Business Law and Regulations

The present report highlights the necessity for businesses to adhere to government-made laws and regulations to maintain a lawful and legislative environment. It covers topics such as employee insurance, self-employment, business registration, and legal principles in business organization. The report also emphasizes the significance of confidentiality in maintaining trust and resolving conflicts within business environments.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
1.The nature of different sources and the different stages that need to pass the bills ...............1
2. The impact of a decision on a business on the status of employee need to be addressed.....2
3. Report explaining the procedures needed to be followed to register a company....................3
4. Drafting an arbitration clause..................................................................................................5
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7

INTRODUCTION
The government has formed rules and legislation which has to be followed by the
organisations. Rules and legislation are been made to have control of the government on firms. It
is essential to be follow to maintain environment of the firm in which people are working. It
decides certain boundaries how to run the firm . Present report describes about the roles and
impact of legal system on the business. Lawful solution to solve legal problem faced by firms
has also been discussed. Moreover, legal solution based upon alternative ethical advice has been
discussed below in the present report. 1 . Nature of different sources and diverse stages that need
to pass the bills
The potato council has to look after competitiveness and sustainability of potato in UK.
Council has major function which also includes promotion of potatoes to consumer. Council
gives advice to the industry as well as to the government in concern to legal laws. The council
has launched publication by the name of POTATO WEEKLY (Lieberman and et. al.,, 2016).
Council use to visit various fair. The council look after health benefits of potatoes.
The basic rules and regulation has been made by government which are essential to be
followed by industry. Many rules and regulation has been made, according to functioning of the
industry rules has been implied on it . Council has to follow all guidelines that have been
provided by the state to them. Proper procedure has been built to function according to that. If
proper procedure is followed than only bill is been passed in the parliament. All members in
parliament look after followed procedure and then passed the bills. If bill gets approved by all
members then royal assent is received by parliament. This all stages have been clear then bill is
passed and it becomes the law and known as act (Bodie, 2013 ). There are three stages through
which bill is introduced in the parliament. First stage is reading in which no debate is done on
bill. Modification in bill cannot be made at this stage. Second stage is committee stage in which
line by line and in detail members go through bill . Third and last stage is reporting stage where
bills are discussed. Professional lobbyist is also involved in discussion which influences
regulation and legislation.
Many vital payments were surpassed inside parliament with energetic involvement of
lobbyist and it has supported for making legislation for protecting and securing rights of
employees (Harner and Rhee, 2014). Professional lobbyist play a critical in making legislations
and policies for the welfare of different human beings and it also allows for ensuring safety of
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humans that are working in diverse wide variety of company throughout the state . Arguments
are achieved for specific rules in selection making our bodies. It is required that humans should
involve inside technique for making legislations so that growth of the country may be ensured .
2. Impact of a decision on a business on status of employee need to be addressed
Cooks have been provided the work and cooking has been displayed at fairs in whole UK
by the council. Council put specific condition that cook should be self employed. There is a
difference between employed and self employed (Ebert and Griffin, 2015 ). People who are self-
employed are not provided any insurance if corporate liquidation and bankruptcy happens.
A self employed character is engaged in exchange and enterprise as a sole owner, self
employed humans also works as an unbiased contractor. If someone is member or associate in
any enterprise firm than additionally he's defined as self employed . If a self enterprise is
operated via a person than additionally he is considered as self employed. Element time business
achieved with the aid of a person also comes within category of self hired enterprise. Folks that
are operating underneath any company aren't included in class of self employed and they're
protected underneath the unemployment insurance if any financial ruin occurs and corporate
liquidation occurs (Davidson, Forsy and Knowles, 2015).
If we talk about the self employed people are not included beneath the unemployment
coverage schemes. Rights of employees receives affected by behind schedule charge of coverage
and contribution paid via him/her to employer, but rights of self hired person does not get
affected as no contribution is paid by them to corporation of employer. Employees are
chargeable for reporting to the control of agency and agency. Self employed humans aren't
answerable for reporting to any unique business enterprise or organisation (Fenwick, 2014).
Furthermore, it's far critical that self employed people should sign in themselves at
countrywide insurance institute and that they pay insurance contribution via themself without
any help from the corporation. If tribunal offers choice that the personnel are hired than the
council owe some liability in direction of tribunal. Further , to that there are some unique
liabilities and responsibilities which might be hold via cooks when they turn out to be self
employed. As in keeping with the vicarious liability corporation is responsible for wrong doings
and errors committed through personnel. If and damages and losses are sustained through the
company than due to that employers will become prone to pay for damages that have been came
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about because of mistakes carried out by means of team of workers participants (Stemler, 2013).
If within the present case employee are made liable for mistakes which are made by them.
Moreover , it is important that the employee get themselves register in national insurance
institute and the contribution to insurance premium. It will become essential to pay for the
insurance. Employee should pay their PAYE bill to HM revenue department .The elements that
includes PAYE bills are employee income tax deduction, national insurance of class 1 and 1 B.
Loan repayment, deduction in construction industry schemes. Employee council need to pay HM
revenue and custom class 1A national insurance on work benefit that is given to employees.
There are some responsibilities and liabilities of employee that has to be fulfilled by employee. If
any damages made by the employee that he/she is liable to pay for the damages to firm. If cook
is considered as self employed than he will be responsible to pay for damages made by him/her
in fair.
3. Report explaining the procedures needed to be followed to register a company
Fundamental requisite for a new business is registration of the firm. There are some basic
principles which need to be fulfilled by the firm such as director, executives , top management
etc. It is the primary requirement for registration of business so that t operation at the initial level
can be start. The directors have to be duly assists because they are one who will operate legal
firm. Certain organization need to be registered with federal government (Heminway, 2013).
However with some special requirements like product and services are referring to firearms,
tobacco, alcohol etc. Five step procedure is needed that has to be perused by concerned
individual of the agriculture experimental centre to register themselves as a free standing
business. Following are mention below :
 Selection of firms structure : There are many business structure such as sole
proprietorship, partnership, corporation and limited liabilities company Which is also
termed as LLC. It is important for organisations director to determine and select the
suitable structure for firm for further process incorporation with process of registration to
be done at state level or federal level. It is due to the fundamental documentation required
to be submitted for further procedure of registration.
 Select specific name for business establishment : it is another requirement that has to be
fulfilled by the director of organization that he has to select name for the business so that
particular name registration can be done . It is mandatory required because once name
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which is registered other person cannot select that same name for business. It is unique
so that each business can be identified by the specific name . Two business cannot be on
same name (Cheeseman, 2016 ).
 Registering with state : It is another requirement which has to be fulfilled by the director
that after selection of structure he/she has got it passed from the state government.
Application of approval has to be submitted by director of organisation. It can be
collected from secretary office of state from where business get their registration. After
that procedure is dependent upon the type of structure that has been chosen by director.
The supplementary documents with the application have to be submitted ( Allen and
Kraakman, 2016).
 Registering with Internal revenue services : IRS specify another requisition that EIN i.e.
employer identification number which is equal to social security number for every
business. This will help in future to fill all type of tax return forms for firm that will be
required after completion of IRS form .
 Obtaining license for business : It is last stage which is involved in getting licence for the
business to operate further in lawful manner. Type of licence which is required for
functioning of business depends upon type of business which is been registered. It is
stage where all legal procedure gets over and the finally lawful permission is given to the
director to run the business (Orlov, 2016 ).
This is upon role of the company director over here after whole procedure of registration,
they might consider allocating shares by together securing loans as a way of generating finances
to further develop their business. Directors are together considered as effective agents of an
organisation and are usually being appointed by investors to handle their day-to-day operations
(Ward, 2016). It is however on referring to an elementary regulation of an organisation where
directors must together act as an active committee member with some exemplary powers
delegated by board on individual level. Furthermore, role of an individual director is together
allied with their participation in board meetings. This is however to enable board members to
take some efficient business related decisions by which the stipulated obligations of company
can be completed on time (Appleman, Appleman, and Holmes, 2015 ).
The way of raising funds as a way for the raising business capital for the future growth
and development. It is the prime consideration from director of business . It is where they
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required realistic sense to have sufficient monetary funds to run an operative business by
together planning to raise fresh capital. Director may prefer to apply for the secure loans. With a
prime support to raise capital for business. There are many benefits when a firm is registered like
the other individuals can not make use of the name and sell different type of products. This is
type of act that is enforceable by law. Further, it becomes easy of the firm to get loans for any
banks. Further, there are different type of government policies in which registered firm can get
benefited. Further, it can also sue other firms due to reason of fraud.
4. Drafting an arbitration clause
This clause is in context of The Agricultural Experimental Centre where decision is made
to get into various commercial transactions. To carry out activity, they are trying to solve any
sort of conflict situation between them not inside premises of court. Rather, they are trying to
solve it out outside premises of court. Therefore, this process is of arbitration and for this
organisational structures are needed to outline an arbitration clause for it. It can be achieved by
14 conceptual steps which are defined below:
 For drafting clause seat of arbitration is foremost first stage in it, where rules for
procedure will be discover and observed to regulate consideration of arbitration.
 The second step is identification of number of arbitrators. For formation of arbitral
assembly total number of arbitrators will be decided (Coffee Jr, Sale and Henderson,
2015).
 Language is required to chosen in such a way that it is easily understood by everyone.
Language of arbitration defines selection of language in order to help everybody.
Members take final decision where translator could also be appointed for procedure. On
the other hand, when the language is not understandable by other, then it creates a issues.
 Another agenda is institution to make decision for supervision of arbitration by any
consultant of third party like an arbitral institute.
 When arbitration is formulated another consideration is made that governing law. On
arrival of any sort of disputes and conflicts governing laws of the arbitration clause will
come into existence.
There are several other options also available to resolve and settle disputes and conflicts.
In conflicts situation, it is essential to make sure that view from all the parties who are involved
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are considered, this is an effective strategy with the help of which issues that are being faced by
the individuals are identified. As per the observations made effective steps are considered. ADR
is one of them. It is an abbreviation for Alternative Dispute Resolution. It includes various ways
to solve conflicts and disagreement. It includes processes of negotiation and mediation. It also
includes collaborative law. It has certain benefits which are discussed below:
 It incurs less cost and is quicker in implementation and impact (Goldman and Sigismond,
2013.). Here, all the parties get an opportunity to represent their viewpoint. Hence, it is
cost effective.
 It is flexible in nature as it gives response to needs of individuals that are involved into it.
When need are identified, then it becomes favourable for people are they are able to
satisfy their requirements.
 Greater meaning is provided to individuals as they are free to discuss and share freely
with one another. Thus, it is informal in behaviour. This is a type of benefit that
individuals as they are able to share their views . This way they are able to develop
positive perception with their mind.
 Confidentiality is maintained. It focuses on decreasing situations where conflicts may
arise with aim of maintaining long term relation. When confidentiality is maintained, then
it favourable enough to raise the trust that individuals have on resolving the situation.
CONCLUSION
Present report concludes that it is necessary for the firms to follow the rules and
regulations made by the government to maintain law and legislation . It helps to regulate
working of different forms that are running in the country. It has been the control by the
government on business. The bills are to be passed by the parliament with the major procedure
that has to be followed. Difference between the employees and self employed can also be seen.
The employees insurance is paid by the employer where as the self-employed paid for himself.
The registration of business is also mandatory to get licence and it has certain procedure that has
to be followed by director of company to get for initial start of business . It is essential to make
sure that all the laws that are included should be satisfied or else it is enforceable by law.
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REFRENCES
Lieberman and et.al., 2016. Business law and the legal environment.
Bodie, Z., 2013. Investments. McGraw-Hill.
Harner, M. M. and Rhee, R. J., 2014. Deal Deconstructions, Case Studies, and Case Simulations:
Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional
Law.
Ebert, R. J. and Griffin, R. W., 2015. Business essentials.
Davidson, D. V., Forsythe, L. M. and Knowles, B. E., 2015. Business law: Principles and cases
in the legal environment. Wolters Kluwer Law & Business.
Stemler, A. R., 2013. The JOBS Act and crowdfunding: Harnessing the power—and money—of
the masses. Business Horizons. 56(3). pp.271-275.
Fenwick, M. ed., 2014. Networked governance, transnational business and the law. Springer.
Heminway, J. M., 2013. Teaching Business Associations Law in the Evolving New Market
Economy.
Cheeseman, H., 2016. Business Law . Boston, Massachusetts: Pearson Education.
Allen, W. T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Orlov, V., 2016. Introduction to Business Law in Russia. Routledge.
Goldman, A. and Sigismond, W. D., 2013. Cengage Advantage Books: Business Law: Principles
and Practices. Nelson Education.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Appleman, J. A., Appleman, J. and Holmes, E. M., 2015. Excuses for Nonpayment and Defenses
to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
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