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CIA Business Organization and Independent Contractor Agreements

   

Added on  2019-09-23

4 Pages1230 Words326 Views
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This requires that you use the memo format provided and that you research both issues requested:the most appropriate form of business organization to meet the client’s needs and the requirements for an agent to be deemed an independent contractor and not an employee.The memo below is from your supervisor. Read the memo and respond according to the instructions provided.Research two areas of law and prepare a memorandum addressing each area, so the client can be properly advised on how to proceed. oFirst, determine the limitations of a nonprofit corporation in the state of Delaware, the state in which CIA was formed and is doing business. oYou should also review the law for nonprofit and for-profit corporations, as well as limited liability companies, to determine the best form of business for the client. oConsult the listing of Delaware statutes on the Delaware state website at http://www.corp.delaware.gov/DElaw.shtml toassist you in your research.oFor more general information concerning nonprofit corporations, for profit corporations, and limited liability companies, the following are additional websites that can assist you:http://www.law.cornell.eduhttp://www.freeadvice.comhttp://www.findlaw.comhttp://www.nolo.com/legal-encyclopediahttp://www.hg.orgCombine this information with what you know about business organizations and what the client wants, so you can make a recommendation for the best form of business organization for CIA at this time. The second issue concerns the contract that CIA has its instructors sign. (The instructors teach the programs and grade the student’s papers.) You’ll need to review the law dealing with employment and independent-contractor agreements to determine what the contract needs to include to be properly
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viewed as an independent contractor agreement and not an employment agreement. Research employment and independent contractor agreements online. A general search using these terms in the websites listed above or Google, Yahoo!, or any other search engine should assist you in finding the law dealing with these types of agreements. Since the agreements will be signed by the client’s instructors located in each state use the general law dealing with such agreements. In your memorandum, please be sure to identify each of the key elements necessary for the agreement to be viewed as an independent-contractor agreement and not an employment agreement, as well as any other suggestions you might have for the client in connection with their instructor contracts. An ethical issue may also need to be addressed here. If you determine that the instructors are really employees but he wants you to prepare independent-contractor agreements, knowing he will just file for bankruptcy later on if he is audited and owes back taxes and penalties, what are the ethical implications for you and for the CEO of CIA?It’s suggested that you first locate the law for each of the two issues. Then, you need to analyze the information you found and apply it to the needs of the client. Both your research and your analysis should then be summarized and included in your memo. Do not use too much legalese in the memo.You’re writing it to your supervisor, and you would expect him or her to have some knowledge of the subject matter.You must completely explain what the law is for each type of business organization you’re considering and the reasons you’ve selected one type of business organization as best for your client.The same complete explanation is required when discussing the issue of your client’s independent contractor agreement.Include a reference page that lists Web sites, journals, or any other references used in preparing the submission. If you use someone’s words or ideas, you must cite them directly in your memo.Use the following format for your legal memorandum:To:From:
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