Category "Legal"

Let’s Understand What The High Risk Merchant Account Is

- - Business, Legal

High risk merchant accounts are basically merchant accounts or are payment processing agreements that would be perfectly fit for those businesses that are labeled as high risk. Such a merchant will basically be forced to pay higher fees, adding to business costs and directly affecting ROI and profitability. That is especially the case for those companies that ended up being re-classified as being a part of high risk industry. When something like this happens and you are not ready to deal with all the extra fees, bankruptcy is right round the corner.

UniBuls High Risk Merchant Account Solution Let’s Understand What The High Risk Merchant Account Is

The very good news is that there are companies that are specialized in offering services for the high risk merchants. Extra services are also developed for the industry like high risk merchant accounting by Payment Savvy. When you work with a company that has such a specialization, you gain access to faster payouts, highly competitive rates, lower reserve rates and much more. Everything is basically designed for gaining customers that have trouble in locating places to do business as they want to.

There are various businesses labeled as being high risk simply because of industry nature, how they operate and other related factors. As an example, all the adult businesses will be seen as being high risk operations, just like the travel agencies, collection agencies, legal gambling, bail bonds and various online financial institutions. Processing the payments for the companies will automatically involve a higher risk for financial institutions and banks. This will make the companies obliged to agree to the high risk merchant account, one that is special and that includes higher fees.

We have to see merchant accounts as being bank accounts. However, they will function in a similar way to the credit line that will allow the individual or company to receive a payment from debit cards or credit cards. Banks that offer merchant accounts are known under the name “acquiring banks”. Banks that issue the credit card for the consumer are referred to as being “issuing bank”. We also have a gateway involved in the processing cycle. It is basically the medium that will handle transaction information transfer from a consumer to a merchant.

What needs to be remembered is that payments that go towards the high risk merchant account will be deemed as being really risky as there is a high fraud possibility and there is a higher chance to be faced with reversals, refunds or chargebacks. As an example, when a person uses forged debit cards or stolen cards to make payments, that payment would be eliminated and fraudulent. Such situations are not common but the possibility to end up with chargebacks with collecting agencies, as an example, is much higher.

As the merchant applies for merchant accounts with payment processors or banks, various factors will be taken into account before the account is accepted or not. It is normally possible to work with the merchant account provider in order to get lower rates. Multiple quotes have to be requested before the high risk merchant account service provider is chosen so that all needs are properly met.

 

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How to Choose Insurance Company for Small Businesses

- - Business, Legal

Business liability insurance – or “commercial general business liability insurance” – safeguards a company’s assets in case of a lawsuit. It provides financial payments for any settlement or award assessed against the business, which may include legal defense fees.  It never hurts to have a good HR graduate on your team to help deal with the lesser issues though.

How to Choose an Insurance Company

The United States Small Business Administration provides advice about how choose an insurance company and policy. To find the best company for you, the agency recommends:

Shopping Around

Compare multiple companies’ policy options, meaning coverage types, premiums, and deductibles; to not only be able to see what options are available to you, but also to learn about the companies and business insurance practices in general.

May companies use the term “business liability insurance” as a general category for multiple types of policies, including disability, commercial auto, and general liability. Shopping around will help you understand what a company considers to be “business liability” and the different policies you may need to purchase to meet your insurance goals from separate companies.

Seeking Assistance

The SBA recommends obtaining assistance from a reputable, licensed insurance broker. This is because an agent can usually provide you with better rates and coverage types or options than if you shopped on your own. You can typically find licensed insurance brokers by searching on your state’s department of insurance website.

Other Factors to Consider

An insurance broker helps you by first assessing your business’ needs. This tells him or her policy type will likely fit your business and helps narrow down the companies to investigate. A broker is not affiliated with any specific insurance company and therefore can research policies offered by multiple companies. After finding several policies that fit your needs, the broker will present them to you and, after you make your choice, help you purchase the policy.

Additionally, investigate how a company determines risk. An insurance company determines the policy premium and other rates associated with a policy it writes based on the operations risk a company poses, and every company has different factors it considers in its risk assessment. Risk is based on the number of years the company has been in operation, number of employees, and past claims, the SBA explains. A company that has a significantly higher risk assessment than others may be factoring in something that other companies overlook, which may mean higher premiums and deductibles.

You might also consider investigating a company’s ranking. A.M. Best and Standard and Poor rank insurance companies using letter grades, as based on their financial strength, meaning their ability to meet their financial commitments. For company’s rankings, the higher the letter grade, the more stable and reliable the company.

Finally, investigate whether the company has had any complaints filed against it. The National Association of Insurance Commissioners allows the general public to search for complaints filed against an insurance company on its website. While one or two complaints may not raise cause for concern, a large number of complaints may indicate that the company does not have the best business practices.

Choosing Your Company

Choosing an insurance company for your small business is a personal decision, and one that is dependent upon the type of coverage you seek and your business’ needs. Carefully compare several companies’ policies prior to choosing one.

 

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Uber Prevents DUIs Across the Country

- - Legal

The fight against DUIs has become so serious in this country, which the creators of mobile apps have begun to get on with the cause. The new Uber App is one that has been used at the Dallas Cowboys football organization in order to prevent intoxicated players from getting behind the wheel. The app actually acts as an automatic dialer, which calls the local cab company to pick the intoxicated player up at their current location. This app has been hailed as not only a great effort for the league, but also a possible solution for areas that have a high DUI rate. Of course, it is not going to be easy to encourage some people out there to willingly put an app on their phone that measures whether or not they are intoxicated.

In the cases where someone chooses to drink and drive, there will likely be the need for DUI and Criminal defense attorneys at some point in the future. These sorts of offenses can lead to major jail time, criminal convictions, fines and an inability to find work in the future. Having a DUI makes someone appear as if they are irresponsible and reckless to many around them, particularly employers. With a good enough attorney it is possible to take on the DA and attempt to have the charges lessened or dropped altogether, but with continued reckless behavior involving alcohol, there is a good chance that someone could end up in prison or worse.

With the use of apps like Uber becoming more main-stream, it could be possible to make the roads safer from drunk drivers. Of course those who have a drinking problem would need to ‘opt-in’ in order for these programs to be effective. The courts could begin requiring these apps be used when someone is convicted of a DUI, much like a Breathalyzer. If everyone began to value their life as much as the NFL values the lives of their players, there is a very good chance that the road would be a safer place to be.

The number of DUIs currently occurring in the United States in 2012 alone totaled more than 10,000 people. With the number of fatalities this high, the number of DUIs occurring has gone from being a problem to being an epidemic. If the use of Uber can begin to prevent deaths on the road, it should be marketed to the public en masse. Parents should begin requiring their children to use it if they want to continue receiving financial assistance from them, the courts should begin using it in DUI cases and it should be marketed on a national basis. With apps like Uber in place, there is a good chance that not only DUIs, but the culture around drinking itself will be transformed into something more responsible.

Should You Seek Legal Help As A Victim Of Personal Injury?

- - Legal

Untitled78 300x131 Should You Seek Legal Help As A Victim Of Personal Injury?Suffering a serious injury after an accident, owing to no fault of yourself can itself turn out to be a traumatizing experience for you. Besides, the physical and emotional injuries suffered, you also stand to lose a considerable part of your earning if the injury is too serious. You need to ensure that you’re rightly compensated for your sufferings. The rewards should include the medical bills paid by you as well as the loss of income you’ve had to suffer owing to your absence from work during the period of recuperation. No matter, how much emotionally drained you are, you have to make sure that you’re leaving no stone unturned to get what you rightly deserve. The battle ahead is tough and the skills of a lawyer might be required to make the road smoother for you.

You might as well decide to do it all without an attorney’s help, but in that case, your efforts would be mired by “indefinite” delays in payment and risks of under payment. In an ideal situation, the insurance company of the offender should pay you every dime you deserve but that doesn’t really happen in reality. These companies, in a bid to push their profit margins, turn to every trick in the book to ensure that victim is not rewarded with what he deserves. It’s during these times that you feel the need to hire a lawyer who can study and present your case aggressively on court to ensure due compensation. Here’s more on ways in which hiring new jersey personal injury lawyer*- would benefit you.

Why Would You Seek Legal Help?

He has the due skills to negotiate with the insurance company. If your claims are backed by legal support, it becomes difficult for them to minimize the value of your claim.

There are many people who seek the help of these attorneys when they pursue a dispute claim. For instance, you might as well be offered a settlement that you believe is unfair. The lawyer, in this case, would help you to challenge this settlement in the court of law.

The personal injury laws are subject to several variations in accordance with states. Until and unless you yourself are a student of law it becomes difficult for you to understand the complexities.

Conclusion

Most of the attorneys generally work on a contingency fee basis which means that you won’t be charged anything before compensation recovery. So, securing legal help for settling these issues actually proves beneficial as well.

Make sure that you’re conducting due research before zeroing in on a lawyer. Do find out about his experience of dealing with cases like that of yours. Prepare a list of questions that you would like to ask him for determining whether at all you would avail his services or not. Some of the possible questions that you might ask him are:

  • Does my case have any merit?
  • Do you charge any consultation fee? Do I have to pay you even if I lose the case?
  • Would I be able to reach out to you as and when required?
  • Can you tell me about some of the cases that you have handled?
  • Please tell me about your clientele?
  • What kind of participation do you expect from me?
  • How can you promise me a better compensation recovery than others?

 

Consult at least five to six law firms before making a choice. Make sure that you’re asking these questions to each and every attorney before settling for a choice. Thus, keep your chin up and fight your way to victory.

 

When Should I Challenge a Will?

- - Legal

People are living longer than ever before, and a growing elderly population combined with their increased wealth means that there is the danger that vulnerable adults are being taken advantage of when it comes to the disposal of their assets. Suffering a bereavement is always difficult and it can be a particularly stressful time if you or another family member has been cut out of the will. There are many grounds on which you can challenge a will, and you should be aware of them all before you consider making it a legal matter.

Lack of Testamentary Capacity

A valid will must be made by someone who is of sound mind. They must understand that they are making the will and what the effect of it will be. They also need to be aware of the value of their estate and understand the consequences of including or excluding certain people. The will can be rendered invalid if the person who made it is suffering from certain illnesses that reduce their capacity to think clearly, like dementia.

Lack of Valid Execution

If the will is not in writing and signed by the testator or a directed person, it can be rendered invalid. The person who signed the will must be aware of what they were giving their signature to, and this must be acknowledged in the presence of at least two witnesses. If these witnesses have not attested and signed the will or acknowledge the signature in the presence of the testator, there can be legal consequences. There are also rules regarding who can and cannot witness the signing of a will.

Lack of Knowledge and Approval

In probate cases, it must be proved that the testator had knowledge of and approved of the contents of their will. This can be proved even if the will was validly executed and the testator was of sound mind. One instance where lack of knowledge and approval is relevant is when there is a substantial gift in the will to the person who helped prepare it. Contesting on these grounds has more to do with suspicious circumstances than medical incapacity.

Undue Influence

This covers things like coercion or the testator being under duress when the will was made. You must provide evidence of a very high standard to prove undue influence, and exclude every other reasonable theory that might explain the contents of the will. These cases can be difficult to win, but if you get in touch with a specialist legal team like Will Claim Solicitors, you’ll stand a better chance of success. 

How Do I Know If I Have Suffered Whiplash?

- - Legal

To know if you have suffered whiplash, you first need to understand what the condition and its effects are.

Whiplash is damage caused to the muscles, tendon and ligaments in the neck by sudden movements that throw your head backwards, forwards or sideways. This happening causes the muscles, ligaments and tendons out of their normal movement zones creating stress and strain on them. If this was occurring in any other part of the body we would call it a sprain because that basically is what it is, a sprain in the neck.  Continue Reading

The Compact Guide to Contesting a Will

- - Legal

Although the last thing you might want to be doing following a tragedy such as this is contesting a will, sometimes, it’s a necessary evil that you have to partake in.  When you lose somebody you love, the last thing you want is to have their last wishes spoiled, so ensuring the contents of their last will and testament is split accurately is essential.  Here’s why and how.

 

When to Contest a Will

There are a number of possible circumstances where you might feel like contesting a will is something you need to do.  There are logistical reasons like the will wasn’t signed in accordance with the laws of the state, and there are ethical reasons like the will was procured by fraud and the testator was unduly influenced into signing a will.  Even if you have a simple gut feeling that something’s not right, there’s no harm in contesting a will – so long as it doesn’t cause unnecessary damage and pain to other family members and friends.

 

Who Can Contest a Will?

The answer to this question is straightforward: any individual who believes they have a claim to a portion of a will which hasn’t been given to them is entitled to contest it.  Sometimes the estate of the departed will be part of the will itself, so all those who believe they have a claim to the possession of the estate are also entitled to claim.  Of course, not everybody will have the correct level of legal standing to challenge the status of the will, so you do need to make sure that if you’re going to contest you’re of the appropriate legal relation to the testator.

 

How to Contest a Will

Now that you know whether you’re legally able to contest a will, you’re now in a position to put in a claim.  The best way to do this is with a Solicitors Firm like WillClaim Solicitors who have a large amount of experience in challenging wills. The process itself is never going to be easy, and it could be emotionally draining, but at least you know that by using professional, specialised solicitors that you’ll be having the last will and testament of your loved one honoured.

If you’ve been wondering about whether you’re able to contest a will, you should now know whether you’re eligible.  So honour your loved one’s wishes today and contest their will.

Skye’s Law Penalties & Defence Information – Go To Court

- - Legal

Skye’s Law – Police Pursuit and Reckless Driving in New South Wales

What is Skye’s Law?

The New South Wales government introduced new laws in 2010 following the death of 19 month old Skye Sassine in Sydney.  Skye died when the vehicle she was travelling in was hit by a man leading police on a high speed pursuit.  Following this tragic death there were calls for tougher penalties on people who lead police on dangerous pursuits.  These new laws became known as Skye’s Law. Continue Reading

Should limited company contractors take a salary?

- - Legal

Both existing contractors and those looking to work on a freelance basis for the first time are increasingly investigating whether setting up a limited company and operating through this would be the most beneficial process for them.

However, it is important to remember that this option will not be open to you if HM Revenue and Customs (HMRC) decides that you fall inside the IR35 legislation.

This ruling was designed to prevent the situation where salaried employees were being listed as company directors and therefore paying minimal tax and National Insurance (NI).

As a result, HMRC now decide on a case-by-case basis whether you are inside or outside of the legislation and this revolves around its definition of ‘self-employed’ – something which isn’t readily available.

Therefore, it is difficult to know where you stand, broadly speaking, if you decide when, where and how you work, you are likely to be considered to be outside of IR35 and will be free to operate as a limited company contractor. Otherwise, you are likely to fall inside the legislation and should then consider utilising the services of an umbrella company as an alternative.

As the director of a limited company, you can legally divide your earnings as a contractor between a salary and dividend payments. Although the salary will be taxed and subject to deductions just like a regular full-time employee, you will pay a lower level of tax on dividends and will make no NI contributions on these amounts.

Although there is no legal requirement to take any sort of salary at all from your company, choosing not to is likely to raise the suspicions of HMRC and you could well find yourself under investigation.

Dominic Haslam, a senior manager in the taxation division of Deloitte, told Contractor Calculator: “It’s not so much a question of whether you make the salary very high, or very low, as it is whether or not you are securely outside IR35.

“The result is that, if you are outside IR35, then you can take as much or as little in salary as you want, but you should review the matter with a professional.”

For this purpose, you should look to utilise an accountancy services provider such as PayStream.

The vast majority of contractors ensure that they at least take the national minimum wage as a salary, as while this will minimise your tax burden, it does mean that you also make some contribution to NI.

Indeed, it is also possible to list a spouse or family member as an employee of your limited company, which some contractors like to do to ensure their NI contribution is also covered. If you are planning to do this, make sure you’re aware of the settlements legislation – something else that an expert will be able to help you with.

However, the benefits of limited company contracting are not limited to paying yourself a minimal salary and an accountancy services provider will be able to advise you if it will be more beneficial for you to withdraw a higher salary.

This enables a greater degree of flexibility in pension scheme payments, as tax is already paid on the salary and so the money can be added to tax-free pension schemes easily.

 

The Top 5 Ponzi Schemes in the United States

- - Business, Legal

A Ponzi scheme is a way for a person who claims to be investing money for you turn around and pays previous investors and not from the profits of the company or stock. The SEC defines investment fraud as “Investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors.”  This is exactly that the top 5 Ponzi schemes have in common and in today’s article we will be discussing them.

What are some of the top Ponzi schemes?

The first Ponzi scheme ever to make the news was started by a man names Charles Ponzi.  His rouse started with the promise of doubling their profits in 90 days.  He thought by buying a kind of stamp in Italy then cashing them in here in the US for more money would make him a lot of profit.  It did not work out the way he hoped, but he never told his investors that and kept bilking them out of money to pay off the older investors.  Finally after a long time of stealing money the media and local enforcement took notice, but it was too late for many, 6 banks had to be closed and 20 million dollars were gone from investors.  Next, we have the Bernie Madoff Ponzi scheme.  This is a man who was under the radar for over 50 years, using his company to mask his Ponzi scheme. He would take new investors’ money to pay off his original clients and even went so far to make up fake investment reports for years so no one would suspect anything.  His own sons ended up turning him in and losses were totaled over 18 billion dollars.

Are there anymore examples?

In the 1980’s a company named David& Company bilked 200 millions of dollars out of investors and eventually he did return 120 million of the money.  He pretended to sell commodities and stocks and the reality of his scheme hit a lot of business people from California hard and many lost all of their money in this scheme.  He was sentenced to 20 years in prison, was paroled after 10 and died in 1999.  Next, we have the James Davis Rasher who took 21 million dollars from unknowing investors from 2007 to 2010. He had many operations over the United States, and many were FINRA registered. He had previously been convicted of securities fraud twice. Because of this crime he was ordered to spend 20 years in prison.  Lastly, we have Scott Rothstein, who was a lawyer and was CEO of Rothestein Rosenfeldt Adler law firm which took over 1.4 billion dollars from investors to help pay for the older investor fees instead of investing them the right way.  He was sentenced to 50 years in prison, even though the prosecutor only asked for 40.

Stealing money through Ponzi schemes has been happening for many years and I hope these stories can show us what to look for in a bad investment.

If you ever fall into a investment fraud dont fight the battle alone, get professional advice from investment fraud lawyer like Timothy j O Conner to ensure you have a good chance to recover your investment.

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