The law, in plain English, for small businesses, DuBoff L.D., 2004

The law (in plain English) for small businesses, DuBoff L.D., 2004.

   The law is quite complex and rapidly evolving. Since the first incarnation of this text was published in 1987, many changes have occurred. New business forms, such as limited liability companies and limited liability partnerships, have emerged. The World Wide Web has become a vehicle for communication and commerce, and the law has been scrambling to keep pace. In writing this edition, it was my intention to chronicle the changes and convert them into a clear and understandable text that will aid the reader in understanding the current state of business law. It is hoped that by my doing so, business readers will be able to more effectively communicate with their business associates and legal advisors when inevitable legal issues arise.




PARTNERSHIPS AND JOINT VENTURES.
A partnership is defined by most state laws as an association of two or more persons to conduct, as co-owners, a business for profit. No formalities are required. In fact, in some cases, people have been held to be partners even though they never had any intention of forming a partnership. For example, if you lend a friend some money to start a business and the friend agrees to pay you a certain percentage of whatever profit is made, you may be your friend’s partner in the eyes of the law even though you take no part in running the business. This is important, because each partner is subject to unlimited personal liability for the debts of the partnership. Each partner is also liable for the negligence of another partner and of the partnership’s employees when a negligent act occurs in the usual course of business.

A joint venture is a partnership for a limited or specific purpose, rather than one that continues for an indefinite or specified time. For example, an arrangement whereby two or more persons or businesses agree to build a single house and sell it for profit is a joint venture. An agreement to develop numerous properties over a period of time is a partnership.

CONTENTS.
Preface.
Chapter 1: Organizing Your Business.
Chapter 2: Business Organization Checklist.
Chapter 3: Developing Your Business Plan.
Chapter 4: Borrowing from Banks.
Chapter 5: Going Public.
Chapter 6: Contracts.
Chapter 7: Consignment.
Chapter 8: Collections.
Chapter 9: Expanding Your Market.
Chapter 10: Patents and Trade Secrets.
Chapter 11: Trademarks.
Chapter 12: Copyrights.
Chapter 13: Advertising.
Chapter 14: Licensing.
Chapter 15: The Internet.
Chapter 16: Warranties.
Chapter 17: Product Liability.
Chapter 18: Business Insurance.
Chapter 19: People Who Work for You.
Chapter 20: Keeping Taxes Low.
Chapter 21: Zoning.
Chapter 22: Renting Commercial Space.
Chapter 23: Pension Plans.
Chapter 24: Estate Planning.
Chapter 25: Finding a Lawyer and an Accountant.
Glossary.
Index.
About the Author.



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