Laws That Regulate Business AND WHO THEY PROTECT Government Regulation of Businesses Federal, State, and Local legislations pass many laws that regulate businesses. Federal, State, and Local Government agencies enforce these laws Government Regulation of Businesses Businesses that do not comply with these laws may face legal actions, in the form of: Fines Penalties Loss of license Jail Government Regulation of Businesses Many companies hire a government affairs manager to make sure the company follows the laws that regulate its business Government affairs manager – a person with a great knowledge of laws pertaining to their business and keeps up with all new laws created Government Regulation of Businesses Regulations – rules that government agencies issue to implement laws Business must comply with all laws and regulations Government Regulation of Businesses There are six important areas of law that affect business operations: Corporate Law Tax Law Intellectual Property Law Consumer Law Commercial Law Licensing and Zoning Law Corporate Law Law that regulates how businesses set themselves up to operate as companies. Laws regulate one person, small, or large companies One person company – Sole Proprietorship Small company – Partnerships Large company – Corporation Corporate Law Sole Proprietorship A business owned by a single individual, or a proprietor Easy to start, most of the time a person just starts doing business, after checking with state and local officials about licenses, zoning regulations, etc… Examples may be restaurants, grocery stores, hardware stores, consignment shops, ebay dealers Corporate Law Sole Proprietorship Advantages The proprietor controls the entire business, and keeps all the profit The proprietor can make decisions quickly, due to nobody else having any decision making power Pay fewer taxes than other kinds of business Corporate Law Sole Proprietorship Disadvantages Proprietor has full responsibility for the business Success and failure, so profit and debt Business may fail completely due to proprietor becoming ill, disabled, death, etc… Corporate Law Partnerships An association of two or more people who jointly own a business. Partnerships are governed by the Uniform Partnership Act Corporate Law Partnerships Uniform Partnership Act – governs general partnerships in two ways: 1. 2. Must be owned by two or more people Partners must share profits from the business Corporate Law Partnerships Advantages Allows partners to combine talents, ideas, and financial resources Partners share decision making responsibilities Pay less taxes than a corporation Corporate Law Partnerships Disadvantages Partners have unlimited liability for business debts Partners may disagree How to run the business How to invest profits Disagreements may hurt the business Corporate Law Corporations A business formed under state and federal regulations that is authorized to act as a legal person. Corporation owners have limited liability (L.L.C.) Owner cannot lose personal funds or resources, just those of the corporation Corporate Law Corporations L.L.C – Limited Liability Company Publicly Traded Company – Shares of stock are issued for people to invest in People invested in the company are called stockholders Corporate Law Corporation Advantages They offer stockholders limited liability and a share of the profits Stockholders have no management responsibilities Can raise money by selling stock Very easy to get a line of credit Corporate Law Corporation Disadvantages Have the most federal and state regulations to follow Must register with state agency before beginning business Pay more taxes that other types of businesses Pay taxes to state and federal governments as well as income tax on profit Tax Law The type of ownership businesses choose often depend on the types of taxes required Tax – Money paid by corporations and individuals that are used to fund government programs and services Highways and roadways Public schools Tax Law Businesses pay several different kinds of taxes: Income Tax Property Tax Withholding Federal Taxes Tax Law Income Tax A tax levied against the businesses profits Example Spending $80,000 on expenses and had a revenue stream of $180,000, A business earns $100,000 in profits this year. The income tax rate is 30% How much will the business have to pay the government? Tax Law Property Tax Taxes levied against the property, buildings, or land owned by a business Property taxes are based on an assessed valuation of the building or land Tax Law Property Tax Assessed Valuation – the amount that a piece of property is worth, according to the tax assessor Example The assessed valuation for a building in the heart of Manhattan is extremely high due to very little space to construct new buildings. Business owners would pay more taxes in New York City than any other place in the U.S. What about the assessed valuation of land in Ohatchee? Wellington? Oxford? Tax Law Withholding Federal Taxes Taxes withheld from each paycheck to employees to be sent to the federal government. Tax Law Some states have more favorable tax breaks available for businesses Tax standards should be considered when building a business Example In 1998, the Caterpillar Corporation, a major equipment manufacturer, moved its operations from Illinois to Texas because the taxes were more favorable in the state of Texas Intellectual Property Laws Laws that protect ideas and inventions of individuals or businesses Three kinds of intellectual property protections: Patents Trademarks Copyrights Intellectual Property Laws Patents A document the federal government issues to inventors and companies that give them the exclusive right to make, use, and sell their inventions Patents are granted at the Federal Patent and Trademark Office Intellectual Property Laws Patents A patent is good for 17 years, then it expires The inventor must renew the patent after it expires or other companies can use that invention or idea Intellectual Property Laws Trademarks Word, name, symbol, or slogan a Business uses to identify its own goods and set them apart from others What are the World’s most recognizable trademarks? Intellectual Property Laws Trademarks Trademarks are granted at the Federal Patent and Trademark Office Once granted, no other company can use it for 10 years, when it must be renewed Intellectual Property Laws Copyrights Protection provided to a creative work such as: Literary works Musical compositions Plays Dances Paintings Movies Computer Programs Intellectual Property Laws Copyrights The owner of the copyright is the only person with the legal right to sell, reproduce, or allow others to use it A copyright is granted by the U.S. Copyright Office Lasts for the life of the holder plus 70 years. After that, it becomes part of public domain Gives the public the right to reproduce or use a previously copyrighted item Consumer Law Laws that are designed to protect consumers of goods and services for their own use You are a consumer each time you buy food, clothing, medicine or any other item from a business Consumers need to understand laws so they know their rights when dealing with businesses Consumer Law From last exam The Federal Food, Drug, and Cosmetic Act Consumer Product Safety Commission Truth-In-Lending Act Equal Credit Opportunity Act Consumer Law Used Car Rule – Requires dealers to tell customers important information about a car Mileage Major body work Flood Damage Telemarketing Sales Rule – protects against being bombarded by sales calls by placing limitations on businesses that promote by telephone Consumer Law Clothing Care Rule – requires manufacturers of clothing to put a tag specifying how to care for the clothes Full Disclosure Rule – requires the seller of a house to inform the buyer of any defects with the property Foundation Leaky Roof Busted pipes Indian Burial Ground Consumer Law If you feel that you have been wronged by someone, you can write a letter to the FTC FTC – Federal Trade Commission The FTC will take action if enough complaints are received to build a “pattern of wrongdoing” and will then investigate it Consumer Law The FDA also protects consumers Food and Drug Administration Protects consumers against mislabeled or impure food, drugs, cosmetics, and medical devices Consumer Law FDA approves all new drugs before they are sold Fair Packaging and Labeling Act – requires manufactures of foods, drugs, cosmetics, and medical devices to clearly label products with: Name of manufacturer Contents Amount contained in the package Label must contain complete nutritional information Commercial Law Laws regulating business dealings with other businesses such as contracts The basic commercial law guide is called the Uniform Commercial Code (UCC) Large text that was created to unify commercial standards in all 50 states under one stated guide Commercial Law Businesses must follow the UCC when writing and entering into contracts An agreement between two parties to carry out a transaction, such as a sale of goods, or services provided Contracts create an obligation between parties that, if not performed can be enforced in a court of law Commercial Law Businesses enter into contracts daily Contracts must follow very specific guidelines outlined by the UCC. It may be short 1-2 pages for a small order or agreement Very long for larger purchases Commercial Law The UCC requires a business contract to: Must state both members that are entering into the contract The date the contract was entered into State that both parties agree to the transaction State the quantity to be exchanged Must have signatures of both parties Must be witnessed by a neutral, third party A manager will review the contracts to ensure legality Licensing and Zoning Law Laws that regulate who can operate a business and where they can run it from. License – gives the right to operate a business and guarantees the license holder knows all rules and regulations of the business Zoning – Government set regulations on where a business can be Licensing and Zoning Law Licensing State and local governments use licensing to limit and control people who plan to open certain types of businesses. Example To start a restaurant, you need to apply for a license from the local department of food and beverage control. They may deny the license if they feel there are too many restaurants in the general vicinity of your planned location Licensing and Zoning Law Licensing Government officials may revoke a license from a business that is not complying with laws and regulations Example The department of sanitation will shut the restaurant down if they are not complying with health codes, such as storing food properly and keeping bathrooms and public areas sanitary. Licensing and Zoning Law Licensing Usually, a warning comes first May require a fine or penalty Followed by a suspended license Gives the restaurant an opportunity to operate on probation Finally, the government will revoke the license Restaurant will shut down and go out of business Licensing and Zoning Law Zoning Building Zones – Industrial, Commercial, or Residential Industrial – land zoned for industries and large corporations Commercial – land zoned for places of business McClellan Industrial Park Quintard Avenue Residential – land zoned for places for people to live Barrington Farms Licensing and Zoning Law Zoning Building Codes – Regulates the physical features or structures of a building May regulate: Maximum building height Minimum square footage Material used to construct the building Material used on the outside of the building Emergency exits and evacuation routes Drainage requirements Fencing or shrubbery Set back ordinace