Business Law Impacts All Aspects of the Commercial World

The generic term “business law” covers every aspect of commercial interactions today. In its broadest sense, the term can be defined as the group of laws, regulations, and practices that apply to commercial entities such as companies, corporations, and partnerships. These statutory requirements involve the entire spectrum of interactions from forming a new enterprise, negotiating contracts, arranging financing, meeting all government requirements, and any other topic or activity that impacts, directly or indirectly, the operation of a business.

In this highly specialized area, the legal practitioner has to have a broad spectrum of knowledge in order to represent the interest of his or her commercial clients adequately. It is easiest to view this type of practice from the life cycle of a business operation to understand its scope.

Starting a New Enterprise

One of the most important aspects of business law is how to set up a new corporation or company. The law of corporations, local licensure requirements, as well as dealing with contracts for the space that the company will occupy, all require various legal formalities to be met even before the doors can open for the first customers. Employment laws for employees have to meet federal and state requirements.

Financing agreements are an essential part of the stage of the business cycle. Legal practitioners will negotiate with lenders, ensure that all forms are filed properly with the Federal, State, and Local authorities, and help establish the necessary record keeping that may be required for that particular operation.

Day-to-Day Transactions

Once things are up and running, business law attorneys will be involved in many daily transactions. Handling the negotiations of contracts and representing the client in various legal actions that may involve issues of breach of contract, liability, and statutory violations are just some of the matters where lawyers in this field may be called upon.

As the company grows, concerns involving secured transactions, securities (stocks and bonds), SEC filings, and other related subjects would also become part of a commercial lawyer’s practice. As governmental regulations continue to become more complex, making certain that a commercial client is in compliance requires an even higher level of diligence from practitioners in this legal field.

Changing or Merging the Operation

One of the most dynamic areas of business law today is that of mergers and acquisitions. It is difficult not to look at the financial news without learning about the latest buy-out, merger, or hostile take-over of one company by another. At the heart of this activity are the lawyers who represent the concerned parties. In addition to involving the transfer of ownership and financial arrangements, it is often necessary to obtain government approval to complete the deal. It is no wonder that specialists in this area of the legal profession are highly sought after for their expertise.

All aspects of 21st-century commercial enterprise involve the application and practice of business law. Navigating the complex legal waters is best accomplished by the retention of a competent, experienced counselor who understands the legal complexities of running a successful operation today.

Becoming an English Solicitor – The Qualified Lawyers Transfer Scheme (QLTS)

English law is held in high esteem; London is among the leading legal cities in the world; and talented and qualified lawyers continue to seek to become English solicitors.

Job prospects are decent for lawyers in the UK and by becoming an English solicitor, you increase your employability. Once qualified, you will be able to practise law cross-border, finding employment in England, Europe and further afield in countries including Australia, South Africa and Russia. In addition, you broaden your professional knowledge, understanding and experience which similarly broadens your career prospects.

As a qualified English solicitor, you will be in a stronger position to offer your existing and future clients more legal services. As well as finding employment as a solicitor in England and Wales, your wider career prospects are enhanced when you gain the QLTS. You may choose to practise law in your home jurisdiction, in which case you will benefit from an improved professional track-record and marketability. Or work as an English solicitor in London. Or perhaps even find a role in an international law firm which has a base in the EU, and live and work anywhere in the world.

Whichever career path is right for you, being an English solicitor will bring you more business and greater financial rewards. And this is enhanced by the high standard of competence associated with newly qualified solicitors of England and Wales thanks to the method of assessment – whether you choose the fast-track QLTS route or the domestic route.

Under the existing Qualified Lawyers Transfer Scheme, the QLTS (previously, the Qualified Lawyers Transfer Test, the QLTT), international lawyers as well as barristers in England and Wales, are assessed to ensure they meet the necessary standards required to practise English law. Those admitted to the Roll of Solicitors of England and Wales through the QLTS have an even greater professional profile thanks to this high level of testing.

The QLTS training places international lawyers on a par with domestic lawyers, making for a more level playing field. The same standard expected of domestic lawyers is expected from overseas lawyers wanting to apply for the QLTS and lawyers who pass the QLTS have the same level of competence as lawyers qualified to practise English law through the domestic route.

Now is certainly a good time to become an English solicitor, as the financial implications of the recession start to ease and the employment markets open up once more. The QLTS offers two major improvements to candidates compared to the QLTT – there is the English language test and the removal of the experience requirement. These are both positive developments for international lawyers wanting to train as English solicitors.

As a result of these enhancements to the QLTS, more confidence is instilled in successful candidates. There is rigorous testing of all applicants’ practical skills as part of the course. This ensures no one experiences discrimination as everyone is treated the same and assessed to the same standard – although of course because the means of testing is objective, issues regarding ages and disabilities of candidates will naturally be taken into consideration. Candidates who meet the necessary standard will be admitted as a solicitor of England and Wales. Clients will therefore know that all qualified English solicitors, regardless of their route to qualification, are competent and have the professional knowledge, skills, behaviours and ethics needed to perform legal duties well.

The QLTS is an affirmative step for all international lawyers, and barristers in England and Wales, seeking to train as English solicitors. The system is fairer but equally stringent and allows only the highest calibre of lawyers to pass the QLTS assessments.

If you want to become an English solicitor, a big factor in determining whether you’ll pass your QLTS course is the course provider itself. Without excellent teaching, informative materials, a support network, and experienced staff to guide you through, passing will be more difficult. The QLTS School programme offers a dedicated approach to the QLTS assessments – and because it’s completely focused on the one test, students really benefit from an array of advice and support that is always available.

The QLTS School is committed to helping international lawyers become English solicitors. Our website has information for every stage of the process, from what you need to do to be eligible for the QLTS to applying for the course. There is advice about careers, the benefits of practising English law, and guidance for every step of the course.

With over ten years’ experience and thousands of international lawyers who have successfully qualified as English solicitors, the QLTS School has an excellent reputation and a high candidate pass rate. The QLTS course is comprehensive and convenient, and you will have all the materials you need to study – including distance learning courses, video and audio lectures, and access to the online study portal – and the freedom to study when it suits you. The study portal lets you communicate with other candidates, as well as access all the teaching tools including videos, audio and PowerPoint presentations.

Created by skilled legal professionals who have worked extensively with international lawyers and understand their needs, the QLTS School programme provides you with everything you need to pass your QLTS assessments and go on to enjoy an extensive career as an English solicitor.

Assigning Power of Attorney (PoA) With Confidence

Incapacity planning, ensuring that there’s a strategy in place if you ever become incapable of managing your affairs, is important.

We all know that. Yet, it’s uncomfortable to think about and therefore easy to put off doing.

A key part of incapacity planning is assigning power of attorney (a legal document giving someone else the right to act on your behalf), but it’s also the biggest hurdle. Giving extra thought to who you choose, and what powers they’ll be granted, can give you the peace of mind to complete your plan with confidence.

Choosing your lawyer

Choosing someone you trust to assign power of attorney is essential. Acting as your attorney involves significant duties and obligations. Your attorney’s overarching duty is to act with honesty, integrity and in good faith for your benefit if you become incapable.

The law lays out specific obligations for the person chosen to hold your power of attorney. Among other things, they will:

  • explain their powers and duties to the incapable person
  • encourage the incapable person, to the best of their abilities, to participate in decisions concerning their property
  • foster regular personal contact between the incapable person and supportive family members and friends, and
  • keep account of all transactions involving the grantor’s property.

The attorney or attorneys you choose to act on your behalf should know these rules, and be aware of other rules set out in the act as well.

For instance, they’re expected to ensure you have a will and, if so, know its provisions. The main reason for this is that your attorney must not sell or transfer property that’s subject to a specific gift in the will, unless necessary.

The act also contains explicit instructions regarding both required and optional expenditures. Examples of the latter include charitable gifts where an incapable person made similar expenditures when capable and so long as sufficient assets are available. Your attorney should also be familiar with rules covering how or when he or she can resign, what compensation they may be entitled to and the standard of care expected of them.

Safeguarding your estate

You can also build a second opinion directly into your power of attorney documents by appointing more than one person. If you name two or more people, they’ll need to act unanimously unless the document states otherwise.

A joint appointment provides a level of protection in that any appointed attorneys must agree on all actions, while a “joint and several” appointment grants flexibility, allowing any one attorney to conduct business independently.

Many people choose to appoint the same people or trust companies to be both their power of attorneys and their executors. Although you don’t need to do so, the same list of key traits – expertise, availability, accountability and trustworthiness – apply to both roles.

It’s also possible to limit the powers granted to your attorney. If you’d like your attorney to act only for a specified time period (maybe a vacation or hospital stay) or in respect of a specific transaction (the closing of a real estate deal), a limited or specific power of attorney is worth considering.

In the case of a general continuing power of attorney, many people want the document to be used only if and when they become incapable of managing their affairs themselves.

Although the document is effective when signed, it is possible to include provisions in the document itself that defers it to a future date or the occurrence of a specified condition (for example, the grantor has a stroke). These are sometimes referred to as “springing” powers of attorney.

Whichever way you prepare your power of attorney documents, careful consideration of who you choose as well as availing yourself of available safeguards will help ensure your confidence in your incapacity plan.

Common Mistakes to Avoid

  1. Making a quick decision: Many people name their PoAs without thinking about their choice’s financial capability, much less their ability to get along with other family members.
  2. Assuming family is always the best choice: It’s far more important to choose someone who truly has your client’s best interests at heart.
  3. Waiting too long: If there’s already a question of diminishing capacity, it’s likely too late to make a power of attorney ironclad.
  4. Not reviewing it: Changing life circumstances and new provincial legislation can make an old PoA invalid.

Plan for Incapacity

Your estate plan doesn’t end with an up-to-date will. It should also anticipate possible future incapacity, which usually means preparing powers of attorney for both property and personal care.

Power of attorney, a legal document that gives someone else the right to act on your behalf, has two main types: one for management of property, another for personal care.

Will and estate planners generally advise preparing both types of powers of attorney. While they are often prepared at the same time as your will, they can be created at any time.

Personal care

With a power of attorney for personal care, you can authorize someone to make decisions concerning your personal care in the event that you become incapable of making them yourself.

You can give power of attorney for personal care if you’re at least 16 years old, have “the ability to understand whether the proposed attorney has a genuine concern” for your welfare, and can appreciate that the attorney may need to make decisions.

Personal care includes decisions concerning health care, nutrition, shelter, clothing, hygiene and safety.

Property

A continuing power of attorney for property authorizes someone to do anything regarding your property that you could do if capable, except make a will.

The law says you’re capable of giving a power of attorney for property if you’re at least 18 years of age, know what kind of property you have, along with its rough value, and are aware of any obligations owed to your dependants.

The term “continuing” (sometimes called “enduring”) refers to a power of attorney that may be exercised during the grantor’s subsequent incapacity to manage property. Ensure the document stipulates that you want the power of attorney to be used only if you become incapable.

What you need to know

A continuing power of attorney for property is a powerful document. Unless otherwise stated in the document, it’s effective when signed, granting considerable power.

In fact, the act explicitly requires you to acknowledge this authority can be misused. And, as part of the capacity test for granting a continuing power of attorney, you must also acknowledge the property you own may decline in value if not properly managed.

A financial institution, land titles office or other third party presented with a continuing power of attorney for property with the restriction “effective only in the event of the grantor’s incapacity” will want evidence of the incapacity.

That evidence could be hard to get. One solution is to set out terms of use in a separate document and have all original copies of the power of attorney held by a trusted third party. You could, for example, direct that document be released only if:

  • You tell the attorney you want him or her to start acting;
  • You are legally declared incapable of managing your property;
  • One or more doctors advise that you’d benefit from assistance in managing your affairs; or
  • Certain family members advise the attorney should begin acting.

No direction could be costly

If you fail to prepare power of attorney documents, it may take an application to court before someone can be appointed to make decisions for you. That can leave you scrambling when you’re in no physical shape do so. Having a will doesn’t help because an executor is only authorized to act after you die.

On top of that, court processes can be both costly and time-consuming. Depending on the circumstances, the Public Guardian and Trustee may have to get involved.

You also lose the opportunity to appoint people or companies of your choosing and aren’t able to establish parameters regarding the actions of your substitute decision makers.

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