, it the body of law the governs business and commercial transactions and is considered to be a branch of civil law. It deals with business issues affecting both the private and public sector.

What Business Law Includes

This type of law has a wide range of practice areas within its umbrella. There are certain, serious breaches concerning business that are criminal-these are known as white collar crimes-and would be tried in a criminal court rather than a civil court. Laws, such as those against insider trading, that affect the core of the economy on a huge level, would not be tried under regular business law. The following things are routinely a part of commercial law lawsuits:

• Corporate contracts-contract law is one of the biggest, if not the biggest, facet of business law. Lawyers in this field will draw up contracts, supervise their signing and then file lawsuits on behalf of a client if a contract is breached. And now days, it seems as if just about everything involves a contract from renting a video to buying a major corporate building.

• Hiring practices-hiring is a tricky issue. There are tons of areas of government reregulation that can get an employer in serious trouble if he or she fails to abide strictly by them. There are also many legal issues involved with letting employees go.

• Manufacture and sales of consumer goods-there are many, many things that go into getting a product placed on the market. There are tests and contracts and codes that all must be put into action.

What Is Business Law?

In today’s society, many people are starting new businesses and they need to legally register their company. If a business is not registered, the owners may be breaking the law as they would be accused of running the business illegally. When a company wants to merge with another firm, they should have a written contract which both parties need to sign. These agreements should be drafted by a business lawyer who should guide the firms during the process. Business law covers a wide branch of knowledge across a variety of disciplines.

Business law covers all aspects of trade from the registration of a business to hiring employees and selling goods across the globe. A business may need a lawyer to help with the relevant terms of agreement and sales and present them to the other parties. When a company wants to bid for tender or have a project, the lawyer needs to come up with various proposals to present to the other parties. At times, disputes arise and when there was no binding agreement, the business suffers a huge loss.

There are some companies that do not keep in mind the terms and codes of trade especially within their intentional market. Failing to comply with the law is a serious offense and the company may end up folding as a result. A company should look to hire a lawyer who is aware of the business laws set by the Department of Trade and the lawyer ought to find out how the company performs in their industry without bypassing federal laws.

Business law also covers the partnership aspect of the company. At times, the companies who want to merge but they may still want to maintain their rights and recognition within their market. A good contract should be put in place and both parties should agree to work within the laid down rules and regulations in the contract. Many partnerships have landed in court simply because some codes were not met or the other party had more benefits than the other party did. Some aspects like profits, shares, and investments need to be addressed fully before signing a partnership agreement.

Before someone starts any business, they need to know the codes, laws, and terms of reference. Business law applies to all types of businesses whether it is a corporation, a sole proprietorship, or a company. The law requires that all companies and businesses need to be registered and trade within the law. When someone trades in illegal goods, they are required by the law to stand trial. The codes of trade need to be enforced fully and that every businessman understands what they mean. Business law terms are difficult to understand hence there is sometimes a need to hire a lawyer to interpret the message and ensure that the client know what each business documents entail. At times, some businesses may want to trade with other companies and need advice from their lawyers and other business professionals on the proposed plan. Business law can also cover issues such as privacy, copyright and issues involving tax.

All in all, business law ensures that a company practices in the correct way and that the business runs smoothly and that all the parties involved in the various commerce sectors understand the codes of operation.

The Best Business Law Books

Whether you are an entrepreneur, an employee or a business major in college, you will encounter various aspects of commercial law in your daily life. Commercial law is one of the most important things that every businessman out there needs to know about, and it constantly changes. Consequently, you are going to read some business law books to keep yourself updated.

Theories can be boring, especially if reading through dozens of business cases is not your idea of a good time. C. E. Bagly and C. E. Dauchy’s The Entrepreneur’s Guide to Business Law may just be the perfect book for you. It is very easy to read, especially for those that do not have any prior knowledge about the topic. This book is good to start with so that you can understand all about business law. For some people, it may be the only book they need.

R. A. Mann and B. S. Roberts’s Smith and Roberson’s Business Law is more appropriate for academic purposes. If you are a college student who wants to gain a strong understanding of this subject, then this is the book for you. The good thing about this book is that it is regularly updated. It’s the perfect book for law students or students who are taking business law classes. Another book that is suitable for college students is Cengage Advantage Books: Business Law: Text and Exercises by R. L. Miller and W. E. Hollowel. The book is clearly written and is very concise; it uses the least complicated ways possible to explain a very complex topic. This will be the right book for those who have been facing difficulties in understanding most of the ideas that are written in thick, complicated textbooks.

Business Law by Robert W. Emerson is a compulsory read for those who are taking college level examination program (CLEP). Despite that, this book is also recommended for those who want to gain more knowledge about the topic. The book is relatively easy to read and it covers most of the important aspects of business law.

Different countries have different laws, and commercial law is not an exception, of course. West’s Business Law: Text and Cases by K. W. Clarkson, R. L. Miller, G.A. Jentz, and F. B. Cross integrates global themes as well as a vast assortment of cases. It is a good book for college students as well as business practitioners, and like any other textbooks, the content of the book is updated regularly.

One of the most popular books on this subject is R. L. Miller and G. A. Jentz’s Business Law Today. Many readers agree that this book provides cases that are relevant to the issues that many businessmen of today face when starting or running their businesses. This book illustrates the topic in the most interesting way possible and it does not have any unnecessary information, avoiding any possible confusion over a certain area of business law. This book is a good reference book even if you are not an academic or a student.

Business Laws For Small Businesses

Talking about business laws in microscopic detail would need a couple of months of your time! There is indeed a plethora of legislation that governs small businesses, ranging from state to county laws. Some are relevant to your business even today whereas others are outdated and have not been enforced since the early part of the last century!

It is not possible for any single entity, including your local law enforcement department to know them all. Yet, it is vital that you are familiar with at least the most important laws that pertain to your business. As usual we’re here to help.

Business laws fall into certain categories as listed below:

o Business formation laws – these laws pertain to the structure of the business. For example a sole proprietorship is regulated very differently from a corporation.

o Tax laws comprise laws pertaining to all taxation issues, whether it is the filing of returns or the payment of sales tax, corporate tax and other similar levies.

o Employment laws – these govern recruitment and retrenchment of employees, wages & workers’ compensation, unemployment benefits, workers’ rights and related issues.

o Trademark and patent laws – these laws pertaining to ownership of intellectual property such as inventions, trademarks and patents.

o Environmental laws – Companies engaged in the recycling of material and the discharge of hazardous waste must comply with environmental regulations.

o Consumer protection laws – these protect the consumer from fraud or unfair business or advertising practices.

Headache, already? Here are a few tips to help you deal with it.

One size doesn’t fit all. We just talked about some of the important legal categories under which you will find regulations that affect most businesses. In addition, specific laws may apply depending on the type of activity involved. If, for example, you are selling company stocks you will need to adhere to the Securities Law, but for a medical practice, there’s an entirely different set of rules that come into play. State laws may also dictate how contracts and legal documents are to be written and enforced.

Start at the beginning. Just as you craft a business plan in stages, look at the whole legal puzzle bit by bit. Begin with the laws pertaining to the basics of starting a business. Do you need a business license or a special permit? Are you planning to hire employees or will you go it alone? If your business sells goods, it will need to pay sales tax. Look at each business aspect carefully to understand which category of laws apply to it.

Know only what you need to. If you are in business by yourself, for example, you won’t need to bother with laws governing workers and staff until you are ready to hire additional people. Likewise, if you are in a service business, you typically won’t need to bother yourself with removal of hazardous waste.

See the bigger picture. As your business grows, so will the number of applicable laws. Always examine the legal angle when you plan new projects and initiatives. Also, discuss all potential significant legal matters with your advisor.

Ensure compliance. Be unafraid to ask questions of your legal advisor and do not assume something is legal just because it is a common trade practice. Also talk to the local Chamber of Commerce or other business owners to make sure you are on the right side of the law.

Make amends. Finally, should you find that you’ve contravened a law without intending to, take remedial measures. The law is quite lenient with first time offenders – of course, it also depends on the nature of the violation.

Business Laws Unveiled

Each and every person in this world must have at least once thought about opening some sort of business to increase his or her income. No matter if you are thinking about opening a small family business or a larger company, you cannot do anything but obey the business laws! If you don’t, you and your business can get into serious trouble!

In case you are under the impression that you need to be a graduate of a business law college or have a business law major in order to understand and use some of the basic ideas of small business law and corporate business law, you are making a very big mistake. Perhaps you have heard form the news and the headlines that employment law for business is one of the most dangerous fields, as a person can easily break the business laws and regulations.

The least any business man should know is that he or she must meet the general international business laws. You must also consider the export laws, import laws and but, by all means, one must obey to the specific laws of the country in which your business is situated.

Should you own a company that operates in your home country, then you must get to understand the business laws there. If you cannot manage to get a business permit or license, you can find yourself in a great amount of trouble, as your business can get shut down. Not to speak about the inconveniences due to business and hefty fines and penalties!

If you thought that Internet and online businesses do not need to take these rules seriously, then you can have the unpleasant surprise of getting serious problems. Of course these types of business need to obey the business laws, but they are called Internet compliance laws. Therefore, should you be operating a website of any kind and do not care about all these rules and regulations, criminal prosecution and hefty fines are waiting for you right across the corner.

Well, if all these bad things have made you fear doing business of any kind, you must know that no one expects you to be able to navigate the complexities of any type of business law by yourself! The best option for you is asking for help from a qualified professional of a business law firm. This way you will never get into trouble of any kind!

Employment Law Is An Important Part Of Business Law

Business law is one of the branches of the huge field of law. There are many things one has to keep in mind when starting a business; let it be a small or a large business. Breaking these laws may land you in deep trouble, so it is always advisable to have some basic knowledge of both small business law and business corporate law. With this knowledge, you are sure of being able to run your business smoothly without any hindrance from the law whatsoever!

One of the most important areas to consider in business law is employment law. If you don’t comply with all the employment laws and regulations, it is highly likely that you will end up in lots of trouble! There are different laws that actually rule the employment basis of both the regular employees and the contract employees of a business. Some of the employment business laws that have to be met by you are FLSA, the Fair Labor Standards Act, The Immigration Reform and Control Act of 1986, Americans with Disabilities Act, the Civil Rights Act of 1966 and the Equal Pay Act of 1963. However, these laws are not connected to the various state employment business laws that you may find to your business! These laws are a different thing altogether. To confirm that your business meets all the employment laws, it is always better to checkup with your HR department.
To run a business, it is important to have a business permit or a license. If you do not have one, there is a high possibility of you having to shutdown your business and to pay hefty fines and penalties. Moreover, in addition to federal business law it is required that you meet the state business law regulations too. And if you have an international based business, you have to be aware of the different international business laws and how they can affect your business, you and your bottom line. You at least have to meet the general international business laws, import laws, any specialized export laws and laws of the country you maintain business with.

Those running online businesses may be of the impression that there are no business laws pertaining to the internet. However, this is not so. There are many internet and online business laws that have to be followed to maintain any online business. The reason for these laws is that the internet explosion over the past decade has forced the government to introduce internet compliance laws to maintain some law and regulation over the internet. So if you by any chance run a website make sure that you abide the internet business laws. If you don’t do so, there is a high possibility of your site being shut down and of you, in the mean time, facing criminal prosecution and huge fines.

Remember that it is not advisable for you to try and comply with all the business laws on your own. There are numerous laws, and the best mode of avoiding falling into any trap would be to get the help of some professional business law firm. These tips are just to give you an idea of the types of business laws existing. However, even if you do hire a business law firm, it is also better, and important for you to have some basic knowledge of business laws!