Month: February 2019
What’s so important about how I sign my name?”
I get asked that question all of the time from my business consulting clients.
I tell them that a better question to ask me is this:
“Who cares about how I sign my name?”
The answer is a simple one.
NOBODY.
FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).
As in many areas of the law, the exception to the rule swallows up the rule!
What do I mean by this?
Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.
In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.
FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.
You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.
You MUST avoid signing your name in your individual capacity.
And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.
In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.
SIGN AS AN AGENT OF YOUR BUSINESS
If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.
For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in
EXAMPLE 1 below:
EXAMPLE 1
(signature)
————————
John Doe
“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”
EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.
And not as an agent on behalf of your business.
If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.
And you likely don’t want to do this!
Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.
If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.
Remember then:
Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.
“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?
What simple step can I take to protect my business, and my personal assets as well?
SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS
Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.
How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?
Follow EXAMPLE 2 below:
EXAMPLE 2
ABC CORPORATION, INC.
(signature)
———————————–
BY: John Doe
President (Company Title)
If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.
But you MUST follow the Example 2 precisely.
CAVEAT: Another very important point on this topic.
AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.
A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.
How?
Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.
But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?
If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.
Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.
It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).
How else can I make sure that I am signing my name properly to all of my business documents?
Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.
Now, let’s review.
What’s in a name?
Well… besides your business…
…it could be all of YOUR personal and family assets!
The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.
Copyright (c) 2008. Miguel Mendez, Jr. All rights reserved.
If you want a legal high like that which you would get from club drugs, you can do so by using Mephedrone. You can buy Mephedrone legally right online with no questions asked and get the high that you are looking without having to worry about getting caught with illegal drugs. If you are into the club scene and want to find a way to get the high you get from club drugs, which are illegal, in a safe and legal way, then you can do it with this product that is marketed as plant fertilizer.
Because Mephedrone is a legal substance, there is essentially no problem if you want to buy Mephedrone. Although the product is sold as a plant fertilizer and there is a label on it that says that it is not for consumption, you can get around the drug laws by using this product that works much like an amphetamine. Instead of taking the risk of buying illegal drugs or getting caught with them, which can end up landing you in jail, you should make it a point to obtain legal substances that give you the same hallucinogenic feeling.
There are many legal highs that you can get when you shop for them in the right places. The best way to shop for Mephedrone is to buy Mephedrone online. This way, you can get the product delivered discreetly to your door. You can also be sure that you are getting the right product when you choose to purchase in this manner.
Head shops online sell different types of products that are comprised of legal substances that are not under mandate by the federal drug laws. These substances can produce the same effects as some of the illegal drugs that people use, but without the risk of spending time in jail for possession. In addition, because these drugs are made from legal substances and readily available, they are cheap. If you buy Mephedrone, for example, you will find that the price for this substance is a lot less than what it would cost you for a similar, illegal drug that produces the same altered state of being. Many people who want to use club drugs in a recreational way are using Mephedrone for this purpose.
Legal weed and legal highs are widely available online. Many sites even offer same day shipping and have the product delivered right to your door. If you are in the habit of looking for street drugs, you have a safer alternate when you choose legal substances that will give you the same thrill but without the risk of breaking the law. You can stay within the current drug laws in this way and still enjoy yourself at parties and clubs by getting products such as Mephedrone, divinorum, legal weed and bud and many other products that act in the same manner as drugs like cocaine, LSD and ecstasy. What’s more, because they are legal to have on your person, you do not have to worry about a drug bust if you are caught carrying them around or purchasing them.
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Working as an attorney can be fascinating, monetary-friendly and captivating. On the other hand, they can also experience feelings of extreme regret, strain or disengagement after dealing with criminals throughout a long career. Of course, the drawbacks and the benefits will vary dependant upon the individual themselves. There are many people who are unsure if this is really the correct career path for them until they have already made it through law school at which point there is no real hope of turning back.
It is very exciting being a lawyer. If you are a criminal attorney then you will be involved in intricate cases with a lot of highbrow sparring. People who like debating, high-stake scenarios and drama, a career in law will be very fulfilling. Defending your case against a qualified legal professional is often quite engaging and entertaining.
Although some forms of law may not appeal to certain individuals, another wonderful thing about a career as a lawyer is that since our legal system is so intricate, there is a myriad of types of law that one can practice. As an example, there is even such a thing as an entertainment lawyer, who works in any number of places within the entertainment industry. Additionally, as the additional benefit, a career as a lawyer promises one of the best paid jobs in America. A lawyer’s income is only rivaled by other incredibly high paid professions
Then again, this all requires hard work and can be quite exhausting. You have to be on the top of your game all the times given that you never know when an important case would pop up that might baffle you completely. The future is never certain, or even predictable, in this career. It can be hard; there is always the possibility of failure.
Some lawyers will inevitably become the victims of threats or violence. When an attorney takes on a case against a member of an organized crime group, things can get violent. Lawyers are sometimes faced with death threats unless they back off their prosecution. While these threats from crime syndicates are not always real, they can be very stressful to the lawyer and their family.
On the whole, the life that a lawyer leads is very exciting and his job is extremely lucrative from a monetary point of view. Having said that,it is definitely not for faint of heart or those that cannot cope with the stress that comes along with the job. Therefore, prior to taking out massive student loans for law school, make sure you know this is exactly the career you want.
Before 1969 bat manufacturing was a pretty straight forward affair. That all changed when Easton released the first aluminum bat, a radical change in technology that launched the little known company into the limelight. Since then Easton has continued to innovate, with each item in their complete line of fastpitch softball bats, gloves and bags reflecting the careful consideration they give to functionality and technology. Their exclusive, patented technologies such as Carbon Nanotube (CNT), Vibration Reduction System (VRS) and Visual Composite Technology (VCT or Clarity), just to name a few; raise the bar in both functionality of a fastpitch softball bat and integrity of the game.
The Easton Clarity models, in particular, bring to the game a new era of bat integrity and performance. Its well known that once these composite bats are fully broken in they become more flexible and give more pop when hit. Although this is great for the individual user, it provides an unfair advantage in competition and is not allowed in league play. To counteract this, the various governing boards have set guidelines for bat usage; but until Clarity, there was no way to tell when a bat has been used beyond its legal limit. Clarity is an ultra-thin see through layer that encases the surface of the bat. This layer will start to develop tiny white cracks along the surface as the composite material starts to break down. By the time the bat is beyond legal usage it will be completely white, making it easier for Umps to determine the eligibility of the bat, thereby effectively maintaining the integrity of the ball game.
Of the Clarity models, the 2009 Easton Stealth Clarity is the most popular fastpitch softball bat around, and for good reason. The bat features ConneXion, the patented 2-piece technology that acts like a hinge and provides the most efficient energy transfer from handle to barrel. Also featured is CNT, a composite material that delivers both strength and flexibility, effectively lengthening the sweetspot. This combination of ConneXion and CNT make for a fast swinging bat with maximum head speed driving power into one of the longest hitting zones.
Another popular option is the Easton Synergy Clarity. This Easton fastpitch softball bat is also made of CNT, giving one of the longest hitting zones, but also features VRS (Vibration Reduction System) which eliminates vibration from hitting, making this one of the most comfortable bats to use. The Easton Synergy Clarity complies with all bat performance standards including ASA, USSSA, NSA, ISA, SSUSA, and ISF. Unlike the Easton Stealth Clarity, the Easton Synergy doesnt use ConneXion technology, delivering peace of mind to those who worry about breakage.