The Probate and Family Court always used to call the time children spend with a parent they do not live with “visitation.” In July 2015, the Court changed the words they use on their forms to “parenting time.” The Court says that “parenting time” is the time that children spend with the parent they do not live with. The Court still uses the word “visitation” for supervised visitation and grandparent visitation. Parenting time and visitation decisions can be part of a larger case, like divorce cases, or the case can just be about parenting time or visitation. How do judges make parenting time and visitation decisions?Judges make these decisions based on “the best interests of the child.” The “best interests of the child” requires courts to focus on your child’s needs. Parenting time schedules Transportation for parenting time or visitation Sometimes, it may not be safe to leave your child alone with a parent during visitation. In these situations, the court can order supervised visitation. Supervised visitation means another person stays with the visiting parent during visits. It is the supervisor’s job to make sure that your child is safe and feels safe. The supervisor also makes sure that the visiting parent acts appropriately. The court prefers to order a supervisor that both parents can agree on. The court also thinks it is important for your child to be comfortable with the supervisor. Generally, the supervisor can stop the visit if he or she believes your child is not safe during the visit. Supervised visitation is important if the visiting parent is abusive, has an alcohol, drug abuse, or other problem that could put your child in danger. Can my child visit with the other parent if I get a restraining order? Modifying A Custody Order Either parent can request a professional custody evaluation through the court. This evaluation looks at the custody issues being experienced and determines whether or not the current custody arrangement still makes sense for all involved Parent Time AttorneyWhen you need a parent time lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Does A Private Placement Memorandum Look Like? Corporate Lawyer South Jordan Utah Recommended Property Division Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Parent Time Utah first appeared on Michael Anderson.
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Domestic violence means any criminal offense involving violence or physical harm with a cohabitant, including assault, a threat of violence or physical harm, or an attempt to commit a criminal offense involving violence or physical harm. Cohabitants refer to people living together as boyfriend/girlfriend, spouses, or the parents of a child. When we say domestic violence, we are talking about a criminal offense that involves a cohabitant. There can be domestic violence assault, domestic violence criminal mischief and domestic violence in the presence of children. Criminal mischief essentially means damaging property. For example, if you and your spouse got into an argument and you threw a plate, causing it to break, then that would be considered criminal mischief. If your children were present during that time, that would be considered domestic violence in the presence of children. I’d like to think of it as an enhancement; it’s more serious because of the familial relationship. How Serious Are Domestic Violence Allegations In Utah?In Utah, once the police show up to a domestic violence call, there is about a 95% chance that one person is going to go to jail. It’s almost an unwritten rule that if they have to go out there and get in the middle of your familial relationships, then someone is going to jail. It just seems that way; it’s not an official rule. When that person goes to jail, they don’t automatically get a bail or a bond like they would with other offenses, such as DUI or theft. A lot of times they have to wait there until they can be seen by a judge. They are prohibited from contacting the alleged victim, and they are not going to be able to reach them through the phones at the jail. If they go in on a Friday night, they might not see a judge until Monday morning. Even if they do get out of jail on Monday morning, the terms of the release will disallow them from having any contact with the alleged victim. That means that they won’t be allowed to enter the residence without the assistance of a police officer- not even to gather some clothes for work. Are Orders Of Protection Automatically Placed In A Domestic Violence Case?If charges are filed, part of the prosecutor’s duty is to contact the alleged victim or victims and see if they want the criminal court to enter an order of protection. An order of protection is not ordered automatically; it’s the prosecutor’s obligation to make contact with the victim and see what they want. If they want that order in place, then it could stay in place as long as the criminal court has jurisdiction over the case. Depending on the outcome of the case, that could be 12 to 18 months. I see those orders of protection being issued quite frequently because the victims are afraid and worried about their children, their health and their safety. How Are Domestic Violence Charges Determined To Be Either A Misdemeanor Or A Felony?There are different things that can make a charge a felony versus a misdemeanor. Aggravated assault, the use of a weapon, very serious injury, and criminal mischief resulting in over $2,500 worth of damage could all lead to felony charges. Another factor that’s taken into consideration is whether or not there are prior domestic violence convictions. For example, if you have an ongoing problem with one of your family members and you were charged and convicted with domestic violence a year ago, then your next domestic violence offense could be enhanced to a Class A misdemeanor. If you have another episode six months down the road, then that can be a felony. Basically, the determining factors are the classification of the charge, the seriousness of the damage involved and prior convictions. Suing for Domestic ViolenceAlthough for many years suing ones spouse was prohibited under spousal privilege, these days most states do allow one to sue your spouse, either while still married or afterwards. Ten states (Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, and Wyoming) and Washington D.C. still do prohibit immediate family from suing one another. But even these states generally allow exceptions for “intentional torts,” or specific and purposeful acts of wrongdoing on the family member’s part. All of the typical behaviors which generally constitute domestic violence assault, battery, psychological abuse, etc… are almost certainly categorized as “intentional,” so you can likely sue in these states as well. What Kind of Behavior can be Considered Domestic Violence?There is no all-encapsulating definition of what constitutes domestic violence; every state defines it differently. But any of the following behavior: Why Should I Sue my Abuser?Besides the obvious possible financial benefits, suing your abuser in tort can provide a sense of emotional relief and control. If you’ve missed work because of your abuse, you can receive lost wages and medical expenses, as well as general damages for pain and suffering. Some states will even allow punitive damages, which are meant to punish the defendant, and can be considerable sums of money that can help you start a new life. But obtaining vindication through the court system comes at a cost. There is certainly a lot of stress involved, and already damaged family ties will be further strained. It also difficult for many victims to just recognize their own abuse; actually taking the abuser to court may be too difficult for them to contemplate. But sometimes when victims realize the position they’ve been put in and want to fight back, suing their abuser may be the best way to break ties with the past, especially if the abuser may be going to jail anyway. And while litigation is expensive, courts can often force the abuser to pay your litigation fees, and many attorneys work on contingency. If you’re considering bringing a tort action for injuries you received from a family member, keep the following points in mind: Understanding how domestic violence charges work in Utah is important if you have been charged with domestic violence. In Utah, there is not a single crime that is specified as “Domestic Violence” rather, there are many crimes that are considered a “Crime of Domestic Violence”. To be considered a crime of domestic violence the offender and the victim must have a relationship that is included in the definition of cohabitant that has been set forth in Utah law. Some of these relationships include: If you are convicted of a domestic violence offense, you should understand that you will more than likely be restricted from possessing a firearm pursuant to federal law. You will also be required to complete an assessment and 12-14 weeks of counseling through the Division of Child and Family Services. If you are accused of domestic violence you may find that the accusation is followed by a protection order for or against your spouse and children. Being accused or convicted of a domestic violence charge can be scary. How Domestic Violence Affects Child Custody in UtahThe effects of domestic violence are far-reaching and can leave visible and invisible scars for years to come. A parent’s past record of abuse, also called “domestic violence,” may significantly alter the outcome of a child custody case. In cases of chronic abuse, a parent may have limitations placed upon his or her visitation rights, or in the most extreme situations, the abusive parent may lose his or her parental rights entirely. Protective OrdersIn situations where domestic violence is ongoing or there is a fear of future abuse, a protective order may be appropriate. Utah’s court website provides protective order forms and basic information about obtaining a protective order. In order to obtain a protective order, you must show that you have been harmed or threatened by one of the following categories of individuals: Supervised VisitationSupervised visitation may be required in cases of chronic or recent domestic violence; it requires the presence of another adult at visitation sessions between the child and abusive parent. Although restrictive, a supervised visitation order does not mean that the abusive parent will only ever receive supervised visits with their child. Nevertheless, before the supervised visit requirement can be lifted, the abusive parent must prove to the court that the child would be safe in his or her care and there is no likelihood of ongoing abuse. Termination of parental rightsWhen a judge decides to terminate a parent’s custodial rights, including all rights to visit with or otherwise parent his or her child, the decision is permanent and cannot be undone by a parent’s subsequent good behavior. A judge will only terminate parental rights in the most extreme circumstances. Some reasons a Utah court would terminate parental rights include sexual abuse of any child, causing a disabling injury of or disfigurement of the child, murder or attempted murder of any child, and intentionally or recklessly causing the death of the child’s other parent. Ways to Help a Victim of Domestic Violence• Make Time for Them: If you decide to reach out to an abuse victim, do so during a time of calm. Getting involved when tempers are flaring can put you in danger. Also, make sure to set aside plenty of time in case the victim decides to open up. If the person decides to disclose years of pent-up fear and frustration, you will not want to end the conversation because you have another commitment. Reasons Why Victims StayIt can be hard to understand why someone you care about would seemingly choose to stay in an abusive or unhealthy relationship. Here are a few reasons why it’s not easy to part ways. Domestic Violence LawyerWhen you need legal help from a Domestic Violence Lawyer, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
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What Does A Private Placement Memorandum Look Like? What Happens After I File My Taxes? Recommended Property Division Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Domestic Violence Lawyer Utah first appeared on Michael Anderson. In every divorce, couples must divide marital property and debt before the judge will grant the request for a divorce. Couples have two choices: work together to determine what property each spouse will take away from the relationship, or ask the court to decide for you. If you live in a community property state, the court presumes that any assets (or debts) accrued during the marriage belong equally (50/50) to both spouses. If you have property that belongs to you, whether you brought it with you to the marriage, or you acquired it alone during your relationship, you’ll need to ask the court to award the separate property to you. In equitable distribution states, the court will divide marital property fairly between the spouses, which doesn’t always mean a 50/50 split. The court will categorize the property as marital or separate before the judge awards any portion to either spouse. If you have separate property, you’ll need to prove your ownership with receipts, witnesses, or any other evidence. Work Together to Reach a Property AgreementThere’s no doubt that a judge won’t understand your family’s circumstances as well as you do. If you’d like to keep control of how you split your assets and debts in your divorce, it’s best to work with your spouse, rather than letting a court decide. Create a List of AssetsOne of the easiest ways to start the property division process is for each spouse to create a list of assets and identify which spouse should receive it in the divorce. When you’re both finished with your list, you can come together to compare. If you have a dispute, work together to resolve it and determine who should get the property. It’s important to be transparent through the property division process. Both spouses must identify all assets that they acquired throughout the marriage, which includes bank accounts, insurance policies, vehicles, retirement accounts, pensions, real estate, recreational vehicles and equipment, and anything else that holds value. If you agree to a property settlement and later find out that your spouse didn’t disclose an asset, you can ask the judge to reopen your case to revaluate the property division. In addition to potentially losing assets later, the guilty spouse may also face fines or penalties from the court if the judge believes your ex intentionally failed to disclose or hid information the asset. Honesty is always the best policy when it comes to disclosure. Generally speaking, courts will accept the fair market value (FMV) of each item, which is what you can get for the item if you sell it on the open market today, not what you paid for it. Value Your PropertyAnother important step is to determine what the property is worth. Generally speaking, courts will accept the fair market value (FMV) of each item, which is what you can get for the item if you sell it on the open market today, not what you paid for it. Try to agree on a value for each asset worth more than a specific amount—say, $100 or $500. There are some useful websites that can help you value certain property, such as Zillow.com or Redfin.com for real property, and Kelly Blue Book for vehicles. For more difficult or complex valuations, like of a business or antique collectibles, you may need to hire an appraiser. If you can’t agree on a value for a specific item, you may each have to hire independent appraisers, and ask a judge to pick from one of the two valuations. Determine If the Property Is Marital or SeparateWhether you’re in a community property or equitable distribution state, if you own separate property, it will remain in your possession. That said, you must first categorize and agree that the assets were separate before you can move forward. Each spouse should identify the owner of each asset. If there is a disagreement about whether an asset is marital or separate, the person claiming the item will have to prove to a judge that it’s owned separately. You can do this by showing the date of purchase, where the funds came from to purchase the item, and how the item was kept separate during the marriage. Don’t Forget About Your DebtMarital debt is not excluded from property division in a divorce. If you acquired joint debt during your marriage, like a mortgage, car payment, or tax debt, you will probably have to split that between the two of you during your divorce. If you owned a credit card in only your name, and you never used it for marital purposes, like groceries, you may be solely responsible for the amount owing. Remember, while the court can assign the debt to either (or both) spouse, it can’t change the contract you have with your creditors. For example, if the judge requires your spouse to pay off a joint credit card, but your ex fails to pay the monthly payment to the creditor, the credit card company can (and will) still come after you for payment. Unless you want your credit score to be in jeopardy, you’ll need to pay it, and ask the court for reimbursement from your spouse later. Draft a Settlement AgreementIf you and your spouse can agree on all of the terms of your property and debt division, you can create a property settlement agreement to present to the judge. Your agreement should list each asset and debt, the owner, and the value. If you want to be sure that you’re not making a bad deal, you should ask an experienced attorney to review the agreement before you sign it. In most cases, the judge will honour your agreement. However, if a party without a lawyer agrees to a property settlement that awards more than half of the property to the other spouse, the judge may want to investigate before approving it. No court wants to see a spouse walk away with an unfair distribution of property. What If We Can’t Agree on How to Handle a Specific Asset?If you and your spouse can’t reach an agreement on property and debt division, you can eliminate the issue by selling the asset and dividing the profits. For example, in most divorce cases, the couple will sell the marital home, subtract the mortgage debt, and split the proceeds. However, if you can’t decide what percentage of the profits each spouse should take, you may have to ask a judge to decide for you. Dividing Property and Debt During DivorceVery generally, here are the rules for determining what community property is and what isn’t: Who gets to stay in the house?If children are involved, the parent who spends the most time with the kids, or who provides their primary care, usually remains in the marital home with them. If you don’t have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave. If, however, you don’t have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but you can’t require it. If you and your spouse don’t come to a decision, the court will decide for you during divorce proceedings or earlier, if you ask for a temporary order on the issue. If your spouse changes the locks or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door and let you back in. When you both own the home, the only time you can get your spouse to leave is if your spouse has committed domestic violence and a judge grants a restraining order. Whatever you do, do not claim domestic violence has occurred just to get your spouse removed from the home. (Some people have resorted to this extreme tactic.) Once a judge realizes this has occurred, the party claiming violence may be asked to vacate the home and the judge may be biased against him or her during future negotiations. If you believe you are a victim of domestic violence, but are not sure, go to the Yellow Pages and call your local domestic violence hotline. It is common for a divorcing couples to decide about dividing their property and debts themselves (with or without the help of a neutral third party like a mediator), rather than leaving it to the judge. However, if a couple cannot agree, they can submit their property dispute to the court, which will use state law rules to divide the property. Courts divide property under one of two basic schemes: community property or equitable distribution. Debts are divided according to the same principles. • Community property. In Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. • Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally. In some of those states, the judge may order one party to use separate property to make the settlement fair to both spouses. Community PropertyThere are nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) that consider property acquired during a marriage to be community property. In these states, marital property is split 50-50 between the divorcing couples. In community property states, “lawmakers believe property should be divided equally because they view marriage as a joint undertaking in which both spouses are presumed to contribute equally to the acquisition and preservation of property,” according to the American Bar Association, a professional organization for attorneys. Alaska actually uses a hybrid of community property. The state allows married couples to “opt in” to having a community property partnership by either a legal agreement or trust. Generally, in both community property and equitable distribution states, property acquired before the marriage and kept separately from other property obtained during the marriage is not shared in the divorce but retained by the spouse to whom it belongs. Equitable DistributionNearly all the other states have property division laws that use equitable distribution as a method to divvy up the property. Equitable distribution attempts to achieve fairness, which may or may not result in a 50-50 split. “The division of property could be 50-50, 60-40, 70-30 or even all for one spouse and nothing for the other,” the ABA writes in a book about divorce. The Nuts and Bolts of Divorce Property DivisionJudges will usually approve a property division agreement if the couple figures who gets what on their own. If divorcing spouses cannot agree, they should consult with their attorney as to whether it makes any financial sense – based on the value of the property in question – to pay for an expensive trial. This is called a cost-benefit analysis. To figure out what to divide, divorcing spouses need to take an inventory of their property. It is very important to list all property and not try to hide any assets. Besides the usual places – bank accounts, real estate, jewelry – marital property can be found in pensions, IRAs, stocks and bonds, certificates of deposit, money market account and safety deposit boxes. If spouses cannot agree as to the value of various property, they should hire a professional appraiser to assist them in determining value. Once the spouses are settled on the property division, the attorneys can write up the property settlement agreement and present it to the court. If, after the agreement is entered, one of the spouses refuses to abide by it, one of several remedies – depending on state law – can help. Non-receiving spouses can file a contempt proceeding where they ask a judge to hold the other spouse in “contempt of court.” The penalties may include a jail term, usually no more than 30 days, a fine or both. In other states, an injunction is a step that comes before a finding of contempt. In an injunction, the court orders someone to perform a certain act, in this case, dividing the property instructed in the property settlement agreement. Dividing DebtsJust like property, debts accrued during the marriage will also be split between divorcing spouses. Again, state laws will dictate how this is done. In general, though, those who will keep a financed piece of property, such as a car or house, also get the debt associated with that property. Divorce Property LawyerWhen you need legal help from a Divorce Property Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Successful Child Custody Mediation Corporate Lawyer Spanish Fork Utah What Does A Private Placement Memorandum Look Like? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Recommended Property Division Divorce Attorney first appeared on Michael Anderson. An offering memorandum is a legal document that states the objectives, risks, and terms of an investment involved with a private placement. This document includes items such as a company’s financial statements, management biographies, a detailed description of the business operations, and more. An offering memorandum serves to provide buyers with information on the offering and to protect the sellers from the liability associated with selling u Understanding an Offering Memorandum An offering memorandum, also known as a private placement memorandum (PPM), is used by business owners of privately held companies to attract a specific group of outside investors. For these select investors, an offering memorandum is a way for them to understand the investment vehicle. Offering memorandums are usually put together by an investment banker on behalf of the business owners. The banker uses the memorandum to conduct an auction among the specific group of investors to generate interest from qualified buyers. An offering memorandum, while used in investment finance, is essentially a thorough business plan. In practice, these documents are a formality used to meet the requirements of securities regulators since most sophisticated investors perform their extensive due diligence. Offering memorandums are similar to prospectuses but are for private placements, while prospectuses are for publicly traded issues. Example of an Offering MemorandumIn many cases, private equity companies want to increase their level of growth without taking on debt or going public. If, for example, a manufacturing company decides to expand the number of plants it owns, it can look to an offering memorandum as a way to finance the expansion. When this happens, the business first decides how much it wants to raise and at what price per share. In this example, the company needs $1 million to fund its growth at $30 per share. The company begins by working with an investment bank or banker to draft an offering memorandum. This memorandum complies with securities laws outlined by the Securities and Exchange Commission (SEC). After compliance is met, the document is circulated among a specific number of interested parties, usually chosen by the company itself. This is in stark contrast to an initial public offering (IPO), where anyone in the public can purchase equity in the company. The offering memorandum tells the potential investors all they need to know about the company: the terms of the investment, the nature of the business, and the potential risk of the investment. The document almost always includes a subscription agreement, which constitutes a legal contract between the issuing company and the investor. Offering Memorandum vs. Summary ProspectusWhile an offering memorandum is used in a private placement, a summary prospectus is the disclosure document provided to investors by mutual fund companies before or at the time of sale to the public. This written document is an abridged version of the final prospectus that allows investors to see pertinent information regarding the fund’s investment objectives and goals, sales charges and expense ratio, focused investment strategy, and data on the fund’s management team. Relevant tax information and broker compensation are also included in the disclosure document. A summary prospectus provides investors the information they need from the final prospectus quickly and in plain English. A private placement memorandum (PPM) is a legal document provided to prospective investors when selling stock or another security in a business. It is sometimes referred to as an offering memorandum or offering document. A PPM is used in “private” transactions when the securities are not registered under applicable federal or state law, but rather sold using one of the exemptions from registration. The PPM describes the company selling the securities, the terms of the offering, and the risks of the investment, amongst other things. The disclosures included in the PPM vary depending on which exemption from registration is being used, the target investors, and the complexity of the terms of the offering. A private placement memorandum (PPM) offers an in-depth look at a business and its operations. Companies who are raising funds from private investors will create such a document. This process is also known as a private placement. It usually involves money from investment or pension funds, banks, or insurance companies, though individual wealthy investors can also be involved. If your business is going this route, you will need to create a private placement memorandum (PPM). How to Secure Private Placement FundsPrivate placement can involve an equity or debt offering. Private placement differs from an initial public offering because the company is remaining private. To seek private placement investment, you’ll likely need a lawyer and have to present a basic business plan. Perhaps the key component of your business plan will be the PPM. It is not designed to be a marketing document. It is thorough, and it’s starkly informational. It is designed to offer everything an investor needs to know before putting money into a company. This document is also referred to as an offering memorandum. In many ways, it serves the same function for private entities as a prospectus issued by public companies serves. There are a number of crucial things outlined in a PPM, including. • Summary of Offering Terms: The nuts and bolts of what the company is asking for. This usually looks like a term sheet and should include details about the overall capitalization of the company both before and after the injection of new capital. It will include the number of shares being sold, the price, and the total expected proceeds. Here’s also where the company should explain what investors may receive in terms of voting rights, as well as their rights if the company were to be liquidated. • Business and Management Section: A more detailed explanation of what the company does and how it earns its revenues. This should also include biographical information about each owner and member of the management team. • Financial Information: From a potential investor’s point of view, this may be the most crucial section. It’s time to provide detailed information on the company’s revenues, expenses, profits, and liabilities. All of the hardcore numbers that any investor wants should be included, and this section should have past financial data and future projections. Skimp on this section and you are likely to see investors bow out. • Use of the Investment: This outlines in details why the company needs the money, and what would happen to the company without this injection of capital. This section shows in nitty-gritty detail how the money will be spent. When possible, there will even be an itemized tabled showing how funds will be allocated. This section also includes the compensation owners and executives will receive. • The Risks: This section is often the largest part of the PPM, as the company must outline anything negative that might impact the ultimate return on the investment. The PPM is important because it provides the investor with all of the prescribed data they will need to make an investment decision and includes the actual documentation to effect the investment transaction. PPMs are designed as a stand-alone document – meaning that there need not be other information presented to the investor for them to make an accurate investment decision. Private Placements or Private Stock Offerings are “private” equity/debt transactions and are considerably less expensive to complete than an initial public offering such as an IPO (for the purpose of raising capital). A private placement memorandum (PPM), also commonly known as an offering memorandum or offering document, is a vitally important legal document that discloses the objectives, risks and terms of a proposed investment in your company. Your PPM will be distributed to potential investors whenever your company sells stock or another type of security in a private placement. Your PPM will provide important facts and figures about your company and its business that are useful to potential investors, including: A PPM is normally created by the Company’s investment bankers, lawyers, accountants and other professionals on behalf of a business owner. Unlike a prospectus, which is produced when stock or other securities are registered under federal securities laws and become available for purchase by anyone, a PPM is not normally made available to the public. Instead, you will distribute your PPM to a limited number of pre-screened investors to solicit offers to purchase stock or other securities, as described in the PPM. Your PPM will normally be distributed along with the Subscription Agreement and Investor Questionnaire that your investors will sign if they agree to the terms of your offering. Why is a Private Placement Memorandum important?Securities laws prohibit a company (“issuer”) from making false or misleading statements to investors when selling its securities, regardless of whether or not public registration of the offering is required. Specifically, Rule 10b-5 of the Federal Securities Exchange Act of 1934 requires that any information provided to investors “must be true and may not omit any material facts necessary to prevent the statements made from being misleading.” A properly-written PPM ensures your company’s compliance with these anti-fraud laws by fully informing prospective investors about your company and the offered investment. Potential investors receiving your PPM will learn about your business and management team, as well as your company’s prior performance, future prospects, the terms of the offered security, the planned use of the funds to be raised, and the risks of the investment. A well written and detailed PPM, thus, protects your company and its management from liability. PPMs typically follow a standard format, and sophisticated investors expect them to be carefully drafted, contain accurate and current information about the company, and provide a balanced, objective description of the potential benefits and risks of the investment. What does a Private Placement Memorandum include?Information provided using a standard PPM format will typically include: Reasons to not use a Private Placement MemorandumNot all offerings require the use of a PPM. Here are a few examples of situations where a PPM is not necessary: • When the cost associated with paying professional fees to lawyers, investment bankers and accountants to ensure legal compliance is prohibitive. For example, PPMs usually include audited financials of the issuer. • When your company is in its very early stages and your potential investors are limited to (1) friends and family or (2) angel investors who are sophisticated enough to conduct their own due diligence and negotiate their own investment deal. • When all of your potential investors are accredited investors. Keep in mind, however, that although securities laws technically do not require a PPM with accredited investors, not using a PPM presents risks. Use of a PPM will likely reduce your liability exposure. A company can be more selective about who buys its shares if it sells them in a private placement. Shares sold in an initial public offering or IPO, are offered to the general public and tend to attract more attention. However, private placement allows a company to raise money without going public and having to disclose financial information. A company can remain private while still gathering shareholder investments. Securities LawyerWhen you need legal help with a PPM in Utah, please call the Securities Lawyers at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Corporate Lawyer Salt Lake City Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post What Does A Private Placement Memorandum Look Like? first appeared on Michael Anderson. Hotel employees serve myriad purposes. Their functions include physical and abstract roles. Considerations when calculating the value of a hotel employee include the overall aim of a hotel as a business, actual role of the employee in question and nature of the hospitality industry. Employees prove particularly important to small, independently owned hotels with limited budgets, locations and client bases. Basic FunctionAs with any business, hotel employees serve the basic function of ensuring the business runs smoothly. From part-time front desk employees, laundry room attendants, vendors and porters to the upper echelons of the management structure, each employee serves some role in the continual and perpetual operation of a hotel. Employees generate capital by ensuring the possibility of constant business. Like other businesses, each department or aspect of a hotel depends on many others in doing its job. A breakdown in function of any of these areas disrupts the flow of operations and causes a ripple effect that inhibits the organization’s ability to optimize its business. Job-Specific FunctionsEach employee of a hotel performs a function specifically related to the job that individual holds. For instance, a porter transports luggage of hotel guests from the front entrance or lobby to a room and back in a timely manner. A manager makes and implements decisions for the improvement of the business, while someone in human resources supplies adequate employee coverage within an organization’s budget. In a small hotel, one employee often serves multiple functions. Such organizations may employ one person to run the front desk, serve as porter and handle room service, while employing another person to clean rooms and common spaces and do all the laundry. Hospitality FunctionHotels make up an important part of the hospitality and tourism industry. As such, the actual function of a hotel lies not only in providing a place for people to stay but creating an enjoyable experience for guests and seeing to all their wants and needs. This proves especially true for hotels in high-volume destination areas such as Cancun, New York, London, Paris and Tokyo. Employees try to provide the optimal experience to every guest. Positive experiences increase the likelihood of repeat business The Importance of Employee Function on Small HotelsEmployees serve an essential function to hotels operated as small businesses, particularly when these hotels find themselves in competition with large chains in tourist-heavy areas. Unlike a large hotel or chain, or those with large operating budgets, small hotels often depend completely on customer satisfaction for longevity. While a chain or large institute can absorb potential losses incurred by bad word-of-mouth reviews or publicity, a small hotel may require word-of-mouth reviews to attract new customers. Employees who fail in their function of hospitality may prevent good word-of-mouth reviews and press, thus causing a business to fail. Further, a hotel with a limited number of employees depends exponentially more on each individual than a hotel with thousands of employees. Thus, the failure of one employee in a job-specific or overall function places strain on the business. Things Every Hotel Manager Should Do to Ensure Information Security Your employees are your information security guards – train them as such Think twice before tossingAs daily functions and procedures continue to digitize, physical data security is slowly becoming an afterthought, with 32 percent of hospitality businesses admitting they have no known policy for storing and disposing of confidential paper documents. This is despite the fact that as Europay, MasterCard, Visa (EMV) smart payment chip card processes are increasingly adopted, attackers are targeting hotel reception desks where the concierge will often write down phoned-in reservation information. Not only that, dumpster thieves have long always been able to obtain sensitive information from garbage that has been inappropriately thrown away instead of shredded. Implementing a document management process is a great way to create standard protocol for handling physical data, including how to securely organize documents for storage, retrieval and record-keeping. Additionally, the document management process determines a standard lifespan for physical documents, helping employees efficiently identify which documents should be stored and which need to be securely discarded. Materials that need to be filed should be stored and locked in secure filing cabinets, while all other items should be properly shredded before being discarded. Noncompliance could mean legal consequencesHotels are considered financial institutions when they are collecting and storing customer’s financial information, which means that they have a responsibility to their customers to follow legislative guidelines to protect against unauthorized access to the personal information of their guests. There are a range of rules and regulations that hotels need to be mindful of, including General Data Protection Regulation (GDPR) for those with international guests. It’s helpful to create a security policy handbook that can be used as a reference for employees. In addition to GDPR, the Gramm-Leach Bliley Act, Sarbanes-Oxley Act, Health Insurance Portability and Accountability Act (HIPAA) are just a few privacy laws that apply in this sector, and the employee handbook could serve as a useful resource to house this information. At the end of the day, widespread damage can make or break a business, especially in the hospitality industry when consumers have limitless options to choose from. Hotels must be proactive in addressing the growing consumer concern over data security and privacy, as their livelihood depends on it. The hospitality industry consists of hotels, resorts, private clubs, restaurants and other travel amenities. A lawyer that specializes in hospitality provides advice and legal representation to those in the hospitality industry. Owners, operators, and developers in the hospitality industry use hospitality lawyers from time to time to discuss things such as licensing, branding, resolving disputes, financing, operating and planning. There are many reasons to use a hospitality lawyer and most of them are well-versed in all areas of hospitality law. Benefits of Using a Hospitality LawyerMany issues can arise in the hospitality industry, but hospitality lawyers also help with planning and more. The right hospitality lawyer will focus on offering safety and security solutions when needed, assist in travel and tourism issues along with mitigation incidents and injuries when they occur. When changes occur in the company, for example, if a hotel is going to merge with another hotel, a hospitality lawyer will offer education and advice at the beginning of the process all the way through to the end. Understanding ContractsOf course, contracts are going to pop up from time to time. A hospitality lawyer will walk you through all of the legal contracts that come your way. Most contracts are full of jargon that can be difficult to understand. The expertise of a lawyer who knows all about contracts and the hospitality industry will ensure that all contracts contain the proper information and that all parties involved are on the same page. A hospitality lawyer will also be extremely helpful during contract negotiations. Assist with LicensingMany businesses that look to expand or make additions to their company will require extra licensing. This isn’t always a simple task. A hospitality lawyer will walk you through the entire process to ensure that everything is in order for a smooth and successful process. As a hotel owner or restaurant manager, you might not be aware of all the things that are required for licensing. This is where a lawyer will help to make sure you have all of your ducks in a row. Advice with Human Resources and Employment IssuesThe hospitality industry is responsible for a number of jobs. This makes employment and human resource issues a big deal when they arise, often requiring the best solutions. A hospitality lawyer will be able to offer you these solutions and will also give you the advice you need before any issues arise. The goal is to prevent any of these issues from occurring and a hospitality lawyer will help you with this. A hospitality lawyer can also assist during liability cases. With the hospitality industry being so vast, there is more room for accidents and injuries to occur. If something does happen on your property, a hospitality lawyer will assist you during the legal claim to prevent the issue from escalating. Finances and BankruptcyOne of the most important reasons to use a hospitality lawyer is for financial advice. More than likely, you will have an accountant and finance team to help with the numbers, but a lawyer will help with the legal side of financial issues such as bankruptcy. From land development to investor relations, if there is money and legal aspects involved, a hospitality lawyer will understand and know how to help you through these transitions. Does My Employer Have to Pay Me Even If I’m Illegal?Undocumented workers, however, will not be able to recover back pay for time not actually worked or be reinstated to jobs if they sue for discrimination, unfair labor practices, or under other employment laws. While employers still can’t discriminate based on race, age, sex, etc. the remedies undocumented workers can receive under many employment laws are limited. Even though undocumented workers have legal rights, filing suit or complaining to the Department of Labor can be risky. There have been reported cases of undocumented workers who stood up to thieving employers only to face deportation. Employers who use this strategy put themselves at risk. Homeland Security is cracking down on employers who hire undocumented workers. Employers who break the law face sanctions including jail time. You might point this out to an employer who tries to blackmail you out of your pay. As an undocumented worker, what are my rights under wage and hour laws? • Filing a Wage Claim: If you choose to file a wage claim, you can either file or sue your employer in court. You can also contact the U.S. Department of Labor (DOL). Neither of these agencies should question you about your immigration status, nor report your lack of status if it is somehow revealed. As an undocumented worker, can I receive workers’ compensation benefits? • Filing a Workers’ Compensation Claim: If you choose to file a workers’ compensation claim, you should contact the employer to get and file a claim form. If your employer refuses to give you a claim form, then you should contact the state Workers’ Compensation Appeals Board (WCAB). If your claim is approved, you may be entitled to reasonable medical expenses, disability benefits, and rehabilitation benefits. Hotel LawyerWhen you need a Hotel Lawyer, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How To Fix Real Estate Title Problems In Utah Corporate Lawyer West Jordan Utah Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Documented Workers For Hotels first appeared on Michael Anderson. Contract law is the body of law that relates to making and enforcing agreements. A contract is an agreement that a party can turn to a court to enforce. Contract law is the area of law that governs making contracts, carrying them out and fashioning a fair remedy when there’s a breach. Anyone who conducts business uses contract law. Both companies and consumers use contracts when they buy and sell goods, when they license products or activities, for employment agreements, for insurance agreements and more. Contracts make these transactions happen smoothly and without any misunderstandings. They allow parties to conduct their affairs confidently. Contracts help make sure that the parties to a transaction are clear on its terms. How Do You Form A Contract?A valid contract has four parts: How Do The Courts Interpret A Contract?To interpret a contract, a court looks at the clear language of the contract from the viewpoint of an objective and reasonable person. If the contract isn’t clear, the court may consider outside evidence including outside statements and the behavior of the parties. It’s best to put a contract in writing, and the statute of frauds may even invalidate some contracts. Choice Of Law And JurisdictionWhen lawyers create contracts and handle contract disputes, they should be aware of choice of law and jurisdiction issues. Choice of law means the state law that the court uses to interpret the contract. Because most contract law is state law, choosing to litigate a contract dispute with the laws of one state over another can completely change the outcome of the case. Lawyers should carefully consider whether to incorporate a choice of law provision into the contract at the time of drafting. They should also be careful when they choose a jurisdiction to bring a contract dispute. Because the rules vary in each state, these considerations can have a large impact on the outcome of a case. What Is A Breach Of Contract?When there’s a disagreement about the terms of a contract or when there’s a breach of contract, the parties might involve a court to resolve the dispute. The party seeking damages must prove that a valid contract exists. They must also convince the court that there’s an appropriate remedy. What Are The Remedies Available For Breach Of Contract?There are several remedies that a party might ask a court to impose for a breach of contract. The most common is compensatory damages. These are the real, financial losses that a party has because of the breach of contract. If the parties agree in advance about damages if a breach occurs, that’s called liquidated damages. When a breach occurs without any real damages, the aggrieved party can still get a small amount of damages. That’s called nominal damages. In some cases, a party acts very poorly and inexcusably to breach a contract. When that happens, the court may award extra damages called punitive damages. However, this is rare. It’s also rare for a court to order the parties to perform the contract. That might happen in a case where compensatory damages are inadequate like in a contract of sale for a rare item. Emerging Issues In Contract LawContract law grows and changes just like any other body of law. In recent years, the validity of electronic signatures on a contract has become a relevant and disputed issue in contract law. The practice of contract law includes identifying emerging issues and advocating for changes and extensions of law in order to allow the client to conduct business in a convenient and favorable way. Who Practices Contract Law?Lawyers throughout the United States practice contract law. A lawyer might specialize in contract law in private practice, or they might work for a corporation as in-house counsel. Contract lawyers work as solo practitioners, and they work at the largest law firms in the country. They might handle contract law exclusively, or they might handle contracts as part of a diverse practice. Even general practice attorneys who primarily handle unrelated matters are usually called on by a client to look at a contract matter at least a few times in their career. At Ascent Law, we have lawyers who regularly practice in Contract Law and would love to speak with you about your specific situation or your specific case. Lawyers Create ContractsTo practice contract law, lawyers should know how to draft and evaluate contracts. They should know the state law that applies to contracts. They should be aware of issues like choice of law, jurisdiction for enforcement and mandatory arbitration clauses. Practicing contract law means knowing how to draft a contract that’s enforceable and that also has terms that are acceptable and valuable to the client. Lawyers Handle Contract DisputesWhen a contract dispute arises, lawyers work to help their client resolve the matter and advocate for the best possible result. Sometimes that means writing demand letters and contacting the other party in order to work towards a resolution. In other cases, it means litigating the matter in court. Some contract disputes rely on arbitration and mediation. Lawyers who practice contract law might do some or all of these tasks on behalf of their clients. In a contract, words have meaning. Each word is important and even critical. For lawyers who like writing and enjoy the details, contract law is a good choice. When disputes happen, lawyers who enjoy litigation and conflict resolution can help deserving clients navigate these disagreements. Contract lawyers help people and companies conduct business. It’s important work. The work is often ongoing or repeat, so whether you work for yourself, a law firm or as in-house counsel, a focus on contract law is often the cornerstone of a sound career in the law. How a Contract WorksOnce the offer, acceptance and consideration have been determined, the contract describes in detail all the parts. A contract answers the who, what, how, where, how and when of the agreement. It is important that the terms of the agreements be clearly stated. The terms of the contract–the obligations, expectations, and responsibilities of all the parties–must be detailed and without ambiguity. Once all the parties have read and understood the contract, the parties sign and date the contract. The contract is legally binding which means that once signed all parties are legally obligated to do what they have agreed to. Contracts are legally enforceable as well. Breach of contract is when one party does not do what the party agreed to do in the contract. The other party then has the right to go to court to ask the judge to compel or force that party to follow the terms of the contact. This is how a contract is enforceable. Oral contract are much harder to enforce because there is no evidence, such as a written agreement, to show what the parties agreed to or what the consideration was. Additional Information About ContractsNot everyone can sign a contract. There are state laws which decide how old a person can be before she can sign a contract. In many cases a person must be over 18 years old, but 16 years of age is also possible. In other situations a parent must co-sign a contract if a child is a minor. Another requirement is that all parties signing a contract must be competent and sane. While this requirement is open to interpretation, people are expected to have the intellectual capacity to understand what they are signing. Contracts are also not binding if fraud is involved or if one of the parties misrepresents himself. An extreme example is selling a house that you don’t own or don’t have the legal right to sell. If such factors of a contract are uncovered, the contract is void and is unenforceable. Contracts can be one or several hundred pages long. No matter the length, it is your responsibility to understand what you are signing. Having an attorney look over any contract is always a good idea. Express ContractYou’ll likely be a party to contracts in your everyday routine. Everything from eating at a restaurant to buying a home includes some form of a contract. The following are some of the most common contracts that are used. An express contract is the most common contract type. In this type of contract, all elements are specifically stated. This can be written or done orally. Either way, offer, acceptance and consideration must bind the parties together legally. And both parties must clearly understand the terms and conditions each is agreeing to. An oral contract works the same way. In an oral contract, like negotiating the price of a new car, the parties agree on a set price, a monthly payment schedule if applicable and any warranties or guaranties included in the offer. Once acceptance is made and consideration is exchanged, the contract for the vehicle is binding and enforceable. As long as both parties uphold their promise, the car cannot be returned at a later date, nor can the salesman request the car back from the new owner. Implied In-Fact ContractNot every contract is as transparent as an expressed contract. An implied in-fact contract binds parties together through a mutual agreement and intent, but there are no expressed terms of the agreement. The agreement holds mutual intention based on facts and circumstances and a reasonable assumption from the circumstances and relations between the parties. For an implied in-fact contract to be enforceable, there are a few elements that must be present: What Are The Legal Rules As To a Valid Contract?A valid contract is an agreement which is binding, certain and enforceable by law. A valid contract has several essentials like offer, acceptance, lawful object, lawful consideration etc. The legal rules regarding valid contracts are as follows:- • Intention to create legal relationship – The parties to an agreement must have intention to create legal relationship. Agreements of a social or domestic nature do not create legal relations and as such cannot give rise to a contract like A promises his friend B to go along with him to an exhibition but later refuses. Here there was no intention to create legal obligation so this is not a valid contract. In case of commercial agreements it is presumed that parties intend to create legal relations. • Lawful Consent – It is another essential for a valid contract. Consent means that the parties must have agreed upon the same thing in the same sense i.e. meeting of minds of the parties. For a valid contract it is necessary that the consent acquired must be free. For e.g. if A compels B to enter into a contract at gunpoint then it is not a valid contract as the consent of B is not free. • Lawful Object – It is also necessary that agreement should have a lawful object. The object for which the agreement has been entered into must not be fraudulent, illegal, immoral, or opposed to public policy. Every agreement of which the object or consideration is unlawful is illegal and the therefore void. This agreement is illegal as its object is unlawful. • Certainty – “Agreements the meaning of which are not certain or capable of being made certain are void.” i.e. a contract must have specific and certain provisions. • Lawful Consideration – Consideration is “something in return.” It is some benefit to the party. An agreement is enforceable only when both the parties get something and give something. The something given or obtained is the price of the promise and is called consideration. Consideration for one party may be paid by someone else. • Parties must be competent to contract – An agreement is enforceable only if its parties possess contractual capacity i.e. they are neither minor, nor of unsound mind etc. It means that the parties to an agreement must be competent to contract. According to Section 11, in order to be competent to contract the parties must be of the age of majority and of sound mind and must not be disqualified from contracting by any law to which they are subject. • Legal Formalities – According to Contract Act, a contract may be oral or in writing. But in certain cases it is necessary to complete certain formalities in certain contacts such as some contracts require registration, written document etc. Agreement must not be expressly void by law – An agreement must not be one of those, which have been expressly declared to be void by statute. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Is The Difference Between A Prospectus And An Offering Memorandum? Are Divorce Settlements Taxable? Auditor Charged With Insider Trading Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Contract Law first appeared on Michael Anderson. While seat belts are designed to save lives, defective belts can lead to severe harm, even death. While seat belts are designed and marketed as a necessary line of defense for vehicle passengers, defective seat belts can make serious car accidents even worse, leading to severe injuries, pain and suffering. Seat Belt Risks & Car Crash InjuriesSeat belt manufacturers and auto companies have a legal duty to design and manufacture seat belts that operate correctly in the event of a crash. Seat belts, in short, should be “crash worthy,” able to survive the significant rigors of an accident while fulfilling their intended purpose. Unfortunately, manufacturers do not always recall defective seat belts when they should. Some defective seat belts remain on the market for years, even though their manufacturers understand their risks, putting drivers and passengers at risk. Generally, seat belts have two functions. Seat belts prevent passengers from being ejected from the automobile during the accident. At the same time, seat belts reduce the risk that a passenger or driver will collide with objects inside the car, which can cause injuries secondary to the primary impact of the accident. Types of Seat Belt FailureWhile seat belt manufacturers have converged on a standard design for their products, there are still a myriad of designs out there, some of which work better than others. Accident experts have identified a wide range of potential seat belt failure mechanisms: • Inertial Unlatching: In simple terms, inertial unlatching occurs when the seat belt mechanism releases during an accident. The latch plate, which fits into the buckle, detaches, disconnecting the belt and leaving a passenger or driver unprotected. Seat belts without a locking latch plate are more prone to this form of failure than newer designs. Accident engineers, theorize that inertial unlatching occurs when the forces created by an accident resonate inside the buckle’s spring mechanism, thus unlatching the seat belt. • False Latching: This occurs when the latch appears to be buckled, but is not. This can occur due to user error, or due to internal friction inside the locking mechanism itself. False latching can also happen when there is an additional slot for the latch to enter, adjacent to the actual locking mechanism. When a passenger is falsely latched, rather than properly latched, they are at risk of being ejected from the vehicle in the event of a crash. • Accidental Release: Some seat belt mechanisms are easier to unlatch than others. In the event of a crash, seat belts can come unlatched when jostled by the passenger’s elbow or hip. Accidental release can be a sign of poor seat belt design. • Webbing Failure: The seat belts webbing, the strap that extends from the shoulder to the hip or across the lap, must be strong and free of defects to work properly. Manufacturing defects can leave seat belt webbing vulnerable to tears or breaks, which can become fatal in the event of an accident. Dynamic forces can make the problem worse. If the seat belt has not retracted correctly, and slack remains in the line, the force of an occupant moving forward can snap the belt’s webbing, leading to a seat belt failure. • Retractor Failure: For seat belts to work as intended, the webbing strap must pull taut against an occupant’s body during a crash. Most cars now feature an automatic retractor, which pulls the seat belt taut against the body when an impact occurs. As we’ve seen, slack in the seat belt can lead to a webbing failure, which occurs when the seat belts webbing snaps under the force of a moving body. It can also leave the driver or passenger vulnerable to secondary impact injuries, as the body is thrown against features inside the car’s interior. How to Detect Seat Belt FailureDetecting seat belt failure isn’t always a straightforward matter. The effectiveness of your vehicle’s seat belts should be evaluated based on the facts of your particular accident and injuries. Based on past cases and experience, here are just a few signs that may indicate a seat belt problem: Who is Responsible for Seat Belt Failure?If you’re injured because of seat belt failure in a vehicle, both the manufacturer of the product and the vehicle could be at fault. Designers of seat belts work to create a system that will protect vehicle occupants in some of the most extreme conditions, but they don’t always work as planned. Seat belts are tested by both the product creator and the vehicle manufacturer, to make sure that they adhere to certain safety standards. Even if the tests are passed, standards can change, or defects in manufacturing can arise that make the products less effective. Automakers may also be slow to adopt new seat belt technology in the vehicles, which could lead to modern cars having antiquated systems. Seat Belt Injuries and Potential DamagesSeat belt failure may be difficult to detect, but the related injuries are often quite serious. If you’re involved in an accident with a seat belt failure, the proper investigation may be able to identify the design or manufacturing defect that was the likely cause of your injuries. Victims who have been harmed by defective seatbelts might receive compensation that consists of compensatory and/or punitive damages. Compensatory damages will reimburse you for such things as medical care, lost wages, disability, and even suffering from the seat belt-related injuries. Punitive damages are sometimes awarded to victims as a means of punishing companies for wrongdoing. These damages can be significant, and they discourage manufacturers from releasing defective products or forgoing important safety testing in the future. If You’ve Been Injured Due to Seat Belt FailureIf you or a loved one has been injured due to seat belt failure, you have the right to claim financial compensation for those injuries with a defective product lawsuit. Most law enforcement officers who investigate these accidents miss a potential defective seat belt and it may take hiring an expert with accident reconstruction experience to uncover the truth. Using Seatbelt EffectivelyIn order to secure a passenger, a seat belt must: Seatbelt Defects LawSeatbelts are supposed to keep you tightly strapped in to prevent impact and ejection injuries. However, if the belt fails when you need it most, the consequences can be serious for you and everyone else involved. Without the belt to restrain you, you could be thrown around inside the car from the force of an impact. Or, perhaps even worse, you could be ejected from the vehicle altogether. Who’s to Blame for a Faulty Safety BeltIf you were involved in a collision and were injured because of a defective seat belt, you might be eligible to receive compensation for your injuries from the vehicle’s manufacturer or seller. Seat Belt Injuries in a Car AccidentHow seat belt injuries occur, how they can be prevented, and legal issues that can be raised around these kinds of injuries. Statistically, it has been proven that wearing a seat belt while traveling in any kind of motor vehicle saves lives. Of course, wearing a seat belt alone does not ensure the safety of drivers and passengers involved in a car accident. And at rare times, the seat belt itself may cause further injury. While the majority of seat belt injuries are minor and even expected especially in serious, high-impact crashes some car accident injuries caused by seat belts can be serious. How Seat Belt Injuries OccurIn many traffic accident scenarios, an automobile comes to a sudden stop, requiring a seat belt to restrain a still-moving driver or passenger. While a seat belt may indeed prevent severe injury when it is worn properly and functions as intended, it is entirely possible that the seat belt itself can cause injury to a driver or passenger, due to a variety of factors, including: The most severe injuries that can be caused by (or exacerbated by) seat belts include: • The shoulder belt should be placed across the middle of your chest and away from your neck Personal Injury LawyerWhen you need legal help with seat belt defects in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Difference Between Real And Personal Property Biggest Challenges Of Real Estate What Is The Difference Between A Prospectus And An Offering Memorandum? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Defective Seat Belts first appeared on Michael Anderson. Worried about representing yourself in court? Many parents wonder how to get custody of a child without a lawyer, either because of the cost of hiring one or for other reasons. Yet, custody proceedings aren’t necessarily the easiest first-introduction to the legal system. If you plan to head into court solo, here’s what you need to know: In legal terms, filing for child custody “pro se” means filing on behalf of yourself. In other words, without the help of a lawyer. For many single parents who want to file for child custody, but who cannot afford a lawyer, filing for child custody pro se is a viable alternative. Plus, even if you do end up working with a lawyer later, teaching yourself how to go through the process pro se can equip you to be your own best advocate. • Contact the court clerk: The very first thing you need to do is contact your local family court and ask the clerk how you can obtain the papers you will need in order to file for child custody without a lawyer. In some states, these forms can be printed right from your computer. In other states, you will need to physically go to the courthouse to obtain the paperwork you’ll need to file for child custody pro se. • Research child custody laws in your state: Make sure you have a solid understanding of the details, legal hoops, and fine print that could impact your case. This is tedious, time-consuming work, but understanding the child custody laws in your state will have a huge impact on your ability to represent yourself well. • Consider all of your child custody options: Don’t just automatically file for sole physical custody because you don’t want to live apart from your kids, or because you find your ex difficult to work with. Give consideration to every child custody option that is available to you, and carefully consider what would really be best for your children. • Maintain clear, detailed child custody documentation: Keep a record of each and every visit, phone call, email, and contact between you and your ex, and between your children and your ex. As best as you can, stick to the facts and refrain from using negative or derogatory language. • Pay close attention to all of the deadlines and dates related to your case: Many of the papers you will need to file will require follow-up activities within a given time period, such as 30 days. Do not miss a single deadline. In addition, keep all of your papers and materials organized. This will help you stay on top of the details of your case. • Consider whether you feel confident that you can get custody without a lawyer: Before you go to court, consider whether you feel 100% confident in representing yourself. If you do not, consider contacting Legal Aid to find out whether there are any nearby legal clinics where a paralegal or law student could review your case thus far and give you further direction before going to court. • In court, be polite and respectful at all times: Do not allow the judge to see your anger and frustration. Instead, focus on being pleasant and attentive, and stick to the facts of your case. • Do not give up: Getting custody without a lawyer is difficult, and you’re probably going to face some setbacks along the way. Stays focused on your mission and remember that what you are doing is 100% for your kids. This will come through in all you do as you work toward securing custody of your children. How to Get Sole CustodyGetting full custody is often what parents want to achieve in their custody case, but, many times, parents don’t know what it means or how to get sole custody. Understanding how sole custody works is crucial because you want to be sure that getting sole custody, also known as full custody, is what you really want. In addition, judges like to see both parents involved in raising your child. Getting full custody means you’ll have to show the judge why you’re the only parent who deserves custody. Sole Custody vs. Joint CustodyHow to gain full custody involves a certain strategy, but before you can get full custody, it’s important to know what sole custody is: How to Obtain Full CustodyFiling for full custody is the first step in the process of getting sole custody. The best case scenario is if your spouse agrees to your having full custody. This prevents fighting for full custody, is less expensive for everyone, and is also less stressful than a full-blown trial. You can file for custody even if you’ve never been married, so long as you have a child in common. Filing for custody if you’ve never been married to the other parent is similar to how to get full custody in a divorce, except there is no marriage. The requirements in cases with or without a marriage are the same, so long as the father has established paternity if the parties were never married. How Do You Get Full Custody of Your Son or Daughter?Whether or not you’ll get sole custody depends on several factors in addition to best interests and the inability to co-parent. Some scenarios that give you a better chance of getting sole custody are if:
Is There a Preference of Full Custody for Mothers?Most states used to award custody to mothers more often than to fathers. Now, almost every state has laws allowing both parents to get custody. As many fathers know, however, some judges still believe the mother should be the custodial parent. Some states are better than others in allowing either you or your spouse to have an equal chance of getting full custody. If you’re seeking sole custody, you should hire an experienced family lawyer. Custody is too important to handle by yourself. Dos and Don’ts for Winning Child CustodyThese dos and don’ts will help you present yourself to the courts in the best light and help you win your child custody case: • Don’t invent negative stories in an attempt to win custody: Never come up with unfounded allegations of abuse or exaggerate your ex’s shortcomings in order to win custody. Any lies you present will come back and be used against you in court. To get this transfer done right and to protect yourself in the future, you’ll need to draw up an agreement between you and the child’s mother. You can do this without a lawyer, but you’ll need to present this agreement to the local court for a judge’s approval. If you try to skip the court altogether, you put yourself at risk. More often than you’d imagine, the parent giving up custody changes his or her mind after a while and then denies there ever was any agreement. In that case, the parent accepting custody can get stuck with paying back support even though the child has been living with him or her during the whole time period. Make sure the agreement says that each of you intends that your son’s legal and physical custody be transferred from his mother to you and that all child support will cease as of a specific date (which you’ll choose and include). The agreement doesn’t have to be in fancy legal language, it just needs to make the important points in writing and include both your full names and that of your son. Then be sure you both sign the agreement in front of a notary public. Forward the agreement to the court that handled your divorce and include a letter asking a judge to adopt it as a court order. Also ask the judge to make an order canceling the deductions from your paycheck. A sympathetic judge will give you what you need to take to the payroll office and cancel the child support. An unsympathetic judge may tell you that you need to hire a lawyer for the job. But in truth, it is a very simple procedure and you should be able to get the court to do the necessary paperwork. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Commercial Property Foreclosure Difference Between Real And Personal Property Do Divorce Papers Have To Be Served In Person? How To Prevent Discrimination At Work What Is The Difference Between A Prospectus And An Offering Memorandum? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Custody Lawyers Utah first appeared on Michael Anderson. An Offering Memorandum is also known as a private placement memorandum. It is used as a tool to attract external investors, either specifically targeting a known group or just soliciting willing investors in general. The document enables the investor to understand in detail the investment, so as to help them assess their interest in participating in the deal. An investment banker often prepares an offering memorandum on behalf of the business owners. In investment finance, an offering memorandum is a kind of a detailed business plan that highlights information required by an investor to understand the business. It provides details on the terms of engagement, potential risks associated with the business, and a detailed description of the operations of the business. The document also often includes a subscription agreement that acts as a contract between the two parties, i.e., the investor and the issuing company. Investments formally follow these guidelines and are mostly required by securities regulators. A prospectus is similar to an offering memorandum, but the former is for publicly-traded issues while the latter is for private placements. Business growth requires an injection of capital that is obtained from investors. The offering memorandum is part of the investment process. For instance, a company may decide to increase the number of its offices, which will require a significant amount of funds. The process begins with the firm deciding how much they need for the expansion. Then, an investment banker drafts the offering memorandum, which must comply with existing procedures and securities laws and regulations. The company then chooses who to issue the document with, depending on their targeted investors. It is much like the process of doing an IPO, but an offering memorandum is aimed at a private placement investment rather than the company seeking funds going public. What Are The Contents of the Offering Memorandum?An offering memorandum comprises key information on the company’s future growth strategy, upcoming opportunities in the market, strategy for achieving future projections, and details on competition in the marketplace. How the current management team plans on dealing with weaknesses, operations scalability, etc., are detailed in the document. The investment banker, financial advisors, and the like, should provide valuable information but the offering memorandum should also contain information directly from the company. Every clause should be scrutinized and vetted to ensure it’s free from errors or omissions. The document is meant to give the company an opportunity to convince targeted investors, and it should be flawless for this purpose. Example Offering Memorandum Table of Contents: What Is The Importance of Issuing an Offering Memorandum?The document is legally binding, and its importance goes beyond being a necessary document in the process of investment for both sellers and investors. The document protocol helps the investor understand the opportunities being presented in the investment, imminent risks, potential returns, the operations involved, and the general capital structure. The offering memorandum also provides protection for the investor and for issuers of securities. The issuer is required to follow to the letter all regulations outlined by the SEC (Securities and Exchange Commission). The SEC promotes fairness in the investment industry by shielding investors in the securities industry from falsified information and by aiding the investor in making informed decisions in the process of committing huge amounts of funds. The offering memorandum also presents a professional touch to the seller. Investors cannot commit their money to businesses that don’t look organized or professional in their area of operation. Presenting a memorandum shows seriousness and professionalism in the business. Who prepares the Offering Memorandum?When any company goes through a sale process, it hires an investment banker. The first step of the banker is to understand the company and gather as much information as possible from top management to come up with a profile the company. The banker prepares the CIM and uses it as a marketing document, which is intended to make the company look attractive as the objective is “not just to sell, but to sell for maximum value.” The reason an investment banker tries to sell a company at the maximum value is because they represent the best interest of their client (the seller), and that their commission is based on the sale price. Offering Memorandum Vs ProspectusA prospectus offering document can bring added protection to your business and is often required to raise either debt or equity capital in the public and private markets. A well written prospectus will tell the story of the company, from the minute details of the types of securities being offered, e.g. stock versus bonds, to the management team, the market, the risk factors and the overall prospectus model of the company, among many other features. The final part of the prospectus is reserved for the subscription agreement, which is an essential component of any prospectus as the subscription agreement is the contract between the issuer and the person buying the debt or equity securities. Although the prospectus is first and foremost a document used to raise capital, the structure and presentation of the prospectus can add value to a company’s products and services and team by portraying them in a well-polished format. A prospectus shows an investor that one is serious and has gone the extra length to ensure regulatory compliance and good business practices. Without a formal document that outlines the company’s prospectus and securities structure it is often difficult to raise capital from any serious investor. A prospectus is used for public markets while an offering memorandum is used for private markets. The offering memorandum document can also be referred to as an “offering circular” if it requires registration with the stock exchange commission. The offering memorandum and the prospectus share many attributes, ranging from the types of disclosures and amounts required to terms and conditions. Both documents describe the terms of the offer, such as the minimum amount to invest and the qualifications of an investor. The investor is also briefed on imminent risks such as tax issues, vulnerabilities, transferability issues, and potential returns. Both documents are basically a detailed business plan, with in-depth information on management structure, strengths and weaknesses, capital structure, asset values, share values, amount of shares available, and financial projections. Offering MemorandumAn offering memorandum is a legal document that states the objectives, risks, and terms of an investment involved with a private placement. This document includes items such as a company’s financial statements, management biographies, a detailed description of the business operations, and more.An offering memorandum serves to provide buyers with information on the offering and to protect the sellers from the liability associated with selling unregistered securities. Understanding an Offering MemorandumAn offering memorandum, also known as a private placement memorandum (PPM), is used by business owners of privately held companies to attract a specific group of outside investors. For these select investors, an offering memorandum is a way for them to understand the investment vehicle. Example of an Offering MemorandumIn many cases, private equity companies want to increase their level of growth without taking on debt or going public. If, for example, a manufacturing company decides to expand the number of plants it owns, it can look to an offering memorandum as a way to finance the expansion. When this happens, the business first decides how much it wants to raise and at what price per share. In this example, the company needs $1 million to fund its growth at $30 per share. The company begins by working with an investment bank or banker to draft an offering memorandum. This memorandum complies with securities laws outlined by the Securities and Exchange Commission (SEC). After compliance is met, the document is circulated among a specific number of interested parties, usually chosen by the company itself. This is in stark contrast to an initial public offering (IPO), where anyone in the public can purchase equity in the company. The offering memorandum tells the potential investors all they need to know about the company: the terms of the investment, the nature of the business, and the potential risk of the investment. The document almost always includes a subscription agreement, which constitutes a legal contract between the issuing company and the investor. Offering Memorandum vs. Summary ProspectusWhile an offering memorandum is used in a private placement, a summary prospectus is the disclosure document provided to investors by mutual fund companies before or at the time of sale to the public.This written document is an abridged version of the final prospectus that allows investors to see pertinent information regarding the fund’s investment objectives and goals, sales charges and expense ratio, focused investment strategy, and data on the fund’s management team. Relevant tax information and broker compensation are also included in the disclosure document. A summary prospectus provides investors the information they need from the final prospectus quickly and in plain English. What is an Offering Circular?An offering circular is a prospectus for a new security listing. It is delivered to individuals and brokerage houses who are interested in potentially purchasing the newly issued mutual fund or stock. It may be slightly abbreviated from the final, long-form prospectus, but is still required to contain specific information. Offering circulars are required to contain certain pieces of information that are meant to be helpful to a prospective investor in deciding whether or not the investment is suitable for their interests. This information includes items such as the issuer of the security, the objective of the mutual fund or the purpose of the stock issue, the terms of the issue, and any additional information that could be helpful to a prospective buyer. An offering circular should not be confused with a red herring or preliminary prospectus. The preliminary prospectus, or red herring, is issued during the IPO process and is intended to generate interest in the new issue. It lacks many of the specifics regarding the new issue. The offering circular is a more complete document and should be viewed before making a final decision about an investment. Information About An Offering CircularAn offering circular allows investors to access information regarding a new issue. It provides them with very important information about the security such as financial information about the issuer, the objective of the fund or purpose of the funds being raised, and other terms of the security issuance. The offering circular is a legal document and is a requirement for many, but not all, new issues. It is important to distinguish it from the red herring, or preliminary prospectus, which lacks significant details about the new issue. The red herring is a promotional item passed out to potential investors early on in the IPO process to solicit indications of interest and does not include the crucial information that an investor should review before purchasing a security. However, this important information is included in the offering circular. Securities LawyerWhen you need legal help from a Securities Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Top Asset Division Divorce Attorney Difference Between A Felony And A Misdemeanor In Utah Can A Spouse Refuse To Sign A Divorce Paper? Commercial Property Foreclosure Difference Between Real And Personal Property Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post What Is The Difference Between A Prospectus And An Offering Memorandum? first appeared on Michael Anderson. There are two types of property. In legal terms, all property will be classified as either personal property or real property. This distinction between types of property comes from English common law, but our modern laws continue to distinguish between the two. Each type of property is treated differently under the law. There are many different types of laws that specifically pertain to personal property, and many other types of laws that pertain specifically to real property. Normally, a piece of property can be easily classified as either personal property or real property. The difference between the two is usually fairly straightforward. However, sometimes it’s a little harder to categorize property. Let’s say that I buy lumber and other building supplies, such as a saw, a hammer, and some nails. These supplies are personal property. They’re moveable and they belong to me. Next, I use these items to build a shed on my land. Is this shed personal property? No. The shed is real property because it’s attached to, and now part of, my land. Any leftover building supplies are still personal property, like my saw and hammer. But anything that’s actually part of the shed is now real property. Personal PropertyLet’s take a closer look at why this is. Let’s look at the types of items that are classified as personal property. Personal property includes possessions, of really any kind, as long as those possessions are movable and owned by someone. Personal property isn’t affixed to or associated with land. These moveable items are sometimes known as chattels. The law regarding chattels includes those laws covering possession, gifts, lost property, abandoned property, and stolen property. Personal property, therefore, includes belongings of any kind, as long as they are movable and are owned by someone. Personal property is usually viewed as assets and can be used in defining the net worth of a person. Some examples of personal property include bank accounts, insurance policies, furniture and fixtures in the homes, stocks, vehicles, boats, collectibles, antiques, books and pensions. Adding on the example about farm structures above, farm animals would be personal and not real property. They can be moved from one place or farm to another. It’s helpful to note that personal property includes both tangible and intangible items. A tangible item is an item that can be felt or touched. For a business, tangible personal property includes items the business owns such as: Personal property: ChattelsThe term chattel sometimes refers to all kinds of personal property, but often it refers only to tangible personal property (such as nose flutes and toenail clippers) as opposed to intangible property. A chattel, such as a furnace, can be affixed to land and become part of the real property. Such chattels are called fixtures. However, fixtures may retain their quality as separate personal property for certain purposes. For example, at the end of a lease term, the tenant generally has the right to remove fixtures she installed even though she doesn’t have any more right to the real property when the lease ends. Another example let us say that a person buys lumber and other building supplies including a hammer, saw, and some nails. These materials are personal property. They are chattels since they are tangible and are moveable. In a business setting, chattels or tangible personal property can include business equipment, office furniture, business vehicles, business goods and more. Extending this example, let us also say that this same person uses these tangible items to construct a shed on their land. Can we say that the shed personal property? No. The shed is real property. Because it is attached to and is now part this person’s land. Well, what about the building materials saw, hammer and leftover nails? Those are tangible personal property – they are movable, unlike the shed. Personal property: IntangiblesIntangibles are all kinds of personal property that aren’t tangible, that can’t be seen or touched. So, you can say this kind of property doesn’t involve a “thing” at all; it involves only a legal right. The mere existence of such a category of property is a reminder that, in the law, property most accurately refers to legal rights, not to things. Property rights: Things that can’t be ownedSome things can’t be owned at all and therefore can’t be private property. Some of these things, such as light, air, and the high seas, can’t be owned because they naturally seem communal. Other things, such as rivers and coastal waters, can’t be owned because they belong to the public. And some things can’t be owned because they’re illegal, like heroin. Real property: Land and buildingsReal property describes land and things that are attached to the land, which is why land is sometimes called real estate or realty. Even though wood, steel, and other building materials aren’t land themselves, when they’re built into structures attached to the land, they become real property, too. Trees and other plants naturally growing on the land are also part of the real property. But plants that require regular human cultivation and labor, such as grains and vegetables, sometimes aren’t treated as part of the real property. Real property is immovable property. It describes land and things, such as buildings, that are attached to that land, which is the reason why land is sometimes called real estate. Although steel, wood and other building materials are not land in themselves, when constructed into structures attached to land, they become real property. Trees, as well as other plants that are naturally growing on the land in question, are also part of the real property. However, plants requiring consistent human labor such as vegetables and grains are not treated as part of the real property. Differences between Personal and Real PropertyNow that we have understood the two types of properties, the next thing is to outline the differences between them. Although in trying to explain the meanings of the two types of property many differences have come up, we are going to outline those differences below. How many have you picked from the discussion above? Here are the major differences between personal and real property. 1. Real property is immovable and is permanently attached to the land including a house, walls, blinds, windows, fixtures, doors, and more. On the other hand, personal property can be moved or taken from a home or business including furniture, artwork, light fixtures and more. It is not affixed in any way. Real Property LawyerReal property is not only what is on your land, but it also consists of what is below and above it. If you have oil in your backyard, by all means you have the right to dig and acquire that oil. Personal property deals primarily with movable things, even if they weigh a ton, as long as they are not attached to the land. You might ask yourself, what’s the purpose behind these two classifications? Well, the classifications enable the law to draw a line between the two. Property can be categorized as real or personal.Real property comprises of anything that is attached permanently to land such a home, a garage, shed or even a rose flower. Conversely, if it were movable, then it would be personal property. A rose bush is a real property unless if it is pulled out of its garden, which would make it personal property. That said anything that is movable represents personal property, while the immovable is real property. Real Estate LawyerWhen you need legal help with real property law or personal property law, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Residential Property Foreclosure Top Asset Division Divorce Attorney What Is The Difference Between Real Property And Personal Property? What Property Can Go Into A Living Trust? Commercial Property Foreclosure Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Difference Between Real And Personal Property first appeared on Michael Anderson. |