Drug and Alcohol Testing Consortiums

A consortium is simply a group of independent businesses that join together for a common purpose. In this case, the intent is to provide an opportunity to satisfy the federal drug and alcohol testing laws. Heavy fines are imposed for those who are required to belong to some kind of program, but neglect to do so.

In life today our individual safety often rests in someone else’s hands. We expect to go through the business of living, unharmed. Unfortunately, sometimes we interact with people who are in positions that may injure us. It could be another driver, a coworker, a store clerk or a waiter. Usually, it’s not an intentional act. More likely, it’s through a person’s negligence that accidents occur.

Sometimes, the negligence is because someone is using illegal drugs or had too much to drink. That’s where the drug and alcohol testing consortiums come in. The goal of these testing programs is to weed out drug and alcohol users before they can become a danger to others.

For example, CDL truck drivers with their own authority, USCG licensed captains and their crew on charter boats, train operators, pilots, airplane mechanics, manufacturers and many other kinds of companies all have positions of safety sensitive responsibility. That is where errors on their jobs can result in injury to another person. These individuals and groups must belong to a program that meets the government’s strict testing requirements. Consortiums like the one run by www.DrugTestingConsortium.com will determine where and when a person is to go for the required random testing. They will also certify that the results are accurate and report them to the proper authorities.

These programs are not the perfect answer to eliminating work place accidents. But, they are required by law and help to keep us all safer. And since joining a drug testing consortium is not a very expensive procedure, they appear to be a good idea for all of us.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Registration of Foreign Corporation in the Philippines

Registration of Foreign Corporation in the Philippines
The Executive Branch of the Philippine Government has various agencies, instrumentalities, departments, bureaus and entities that are under the control and supervision of the Philippine President. The different heads of the agencies and departments are considered as an alter-ego of the President. The Philippine Economic Zone Authority (PEZA) and Board of Investment (BOI) are instrumentalities under the Executive Department of the Philippine Government.

It is a well-settled rule that a corporation established under foreign laws is considered a foreign corporation. In this jurisdiction, a foreign corporation duly registered in or licensed by government entities like the PEZA and the BOI can acquire legal personality, engage in internal trade, and is obliged to respect the Principle of Reciprocity among nations.

Legal Personality
Registration of a foreign corporation in the appropriate departments and government entities vest legal title or personality to foreign corporation to engage business inside the Philippine jurisdiction.

A duly licensed or registered foreign corporation has the power to sue and can be sued in Philippine courts. Absence of licensed or registration will not entitle the foreign corporation to sue but can be sued instead.

However, a foreign corporation is authorized to sue even if not licensed or registered when it only engages in isolated transactions and when the law specifically provides.

Under the Philippine law, a court can obtain jurisdiction over foreign corporation by the proper service of summons. Service of summons to foreign corporation which has transacted business in the Philippines whether licensed/ registered or in an isolated transaction maybe made on its resident agent designated by law for that purpose, or in case there is no agent, the government official designated by law, such as the Insurance Commissioner (in cases of foreign insurance corporation), the Superintendent of Banks (in cases of Foreign banks) and the Security and Exchange Commission (for other foreign corporation registered or licensed to do business in the Philippines).

Whenever service of Summons is so made to the government official, the government official shall be obliged to transmit the same by mail or other legal process to the corporation concerned.


Internal Trade
Foreign Corporation registered in PEZA and BOI can carry on substantial internal trade. The foreign corporation can also direct and develop operations and enterprises of domestic corporations. Furthermore, it can invest a considerable amount of capital to certain enterprises.

Moreover, the corporation can also purchase shares of stocks in a legitimate stock market for a minimum share authorized by law. Thus, registration in PEZA and BOI authorizes the foreign corporation to freely engage in business ventures with in the Philippine jurisdiction.

Under the law, the President of the Philippines may allow entry of foreign corporation when warranted by public interest, such as oil drilling companies, Board of Investments, registered enterprises and Philippine Economic Zone Authority registered enterprises.


Principle of Reciprocity
The principle of reciprocity speaks of mutuality among the party states. Benefits given by a state to citizens of another state who are found within the country of the granting state shall also be granted to the citizens found within the partner state. Usually, the Principle of Reciprocity is in a form of a treaty, signed by different representatives of party states. In this jurisdiction, the legislative departments can enact laws that can be favorable to a registered foreign corporation, provided such is also granted to the Filipino citizens who are within the jurisdiction of the grantee state.

The President of the Philippines can issue Executive Orders, and Presidential Decrees that are favorable to the conduct of foreign corporation. Some of these favor personnel of offshore banking units which is provided under Presidential Decree 1034 and Required Area headquarters of Multinational Companies under Executive Order 226, wherein they are entitled for Multiple Entry Special Visa to the Philippines. Also, their respective spouses and minor dependents below 21 years old are benefited. The multiple entry special visas are valid for 1 year and can be extended based on legal or meritorious grounds. Holders of this visa type are exempted from immigration fees and registration apart from all clearances from any form of government agency before final departure.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Why Training Is Now A Necessity For Those Using A Scissor Lift

Since 2005 new Work at Height Regulations have been in effect as a way to improve safety in all manner of industries that use mobile access machinery, the scissor lift and scaffolding. Part of these regulations have been created to make sure that the person using powered access machinery has had a suitable level of training. By ensuring there are always workers with training when people are using access machinery, it is hoped that safety will be increased. The scissor lift falls into the powered access machinery category, being referred to as a mobile elevated platform or MEWP for short.

MEWPs are used in a large variety of industries, allowing workers to reach inaccessible areas speedily and safely. The contemporary scissor lift has been designed with guard rails that actively work towards preventing falls and dangerous situations. This type of machinery can also be used in interiors and exteriors meaning it is a far reaching mobile access solution. In terms of the usability of the scissor lift, painters and decorators regularly use them, as do maintenance workers such as electricians who need to access wiring in large halls or auditoriums. It is hoped that by the release of the Work at height Regulations 2005 that the safety in all of these industries will be improved, allowing workers to perform their roles safely and effectively.

Training courses are in abundance when it comes to the use of the scissor lift. With effective training operators are given the knowledge to select thee right lift for the job, part of this process includes taking account of the maximum height of the lift, how large the platform is and the amount of safety equipment affixed to the platform. It is not just the government however that have strived to making the use of powered access machinery safer, IPAF and independent body of manufacturers and users has recently embarked upon a 'clunk, click' campaign. This campaign resembles the road safety variant of the same name and attempts to put safety issues at the forefront of all workers' minds that utilise mechanised lifting solutions. IPAF are also working in conjunction with government ministers to further develop the safety procedures for working at height to create a safer working environment.

As previously stated having training means that the selection of the right equipment is assured. This thought process must first assess the height of the job as a machine that only reaches with the worker at full stretch will not be suitable. In addition, training enables operators to make an assessment of the working area. Factors such as nearby doorways, any external weather condition, such as high winds, and the surface the machinery is to be placed upon should all be taken into account. Once again having suitable knowledge to recognise the risks posed by oncoming traffic or overhanging hazards is essential.

As a part of the Work at Height Regulations, training is considered a legal necessity. As an employer it is important to ensure all staff members working on access equipment have had training, otherwise legal penalties can become an issue. None of these developments should be begrudged however, with accidents costing thousands in compensation, as well as the human costs of debilitating injuries or even death, the response of the government to make the use of powered access machinery is an understandable and required response.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

The Law Relating to Transfer of Shares

The stock market has become the backbone of many economies in the world. Unfortunately, those who are engaged in such markets know little or nothing on the that regulate their trading. One of the very critical areas that every investor must know is the laws that govern the transfer of shares by a company and also individuals.

There is a distinction between transfer of shares and the transmission of shares. A transfer is by the act of the member of a company, while transmission occurs by operation of the law on the death or the bankruptcy of a member.

Every shareholder has a right to transfer his or her shares unless otherwise provided in the articles. As per the companies Act, "it is provided that the shares in a company under these Acts shall be capable of being transferred in a manner provided by the regulations of the company. Such regulations of the company may impose restraints upon the right of transfer...."

However, the directors of a company may, in their absolute discretion and without assigning any reason therefore, refuse to register any transfer of share. In such a case, the court may not interfere with the transfer unless one shows that the directors are exercising their discretion improperly.

A forged transfer of shares is a nullity and cannot affect the title of the shareholder whose signature is forged. If the company therefore has registered the forged transfer and removed the true owner of the rights from the register, it can be compelled to replace him.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Important Changes to Reporting Under the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (50 U.S.C. Appx. 501 et seq., herein “SCRA”1) is the successor to the Soldiers’ and Sailors’ Relief Act. It offers protections for persons in active military service. The protections may include mandated 6% interest on some loans, and halting court judgments, evictions and foreclosures. “Military Service” covers seven agencies (Army, Navy, Coast Guard, Marines, Air Force, as well as certain employees of the National Health Service and the National Atmospheric and Oceanic Administration. (See SCRA § 511(2)).

It is important to note that the SCRA provides protection not only to persons on active military service but also up to nine (9) months after termination of active military status. Foreclosures, for example, are invalid if conducted during or within nine (9)2 months after a servicemember’s period of military service. The court could review the promissory notes that gave rise to the foreclosure and could change the mortgage payment and maturity date. Similarly, the 6% interest rate cap extends one (1) year after termination of a service member’s period of military service. §527(a).

There are dangers in proceeding against someone without verifying if the person is in active military service. A person who knowingly causes a foreclosure or seizure or attempts to do so in contravention of the SCRA is subject to imprisonment. (see §533 (d))


Until now, searches under the SCRA only provided confirmation of whether a person was or was not in active military status. This resulted in a severe vulnerability: there was no ability to verify if a servicemember was within his/her period of post-service protection. Effective October 11, 2009, the military active duty verification provided by the Servicemembers Civil Relief Act Centralized Verification (www.servicememberscivilreliefact.com) will include active duty termination dates. This change in reporting was made possible because the Defense Department’s Manpower Data Centers DEERS database (hosted by the Defense Manpower Data Center (“DMDC”)) responses now include this information, at the request of the SCRACVS and at the suggestion of Rod Powers who covers US Military issues at About.com.

At the SCRACVS site, active duty military status verification requests may be conducted without a social security number or date of birth, provided that other identifying information (such as addresses) is provided. The DMDC site will not permit a search without SSN or d.o.b., and, searches conducted with d.o.b. only include a disclaimer indicating that the search results cannot be verified because only a SSN provides a unique identifier. This, disclaimer, understandably, may draw court concern. The SCRACVS has other data available to it to conduct the dispositive searches often required by courts.

Courts universally require an affidavit before a plaintiff may receive a judgment against an individual. Those affidavits should now indicate the active duty termination date, if applicable. The affidavits are sometimes referred to as “military affidavits”, “non-military affidavits”, and “affidavits in compliance with the Servicemembers Civil Relief Act”.

[1] The Act is the successor to the Soldiers’ and Sailors’ Civil Relief Act of 1940. The SCRA is sometimes and erroneously referred to as the Servicemembers’ Civil Relief Act, Servicemember’s Civil Relief Act, Service Member Civil Relief Act, Service Member’s Civil Relief Act, Servicemembers Civil Release Act, and similar.

[2] On July 30, 2008 the protection was extended from 90 days to 9 months. Effective January 1, 2011, a sunset provision will roll the 9 months back to 90 days. §2203(c)(2) of Act July 30, 2008, P.L. 110-289. On the other hand, §522, which applies to other proceedings, remains at 90 days.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Besides Pornography, Very Few Ways to Censor Internet

Freedom of speech is our guaranteed right as a United States citizen. Or is it? That is the question those opposed to censorship are asking citizens to decide and stand up for. However, the Federal Communications Commission claims it does not attempt to hinder a person’s right to freedom of speech. Their goal is to prevent obscenity and libel from being a part of the media, newspaper, television, and radio.

The FCC will issue fines to any entity that falls under free to air broadcasting who participates in programming that involves obscenities, vulgar behaviors, nudity, or libel. These finds are high dollar amounts ranging from $250,000 to $375,000 per incident.

One huge area of controversy involving censorship involves pornography, especially on the internet. The FCC states indecent pornography can’t be censored, but obscene pornography can be censored. This involves pornography involving children and underage teenagers. Under the regulations of the FCC that have been approved by the Bush administration, those violating the pornography censorship laws can face criminal charges and prison sentences. The issue of censorship regarding pornography has gotten even tighter since 1996 when the Communications Decency Act was passed.

Other than the area of pornography, there are very few ways to censor internet materials. Many people enjoy that freedom while others are fighting to change that. It is one thing if you are searching the internet for a particular subject, then view it. However, many children have found x-rated sites not suited for their viewing by simply typing in the name of a popular toy or music band into a search engine.

Keeping this in mind, it is important to remember that not everything you read on the internet is true. It may very well simply be someone’s opinion with no factual information to verify it. However, nothing mandates they state it is only their opinion on the internet. Therefore, it is often portrayed in a format that appears to be factual.

The issue of censorship remains very controversial. There are those who believe it is necessary to keep some guidelines and integrity in our society pertaining to television, music, and the media. However, the other side of the issue belongs with those who believe freedom of speech should be the prevailing decision.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

The Law Relating to Transfer of Shares

The stock market has become the backbone of many economies in the world. Unfortunately, those who are engaged in such markets know little or nothing on the that regulate their trading. One of the very critical areas that every investor must know is the laws that govern the transfer of shares by a company and also individuals. There is a distinction between transfer of shares and the transmission of shares. A transfer is by the act of the member of a company, while transmission occurs by operation of the law on the death or the bankruptcy of a member.

Every shareholder has a right to transfer his or her shares unless otherwise provided in the articles. As per the companies Act, "it is provided that the shares in a company under these Acts shall be capable of being transferred in a manner provided by the regulations of the company. Such regulations of the company may impose restraints upon the right of transfer...."

However, the directors of a company may, in their absolute discretion and without assigning any reason therefore, refuse to register any transfer of share. In such a case, the court may not interfere with the transfer unless one shows that the directors are exercising their discretion improperly.

A forged transfer of shares is a nullity and cannot affect the title of the shareholder whose signature is forged. If the company therefore has registered the forged transfer and removed the true owner of the rights from the register, it can be compelled to replace him.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Real Estate Laws in Louisiana: What You Should Know as a Property Owner

State legal systems in the United States are based on one of two legal systems. Forty-nine states base their laws on the common law system, first used in England.

However one state, Louisiana, uses the French Napoleonic Code as the basis for their legal system. While common law-based legal systems rely on the rulings of judges to set precedents that are used to make later decisions, the Louisiana system does not.

The Napoleonic Code was intended to simplify the laws in a time when many people were illiterate or did not have access to printed information. Ironically, the effort to create a simpler and easier to understand legal system has resulted in one of the more complex and least understood set of state laws here in Louisiana.
There are many other distinctions between the two systems, but it is not as important to know every single distinction as it is to understand that there are significant differences between the state laws in Louisiana and those of most other states.


Real Estate Law Basics
Real estate laws are the laws that address the land and anything built upon that land including ownership, usage, and transfer of ownership of that land. As discussed above, Louisiana’s unique legal heritage has affected the current laws in many ways. One such way is the term used to refer to real estate in this state. While the rest of the United States uses “real estate” in legal documents, in Louisiana real estate is referred to as “immoveable property.”


Inheritance and “Forced Heirs”
Another area which requires the special attention is that of inheritance within Louisiana. The laws regarding inheritance derived from the Napoleonic Code were intended to ensure that assets remained in their family of origin, so while the other 49 states allow property to be transferred as the owner prefers after their death, this is not always the case in Louisiana.
The laws regarding inheritance of real estate can dictate that close relatives including parents or children inherit property before anyone else.


Community Property or Separate Property?
The real estate laws in Louisiana separate property ownership into two categories:

• Community property
• Separate property

While the difference between two distinctions may seem apparent initially, upon closer inspection, the line becomes less clear. For example, once a couple is married, all properties do not automatically become community properties, and in the case of divorce, one spouse may not have any claim to or rights in regard to certain properties. Some of the factors that are considered in this situation are when the property was purchased and which party’s funds were used, which can be a difficult fact to ascertain.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?

Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment. However, the U.S. Trustee has become much more aggressive in denying Chapter 7 bankruptcy, and instead forcing people into a Chapter 13 bankruptcy that does require repayment. Today you need much more from your law firm to get your Chapter 7 petition approved.

Under the new regulations, the government requirements to obtain a Chapter 7 bankruptcy are:
# Obtaining a Special Edition Credit Report of your obligations
# Transfers of your accounts to collection agencies
# Third-party assignees and if any judgments have been obtained against you
# Obtaining a copy of your IRS Tax Transcripts
# The Pre-Filing Credit Class
# Performance and certification of the Financial Means Test
# Preparation and filing of your petition
# Payment of all court filing fess;
# Representation at court hearings (as known as the Meeting of Creditors)
# A copy of your official filed bankruptcy petition
# And the Post-Filing Credit Class.

Arguably the most difficult and the most critical part of the Chapter 7 process is the new "means test." The means test compares the debtor’s income in the six months before the filing of the bankruptcy to their state’s median income. If the debtor’s income falls below the state median, they are automatically allowed to file for bankruptcy under Chapter 7. If the debtor’s income is above their state’s median income, they may still qualify to file for Chapter 7, but it becomes more complicated process with additional tests that take their expenses and excess income into account.

Another crucial step in getting your Chapter 7 bankruptcy petition approved is the "341 creditors meeting." The meeting takes place one to three months after the bankruptcy petition is filed, the 341 creditors meeting takes place, which allows creditors the chance to gain additional information about the debtor’s finances and ability to repay his debt. While you are not required to have a bankruptcy attorney, it is important to make sure you are prepared properly for the meeting.

Considering both the new and the old requirements, it may be in the best interests of a debtor to hire a law firm that has both bankruptcy lawyers and a professional accountant.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic