What Are Professional Corporations

Many professionals are barred from forming limited liability companies or basic corporations for their practices. Instead, there only option is often to form a professional corporation.

When it comes to business entities, there are many forms a business can choose from. For certain professions, however, states restrict the choices because of a public policy. This policy boils down to the idea that professionals should not be able to escape personal liability if they fail to perform properly. For instance, a doctor or lawyer should not be able to hide behind a corporation if they fail to provide competent services.

In many states, the only business entity available to a professional is a -professional corporation.- This corporation is a hybrid business entity that is created by state law. Every state handles the issue differently, but there are some general aspects that almost always appear.

With your average professional corporation, the shareholders usually must all be licensed in the field of services being rendered by the corporation. For instance, a professional corporation offering medical care can only have licensed doctors as shareholders.

Another twist to the professional corporation is limited liability. Simply put, the corporate entity provides no protection for the professional against claims he or she rendered the services in question in a tortuous manner. For instance, an incorporated surgeon who is accused of malpractice during a surgery will receive no liability protection from the professional corporation. He or she is personally liable as a matter of law if the plaintiff is successful in bringing a claim.

So, why would anyone form a professional corporation? The primary reason is the entity does provide a liability shield against all disputes not arising from the rendering of services. If our incorporate surgeon has someone slip and fall in his office, the person cannot sue the surgeon personally. Instead, the professional corporation will provide liability protection.

So, who must use a professional corporation? Well, the answer depends on the state you are in. Some restrict the entity to doctors, lawyers and accountants while other states go much further. In California, for instance, doctors, lawyers and accounts are on the hook but so are shorthand court reporters, marriage therapist and architects to mention only a few. You should check the requirements in your state if you are a professional considering incorporation.

All and all, professional corporations are often treated much differently than general corporations. Forming and running a professional corporation can be complex and should only be done with professional legal help.

Richard A. Chapo is with SanDiegoBusinessLawFirm.com – providing California professional corporation formation services.

Economic relationship between foreign married couples resident in Italy

This article deals with the issue of the choice of law ruling the economic relationship between foreign married partners who are resident in Italy. The Italian law 218 of the 1995 reforming the international private law determines the field of application of the Italian jurisdiction and the criteria to individuate the applicable law.

Concerning the economic relationship between married couples, if they have the same nationality, the common national law of the two partners will be enforced. In case the two partners have two different citizenships, it will be enforced the law of the state where the marriage predominantly takes place.

The Italian law offers a further opportunity: The two partners may agree in a written form that their economic affairs will be regulated by the law of the state of which at least one of them is citizen. Such a choice has to occur not only in written form but also at the presence of an Italian notary public. In case the choice will fall on the Italian law it’s important to explain the way the Italian law regulates economic relationships in reference with the purchase of real estate properties. The general principle is the one of the legal communion; as a consequence if two married partners will buy a property it will belong to the both of them in equal proportion.

An alternative possibility would be the separation of goods, in such case it will be possible to register to property in the name of just one partner. Summarizing, if a foreign married couple will decide to regulate its economic affairs according to the Italian law, they will have to do it with a public deed at the presence of an Italian notary public. In such context they will have the chance for a further possibility concerning the ownership of their properties; choosing either the communion, or the separation or even the trust.

Here are some examples of our services: We will help you negotiating the terms of the offer. Instructing a lawyer from the early stages of your real estate transaction can often lead to a reduction of the price of the property. We will draft or examine your -Reservation Offer- (proposta irrevocabile d’acquisto- If requested we will appoint a local land surveyor (Geometra) to carry out preliminary structural survey of the property. We can also liaise with the Geometra in order to give you an answer to all your questions on the property. We will draft or examine your -Preliminary Contract- (contratto preliminare)

Priya Singh wrote this article on behalf of Legal Consultancy Services. For more information on Online Legal Services, italian legal advice and real estate law tips for visiting Legal and Property deals online you can visit detulliolawfirm.com

Government Forcing Isps To Block Torrent Sites – Will This Work

The legislation of protecting copyright is valid in the sense that a copyright owner does not want their work to be reproduced and redistributed on the internet without their permission. One of the forms in which copyright is violated is through torrent sites. Governments around the world have considered forcing the ISPs to block popular torrent sites to try to limit copyright infringement, but will this actually work?

First of all these torrent sites do not have any illegal content on them. Think of them as the search engine for torrents. One may find illegal files on a torrent or legal ones, but the files are not on those sites at all. This would be blocking access to those files. There is somewhat of a fallacy in this thinking of blocking sites because Google, Yahoo, and Bing have links to illegal torrents as well. Would ISPs block search engines too? If search engines still existed, which they would, torrents to illegal files will still be found. While it’s not something that most people might think about, it’s true that these types of files are found with a search online.

Secondly, people who really want to use those sites that are blocked will just use proxies. This is what many do in China where the government blocks most of the internet. A proxy can go around artificial blocks and access content.

If these methods didn’t work, people sharing illegal files would just find another method. Peer to peer movie sharing dropped considerably on torrent sites because streaming movies is just easier. If one could not get a movie through a blocked method the internet leave 1000 others meaning the person who wants illegal content will just do something else.

While the heart of the matter is in the right place, the concept of blocking a group of listings to stop piracy is a bit short sighted.

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My Thoughts On The Professional Darts Corporation

The PDC (short for Professional Darts Corporation) was originally formed in 1992 after several leading darts players formed a new breakaway group to rival the BDO. They were unhappy with the way the game was being run with dwindling sponsorship deals and fewer and fewer tournaments being broadcast on TV. This organisation has of course grown dramatically since that time and it’s now well and truly overtaken the BDO in terms of entertainment and quality.

Indeed the BDO is now a sad and tired looking organisation with many of it’s top players having left to join the PDC in recent years. The likes of Raymond van Barneveld, Mervyn King, Gary Anderson, Simon Whitlock and Mark Webster are now earning a lot more money playing in the PDC tournaments.

It’s a shame because I have a lot of affection for the BDO and still enjoy watching the World Championships and the Masters, but the fact is that most of the players are attracted to the money that’s on offer by the PDC. This is understandable of course, but I would much prefer to have a single code where the players from the BDO and PDC play in the same competitions all the time, but I think that is very unlikely to happen.

One thing I don’t really like about the PDC is the type of crowd it attracts. I’ve attended both BDO and PDC tournaments and I have to say that I don’t really feel comfortable sitting amongst a crowd of drunken idiots, which is basically what you get when you attend most PDC events. Of course there is beer and merriment in the BDO events, but it is a much friendlier atmosphere and the people who are there are usually genuine darts fans who are there to watch the darts first and foremost.

Overall though despite it’s flaws, I am a huge fan of the Professional Darts Corporation. It is now hugely entertaining with many of the best players in the world all taking part. You have regular tournaments being shown on TV and with so many good players playing each other on a regular basis, the quality is improving all the time. Indeed 100+ averages are now a lot more common than they used to be.

It’s not perfect of course. The commentators can be slightly annoying at times and the walk on girls are a little tacky and unnecessary, but overall I think the Professional Darts Corporation should be applauded for making darts popular once more. If this group hadn’t been formed back in 1992, darts would probably still be stuck in the dark ages.