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Apr 18, 2019

Rental Security Deposit - What's Legally Allowed

red cash register

Unfortunately there is not one single specified amount across all jurisdictions.

It is normally at the end of the tenancy when the deposit becomes refundable that disputes arise.

That's why both landlords and tenants must make it their business to find out what is permissible.

In fact, in many states it is a duty of the landlord to inform the tenant of his/her rights.

You need to know which costs can and cannot be deducted and the process that should be followed.

Continue reading "Rental Security Deposit - What's Legally Allowed"

Apr 16, 2019

How to Register a Trademark and Why You Should

registered trademark symbol

There are distinct financial advantages to having a registered mark, such as claiming for damages from counterfeiters, licensing or franchising a mark etc.

Once you've registered your trademark, no one can claim ignorance since it is the duty of subsequent users to do searches for existing marks.

We'll show you step-by-step how to:

  • Choose a TM
  • Do a TM search
  • File an application
  • Use your Trademark

Continue reading "How to Register a Trademark and Why You Should"

Apr 15, 2019

Used Car Bill of Sale

vehicle with for sale by owner sign

When selling a vehicle privately, it is important to record the details of the sale in writing to avoid future disputes.

Moreover, you also need to submit the record of the sale for tax purposes.

When it gets to selling a vehicle on installment sale, the agreement gets a bit more complicated. Take a look at our bill of sale where we make provision for:

  • The purchase price
  • Deposit paid
  • Interest and late payment fees
  • Recording a lien

Continue reading "Used Car Bill of Sale"

Apr 12, 2019

Advance Health Directive - Legal Guidelines

What are the requirements for a Medical Power of Attorney?

elderly woman and health worker

Who can you - should you - appoint as Agent and who does not legally qualify?

And will you stay in charge of your health care or when do they start making decisions on your behalf?

Do you need to file your document with a government office or where should you keep it?

It need not be a daunting task to get this important document in place. We’ll show you how and provide free templates for your use.

Continue reading "Advance Health Directive - Legal Guidelines"

Apr 10, 2019

General Power of Attorney - What You Need to Consider

hand with pen

A general power of attorney can grant extensive powers to your Agent, but that does not mean you lose control over your affairs.

Whilst you are of sound mind your agent must act on your instructions. And in any event, the power of attorney expires when you become mentally incapacitated.

You can also set a date upon which it expires which means you do not need to revoke thereafter.

You should also consider whether a limited power of attorney would not suit your purposes equally well.

Take a look at our guidelines and suggestions for restrictions and use our free template to draft your document.

Continue reading "General Power of Attorney - What You Need to Consider"

Apr 08, 2019

Vacation Time! Get the Right Documents in Order

kids on train

Will your child be away from you, spending time or traveling with friends?

Having a Temporary Guardianship form in place can give you peace of mind!

You can authorize a trusted friend to give Medical Consent in an emergency when it may be difficult to get hold of you.

And it may be a legal requirement to issue a Consent to Travel should your child be crossing international borders.

Continue reading "Vacation Time! Get the Right Documents in Order"

Apr 05, 2019

Wedding Photography Tips - Legal Guidelines

bridal couple on beach

It is important for the wedding photographer and (even more so) the bridal couple to have a clear understanding of pertinent details such as:

  • Who owns the copyright of the wedding photographs? Clients may argue that they paid for the work i.e. “work made for hire" and should therefore own the copyright.
    There are a number of ways to address this in the wedding photography contract.
  • Does the photographer need model releases or more specifically, for whom and when is this necessary?
  • Is a retainer (or reservation deposit) refundable?
    Etc.

We also provide free templates for your wedding checklist and photography contract.

Continue reading "Wedding Photography Tips - Legal Guidelines"

Apr 03, 2019

Home Business Insurance Checklist

life belt

Running your business from home? There are some risks you may be exposed to and need to consider.

For example:

  • Small Business Liability Insurance and Property Insurance
  • Establishing a Bond
  • Worker's Compensation Insurance
  • Incorporating Your Small Business
  • Independent Contractor Insurance
  • Here's an overview of a variety of ways in which you can protect yourself and your personal assets against claims.

    Continue reading "Home Business Insurance Checklist"

Apr 01, 2019

Legal Wills - Frequently Asked Questions

last will spectacles and pen

When writing a will you may need to know:

  • Where should I store my will?
  • Can I have more than one original will copy
  • Can I disinherit my spouse?
  • What does the clause "power of assumption" mean?
    etc.

Answers to these and many more questions can be found here:

Continue reading "Legal Wills - Frequently Asked Questions"

Mar 29, 2019

Personal Loan Agreements - Consider this:

calculator and bundles of moneyTerms of Payment:

Consider if/how the borrower can afford to repay the loan within a time period acceptable to the lender. If the payment schedule is not feasible, it will inevitably lead to default which is not the desired outcome.

Interest:

Can you charge interest and at what rate? Should you charge interest?

You don't have to charge interest (with loans to family members for example) but you need to know what the limitations are.

Security:

You could consider tangible goods such as jewelry, art work etc. as collateral to secure a loan. You could also require/demand that the repayment of the loan is guaranteed by having another person sign as co-signor or enter into a separate guaranty agreement with a guarantor.

Review our guidelines and use our free Promissory Note templates to compile your document.

Continue reading "Personal Loan Agreements - Consider this:"

Mar 27, 2019

Durable or Lasting Power of Attorney

doctor with stethoscope

An enduring, durable, continuing or lasting power of attorney is such an important legal document to have in place!

It enables you to appoint the person(s) you wish to look after your affairs when you become incapacitated.

Unlike a normal POA that expires, the directives in this document will endure/last/continue when you are no longer able to make your voice heard.

Here are some step-by-step guidelines (and free templates) to help you plan ahead.

Continue reading "Durable or Lasting Power of Attorney"

Mar 25, 2019

When is a Restraint of Trade Enforceable?

employee tied

It is acceptable for a company or franchise or employer to want to protect a company's business interests.

The keywords here are "reasonable" and are there "proven business interests" that warrant protection.

You then need to consider:

  • The area to which the restriction will apply
  • Which activities will be restricted
  • The duration and the entity to whom the restraint applies

Review our guidelines on how to go about drafting your legal agreement.

Continue reading "When is a Restraint of Trade Enforceable?"

Mar 22, 2019

How Do You Get Copyright?

© on search key

The “right to copy” in work you create is automatically yours!

  • You have the say in how the work can be used
  • You have the right to benefit commercially
  • You have legal recourse if anyone infringes on your rights

There are a few exceptions e.g. work created in an employment situation or commissioned work, where the copyright may not be yours.

Continue reading "How Do You Get Copyright?"

Mar 20, 2019

Making a Living Will

doctor with stethoscope

If it is important to you to direct whether you wish to:

  • Have your life prolonged (or not) by artificial means
  • Allow blood transfusions
  • Donate your tissues or organs etc.

... then you need to make these wishes known whilst you are of sound mind.

We provide a free Living Will template to assist you in drafting this important document.

Continue reading "Making a Living Will"

Mar 18, 2019

Non-Solicitation and No-Competition Agreements

employee solicitation

A company's assets go way beyond tangible goods!

There is substantial value in a company's client list. Equally, its employees often represent a major financial investment on the part of the company, e.g. sourcing, training, etc.

The purpose of a Non-Solicitation agreement is to protect those assets against unfair advantage from a competitor.

This may happen when an employee leaves the company and by soliciting fellow employees will not only gain from their experience, but will also have access to any confidential information that they may have.

An ex-employee may also attempt to solicit business from a company's customer base. Knowledge of the company's pricing structure, suppliers, marketing plans etc. will constitute an unfair advantage to a former employee.

Having a Non-Competition and Non-Solicitation Agreement in place is vital to protect these assets!

Continue reading "Non-Solicitation and No-Competition Agreements"

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