Custom Business Entities, Laws and Regulations Paper essay paper sample
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Business laws and regulations
The running and the management of a business might seem simple yet very complex. For one to set up a business or take up certain actions that have wide bearing implications, the decisions the managers make might either make or break the business. In so doing, the managers must consider the legal requirements and the impact the decisions they have to take on the business. A given business situation needs to be analyzed by objectively looking at the situation and not just on procedural conditions as but also on the nature of the situation as long as the decisions made are in line with the law and can produce the best results.
Considering the case of Lou and Jose who plan to open a restaurant, they are on the right cause but one thing brings them down. Opening the restaurant will require registration and other initial requirements such as the Employer Identification Number. The fact that they don't have the cash or sufficient funds to start up the restaurant shouldn't be the push factor to bringing in Miriam. This is because Miriam does not share the common vision of the restaurant and bringing her would water down the focus with which the business had. It might later bring in internal frictions when Miriam happens to disagree with Lou and Jose over the running of the business. Ownership will come in at the registration where Miriam will have to be included either as a partner or a shareholder. This is due to the fact that Miriam as one of the owners is entitled to participate in the running of the business and in so doing can influence the policy making. This explains why most businesses usually collapse or perform poorly when the founder is voluntarily or involuntarily forced to exit the running of the Business (Twomey, 2009).
Lou and Jose would do better if they sourced the capital from other sources such as personal loans i.e. debts instead of equity financing from individuals. The Board of Health must also certify the business so that they can be able to serve food and beverages.
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For the case of Frank who wants to open up an exter-mining business, the idea of starting up many business entities at the same time is not quite a good idea. The fact remains that incase of failure of the businesses he is likely to incur huge losses. He also needs to know that there are already established firms in the industry hence he needs to market the name of his firm before opening many branches. The best thing that Frank should have done is to open the entities one by one and only when the progress is on positive note should he proceed to expand.
For the case of Akiva and Tara who wants to open a birth clinic together it is not advisable to do that. This is because if given the go ahead they might not have the experience to offer superb services as they have newly graduated in the field. They might also experience managerial problems since they have never worked to a level of making critical decisions that a boss is to make. They would have rather seek to work under someone and practice so as to get the expertise of their profession. Another obstacle that is likely to render this business not possible is that they have to meet the inspection and the licensing requirements. To get this license would not be guaranteed as they are inexperienced in the field from the "eyes" of the United States Food and Drugs unit (Mead & Sagar, 2006).
Considering the case of Mel-lin, that has to do with hiring of managers. Focus is specifically on the jackhammer position. As much as the description of the job goes for a High School Diploma, various factors have to be considered. Eric for example can not just be disqualified simply because he doesn't have the diploma as he has the experience in working in the field. It can even turnout that he can perform better than those who have the diploma. Felipe is likely to be disqualified from the job as a jackhammer who can not communicate properly. Communication is a serious aspect that can not be downplayed when it comes to working as a jackhammer. Nick does not qualify for the job in any way. This is not because he is epileptic but rather the fact that he doesn't have the diploma qualification and has never worked as a jackhammer. Disqualifying him on the basis of epilepsy would be going against the Americans with Disability (ADA) Act that roots for non discrimination on job due to a given disability. In other ways Nick is Green on the practical and the theory that has to do with a jackhammer. Michele should also be considered since she has got both the qualifications and the experience. The fact that she could be pregnant shouldn't be an issue as she can still be allowed to go for maternity as provided by Maternity Benefits Act (1961) leave and come back after delivery as provided by the law (Balotti & Finkelstein, 2009).