Legal Considerations for Raising Capital

NOTE: THIS IS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.

There are numerous legal considerations every entrepreneur must face when starting a new business, and raising startup capital is one that can be fraught with danger. Hiring a qualified securities attorney is not a luxury; it’s a necessity for businesses seeking to raise capital from third parties. Some of the key general considerations are:

o Properly organizing the company as business entity under state law;

o Ensuring the company has issued enough authorized shares of stock of the same type that will be offered to investors;

o Make sure that any existing and potential legal problems are resolved before issuing stock to investors;

o Have an experienced securities attorney examine the federal securities laws, as well as the securities laws of any state in which stock may be offered to prospective investors, to make sure the company and its investment offer complies with those laws;

o Have your attorney explain in writing the potential personal liabilities of the company’s officers and directors if the company violates any federal or state securities laws in raising capital. Potential penalties can be very serious, ranging from civil fines to jail time;

o Make sure that your written investment prospectus contains all required state and federal disclosure language in the appropriate places;

o Your attorney should review the business plan and financial statements for possible untrue and/or misleading statements; and

o Obtain a written opinion from your attorney whether your particular investment opportunity is required to be registered with the appropriate regulatory agencies.

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When Do You Need a Medical Malpractice Attorney?

Although it is thoroughly grounded in sciences such as chemistry, anatomy, biology, and more, medicine is still far from an exact science. This is why operating as a medical professional is known as practicing medicine. Still, there is a certain standard of care that has been established over the years that every medical professional is supposed to deliver. If you live in the Phoenix area and feel that your doctor or other healthcare provider has not met this standard of care, you may have need of a Phoenix medical malpractice attorney.

Medical malpractice attorneys are specially trained to examine medical documents and histories to determine if the medical professional was in some way negligent in providing the acceptable standard of care. Sadly, there are times when something goes wrong with a medical procedure and nobody is really to blame. An attorney will be able to tell you if you have a valid claim to a Phoenix medical malpractice lawsuit.

Of course, there are an untold number of cases where the standard of care was not met. In these cases, the attorney will begin working to get you adequate compensation for your pain and suffering or punitive damages in the case of a wrongful death. These cases can often drag out over a period of years before being settled, but a good attorney will hang in there with you until the end and see to it that you get what you deserve as compensation for the medical professional’s negligence.

While bad outcomes do, sometimes, happen and not every case is one of malpractice, a Phoenix attorney will work on your behalf to prove that a medical care provider did not deliver a standard of care that was up to the accepted standards. He/she will work to secure compensation for you for the unnecessary pain and suffering you experience as a result of this failure on the part of a healthcare provider.

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Can a Habitual Traffic Offender Seal Their Public Driving Records?

Becoming a habitual traffic violator doesn’t happen overnight. But it also doesn’t happen only to bad drivers. Those who drive often for work, whether all day commuting or long-distance travel, are often faced with time crunches, leading them to drive a little faster than they would if they were not limited by time restrictions and deadlines. Realtors, contractors, salesmen, and more are all common victims of speeding and seatbelt tickets because they are often traveling from one obligation to another.

So whether a product of vocational lack of time, or simply an unmindful driver, 10 traffic offenses in a period of 10 years, with 1 being a major violation (i.e. DUI, reckless driving, driving while suspended, etc.), will eventually suspend you of your driving privileges and mark you as an official habitual traffic violator for at least 5 years.

Sounds harsh, doesn’t it?

But it’s not so bad if you live in a state that allows record sealing and expungement. If you qualify to have your driving records sealed from the public, it can help you get your license back, that job you’ve applied for, that promotion you’ve been working toward, or obtain a professional license that was inaccessible before.

Qualifications vary from state to state, and not all states even offer the option, but the most influential factors are time and severity of offenses. Talk to a criminal record expungement lawyer to see if you are eligible for record sealing in your state. In the meantime, continue reading to learn more about habitual traffic violator driving records and personal privacy.

While Awaiting Eligibility

After you are convicted as a habitual traffic violator, you must remain one for at least 5 years; however, you can petition to get a probationary drivers’ license after only 3 years. In order to qualify for a probationary license, one must have:

  1. Never previously been granted a probationary license as a habitual traffic offender;
  2. Never been guilty of more than 3 unrelated major traffic offenses in one 10-year period;
  3. Never been guilty of a major traffic offense that resulted in bodily harm or death of another;
  4. Never been guilty of violating the habitual traffic offender probation guidelines.

In some cases where the offender is a person who operated a vehicle for the purpose of business, such as a traveling salesmen or delivery person, the waiting period may not apply since their poor driving record may be partly a result of their frequent commuting. It is important to retain the services of an experienced criminal defense attorney to ensure you are receiving due justice in traffic court. 

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Understanding the Importance of a Probate Lawyer

Many people often neglect to make arrangements for their estate and finances in the event of their death. Failure to draft a will can cause a great deal of complexity when it comes to handling the deceased’s affairs and could result in the estate becoming “tied up” in legal proceedings for several years. San Diego probate lawyers specialize in the probate area of law, and understand the limitations and legal proceedings that probate entails.

Probate occurs when an individual estate has no will or set of legal instructions to direct the disposition of one’s affairs. Knowing how assets are going to be divided, debtors taken care of, property disposed of, charitable bequeaths are all handled by the probate court. This is done before the Superior Court of California for the County of San Diego in the Probate Court, which a San Diego lawyer could navigate with efficiency

Probate is of chief concern for the heirs and beneficiaries of individuals whose loved one dies without a will. Dying without a will, known as dying intestate, leaves it up to the probate court to decide what happens to the person’s estate. A person leaves an estate, whether there is money or assets or anything else that is tangible upon death. The San Diego probate lawyer understands the system for disposing of a decedent’s affairs and resolving the competing concerns of the heirs.

Settling matters such as these in a probate court can take anything from months to years. This is usually due to the amount of time it can take for heirs or beneficiaries to step forward, in the event that none can be easily located. Not only will a San Diego probate lawyer try to resolve the matter as fairly as possible, but they will resolve to get the process over as quickly and efficiently as they are able to.

A legal background in wills, estates, trusts and probate are a must for an attorney practicing probate law. Looking at a individuals background and credentials is helpful. Checking online legal directories and asking questions also helps to ensure that the San Diego probate lawyer you higher is competent.

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Significance Of Character & Police Clearance Certificate In Immigration

If you are planning to settle permanently in any foreign country, police clearance certificate is one of the essential documents you will need in order to qualify successfully for the permanent residence visa process. A police clearance certificate is issued to Indian passport holders by the concerned police authorities covering the time period of the applicant’s stay in the particular region. If any applicant has been involved in any kind of illegal activity or was arrested for violating the law anytime, the police clearance certificates notes the entire nature and reasoning of the applicant’s case. In much simple words, a police clearance certificate represents how ethical or unethical your character is in the eyes of law of the counties you have lived after the age of 16 years.

Necessity and validity of the police clearance certificate in the immigration process

It is necessary for a prospective immigration who is 16 years older and currently residing in India to have his criminal check done. If the candidate is an Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. However, if their passport was issued LESS THAN six months prior to their interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors that impact police clearance check

The following factors will have an impact on your police clearance check:

  • You have a substantial criminal record: By this, it means that past records will be assessed. A sentence(s) of 12 months or more in prison will impact your police check.Also, a suspended sentence is considered as a prison sentence.
  • You have been convicted of escaping: In case you have been found guilty of escaping from immigration detention (during or while detention or had escaped and were taken into detention later), it may bring an adverse impact on your PCC.
  • You are/were associated to a criminal group: In case you have been a member of organization or group that has bad records and the Minister for Immigration reasonably suspects your involvement in the group/organization criminal activities, it may impact your police check.
  • You are/were involved in any crime or offensive acts: If the Minister for Immigration reasonably believes your involvement in criminal acts like human trafficking, smuggling, genocide, sexual offense, torture of slavery, a crime against humanity, a crime of serious international concern, it becomes difficult for you to obtain a PCC.
  • Your past records prove you of an immoral character: If your past and presents records show that you are not of a good character and the government of the country thinks that you can be a threat to the country, you will be denied of a police clearance.

Procedure to apply for a police clearance certificate (India):

If you are 16 years or above, you can apply for a PCC at the places listed below, as per the associated conditions:

  • If you are residing in India and your Indian passport was issued within past 6 months
  • Apply at the Passport Office
  • If you are residing in India and your passport was issued more than 6 months prior to visa application
  • Have to apply at the Passport Office and the District Police Office near your place of residence
  • If you are an Indian passport holder and is staying outside India
  • Local Embassy or Consulate confirming you have no criminal record (a statement from Embassy or Consulate is acceptable)
  • If you are an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.).

You need to apply at the passport office, d District Police Office serving your place of residence (if the passport was issued more than 6 months prior to visa application) and the country of previous residence (if available).

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How a Lawyer Could Come in Handy

You need to have a liability lawyer at hand because you don’t know when you might be part of an accident, be faced with a premises suit, or when you might need him for product liability cases. Now whatever may be the case you need to be able to get yourself compensated for these things. Knowing who to choose really depends on what the case is also what the lawyer specializes in.

In Texas, a Dallas product liability lawyer will ensure that your best interests are looked after. There are times when even the best of products may not be properly checked for quality and may result in either death or injury of a loved one. Sometimes people can fall sick from badly labeled products this is why having a good lawyer at hand is required. You should find out just how experienced the lawyer is in product liability cases.

A Dallas premises liability lawyer will come in handy in the event that you ever become injured due to a person or company’s neglect to keep their property maintained. For instance, say you’re walking in the grocery store and trip on a broken tile, thus injuring your knee. This injury could keep you out of work, resulting in loss of wages which could put your home or other property at risk of repossession; all of which could have been avoided had the owner of the store simply fixed the flooring or posted signs cautioning shoppers of the hazard. It might make you feel a bit lecherous to file a suit like this, but you shouldn’t feel guilty when the fault is not your own. Going back to our example, how many other people could trip over that tile if you chose not to have the situation corrected?

In order to file a suit successfully you need to be able to get a hold of a good attorney. There are a number of attorneys you can hire but you must always opt of the best. A lawsuit costs money and you will not want to lose because the attorney was not good enough.

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Civil Rights Attorney – Fighting For the Justice You Deserve

The ultimate goal of a civil rights attorney is to make sure that those who are not treated fairly are given justice. In Los Angeles and the rest of the United States, there are laws in place which state that businesses and the government cannot discriminate against citizens over certain factors, such as gender, race, sexual orientation, or age. If you live in Southern California and feel you may be the victim of discrimination, you might need to see a Los Angeles civil rights attorney.

There are tons of Los Angeles civil rights attorneys. If you do a search on Google, you will find an (seemingly) enumerable number of attorney’s to choose from. But, as with many services, it’s often best to talk to people who’ve had good experiences with the attorney’s service. You can’t get a list of former clients, but what you can do is talk to people and ask for recommendations of attorneys with which they’ve had great experience with.

You should also meet with the attorney and have a serious consultation. Ask them any questions you have and tell them your story fully and truthfully (without getting too emotional). Make sure you understand how they charge and what you might expect to pay. Finally, understand that you are not required to accept services from any attorney, although you may be charged a fee from some law firms for the consultation.

Other questions you might find useful to ask are inquiries about their background, including where they went to school, which states they have practiced law in, and how long they have been practicing law in California. You want to make sure that whomever you choose as your lawyer, that they have particular experience dealing with your type of case. If you’re dealing with a firm, make sure that the person you have a consultation with is the person who will be handling your case, as many firms have several lawyers who handle the workload. This will ensure that you are given the best chance possible of winning your case.

After you’ve decided upon a good Los Angeles lawyer, you will likely feel much more secure in your situation with the support of a professional who understands your situation and is willing to fight for your rights.

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DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

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Understanding Liability and How You Can Claim Compensation

You will need a New York liability lawyer if you have recently been injured by a seller or a manufacturer of a product whose item might have somehow caused injury. You will probably need to hire a product liability attorney to assist you in evaluating your case and to decide whether or not your case or claim is really going to be successful. There are a number of ways you an go about finding the right product liability lawyer.

The other type of liability we’re going to talk about is called “premises liability.” When a person or business takes possession of property, it must be maintained in a manner in which there are no hazards which could cause injury to someone. If the premises is neglected and a person sustains injury from it, the owner must be held responsible. In other words, they are liable by law for the state of the premises.

Premises liability cases have a great deal of “bad PR” because they are claimed so frequently, and in some cases, only won by a technicality. But at the end of the day, it is up to the property owner to see that all hazards are either posted on a legible sign or made so that access is prohibited to people until the problem is mended.

If you decide that you’d like to file a liability claim, you will need to find a New York attorney. If you know any family members or friends who have recently gone though a similar case, it would be best to ask if they could recommend their lawyer. This is a great way to find a trustworthy candidate from a person who has first-hand experience working with the lawyer.

It is extremely important that you understand what you are getting in to when you file a New York liability case, or have one filed against you. The best way to ensure that you have a decent chance of coming out on top is to hire a lawyer to lead the way.

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Tips to Ease Your Defense Attorney Search

Those of you out in Arizona should be thankful there are so many Phoenix defense attorneys to choose from. The toughest part in finding a defense attorney is to figure out where to look first. You can always grab a phone book, but it isn’t a very good resource for sorting through the right types of lawyer you need, plus it could take ages to call around and find out.

You might think that making a few phone calls won’t take a great deal of time-and it probably doesn’t if you’re excellent at speaking over the telephone-but you may have to call up ten Phoenix lawyers before you find one who specializes in the area of law that your case is included under. Attorneys are really starting to get with the “digital age” by maintaining website about their practice. Most have a portfolio describing their educational and professional background, but if not, you can always check with the Better Business Bureau to see if anyone has had a bad experience with them.

If you know of any friends, family members, or other acquaintances who have previously used a defense attorney, you might consult with them and ask if they could recommend anyone to you. This is a great way to build your confidence in an attorney, as you have a trustworthy recommendation from a source who has worked first-hand with the attorney.

If you are dealing with a Phoenix criminal defense case, you might want to be especially thorough with your hunt for a lawyer, as the skills and experience of the attorney could mean freedom or a jail sentence. Many websites will actually cater to people looking for reviews of attorneys from peers and previous clients. This can be a great way to get someone’s honest opinion about the lawyer’s capability.

So take a bit of time and do a bit of research before you hire just any attorney. You’ll find plenty of help online in a variety of places; after all, you’re dealing with a legal issue that can affect you for the rest of your life. Just as with anything else in life there are good attorneys and poor attorneys and if your going to have to spend money purchase the best Attorney you can.

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