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What are the regulations for online beer sales in the UK?
Selling online: an overview of the rulesThis is an edited version of a guide for businesses.E-commerce TMT & Sourcing TMT Retail Education UKThere has been a steady growth in the variety and volume of goods and services which are available on-line to both businesses and consumers, and on-line selling is increasingly seen as a major way for all businesses to save costs. Almost inevitably, as the practice of on-line selling proliferates so does the amount of legislation governing it. This article provides an overview of the law governing on-line sales in the UK and an analysis of the issues that a business should consider before setting up an on-line sales process.The law governing online salesThere are two distinct types of legislation that affect on-line retailers. Firstly, traditional consumer protection regulations apply to all consumer sales made on-line. These regulations are well established, but it is important to remember that they apply to on-line retailers as much as they do to traditional ones. Secondly, there are regulations designed specifically to deal with problems and issues facing retailers on-line.Traditional consumer protection regulationsThese protect purchasers and consumers whether they are buying the goods over the counter of a shop or over the internet. For instance the Sale of Goods Act gives certain rights to purchasers about the quality of the goods they receive, and their rights if the goods fail to live up to these standards. The Consumer Credit Act protects consumers' rights when they enter into an agreement for someone to provide them with loans or credit facilities including circumstances where they buy goods or services using a credit card. The Unfair Terms in Consumer Contract Regulations protect consumers' rights where they enter into agreements with retailers who try to impose unfair terms in the agreement. There are also numerous other pieces of legislation, many of which will apply to different contract and product types.Online regulationsThese regulations are new, and were brought into force largely to protect consumers' rights when they buy products either over the internet or by telephone. They largely derive from EU Directives, and include the E-commerce Regulations , the Distance Selling Regulations and the Electronic Signatures Regulations . These are the regulations that control the actual on-line sales process and they provide the starting block from which we can consider the practical business requirements of on-line retailers.Although the traditional consumer regulations are important for all sales processes, this article focuses on the on-line regulations and how they affect the various stages of the on-line sales process. The next five sections take you through what the regulations require including information that must be provided to a purchaser, the use of electronic signatures, contract formation issues and ensuring your contract is legal.Information that must be suppliedThe various regulations share a central theme: companies should not hide themselves from purchasers, and should provide as much information to purchasers as possible.Company information that must be supplied under the E-Commerce RegulationsThe E-Commerce Regulations require that all commercial web sites make the following information directly and permanently available to consumers via the website:the company's name, postal address (and registered office address if this is different) and email address;the company's registration number;any Trade or Professional Association memberships;the company's VAT number.All of this applies regardlessof whether the site sells on-line. In addition, any commercial communication – that is any email or even SMS text message – used in providing an "Information Society Service" must display this information.The E-Commerce Regulations also require that all prices must be clear and unambiguous, and web sites must state whether the prices are inclusive of taxes and delivery costs.Contractual information that must be supplied under the E-Commerce RegulationsWhen it comes to actually going through the contractual process the requirements for information increase once again and the consumers must be told:the steps involved in completing the contract on-line;whether the contract will be stored by the retailer and/or permanently accessible;the technical means the site uses to allow consumers to spot and correct errors made while inputting their details prior to the order being placed;the languages offered to conclude the contract;The website must also provide links to any relevant Codes of Conduct to which the retailer subscribes and set out the retailer's Terms and Conditions, in a way which allows users to save and print them.All of this information must be provided before the purchaser selects the product and starts the contractual process and it is possible to convey it early on in the sale, without deterring users with an unwieldy sales process. The most common route is to bundle as many of these details into the terms and conditions as possible, and ensure that consumers are appropriately directed to read them.Information that must be supplied under the Distance Selling RegulationsThese Regulations set out the information which must be provided to a consumer prior to the conclusion of the contract.The information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used. This means that the information can be set out on a web page, provided that the information is brought to the attention of the consumers before the contract is entered into. The information to be provided includes all of the information which a supplier should, in any event, wish to provide in relation to:the identity of the supplier;the main characteristics of the goods or services;their price;arrangements for payment and delivery; andthe existence of the right of cancellation created under the Distance Selling Regulations.Information that should be set out in the terms and conditionsThe terms and conditions should:make it clear who is selling the product, together with the geographical and email address;describe clearly what the customer is getting and what it will cost, including all taxes and delivery costs; andidentify the arrangements for delivery of the product.The terms and conditions of the site are very important, and will vary for every retailer. It is important that the terms and conditions are properly drafted, as poorly drafted terms and conditions will expose the retailer to unnecessary risk.Electronic signaturesThe Electronic Signature Regulations apply to any contract and not just those entered into with consumers. In order for there to be a binding contract the following essential elements of a contract must be present:an unconditional offer;an unconditional acceptance of that offer;consideration passing from both parties other than in Scotland where consideration is not a requirement; andan intention to create legal relations, i.e. the parties must intend to enter into a legally binding contract.There must also be certainty as to the terms, parties and subject matter of the contract. For the majority of contracts there is no legal requirement for a signature.Whenever a person buys or sells something he or she is entering into a contract, no matter how small the purchase. In the newsagents, when a person buys a newspaper he or she contracts with the newsagent for the purchase. The newsagent makes an 'Invitation to Treat' by placing the publication on sale. The person offers to purchase it from the newsagent, proffering money, and the offer is accepted (concluding the contract) by taking the money. This is still a contract, although not a word needs to be said, and nothing is written down. However, the essentials of a contract have been formed: an offer (to buy, or sell), an acceptance of that offer, and (everywhere except Scotland) consideration (whether money being paid, or some other form of consideration) for the sale. The various stages of the contractual process will be discussed in more detail later, as it is important to distinguish between who is making the offer and who is accepting it.Signatures are not actually necessary for the conclusion of every contract (your visit to the paper shop could become a chore), but they can have three essential functions when we consider on-line contracts:To identify the person who has bought the product;To indicate a personal involvement, or trustworthiness; andTo indicate an intention to be bound to the contract.The principal, and simple effect of the Electronic Signature Regulations is to make electronic signatures legally valid. Most of the discussion, and further interpretation of electronic signatures actually comes from a report published in December 2001 by the Law Commission entitled "Electronic Commerce: Formal requirements in Commercial Transactions", and in subsequent guidance from the DTI.Depending on exactly what is being sold the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract. However, for more complex products being sold on-line, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.Depending on the value and/or importance of the transaction the parties may want a greater degree of certainty as to reliability of the signature. This may involve the use of public key infrastructure, for example.Contract formation issuesThe main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.The offer and acceptance procedure onlineStep 1: Establishing the offer and acceptance procedureThis is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.Step 2: Completing the order formThe customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.Step 3: Incorporating the terms and conditionsAt the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.It is wise to also include a term like the following:"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."The words, "if accepted by us," are very important.This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.Step 4: Taking the consumer's credit card details on-lineAt this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.Step 5: Acknowledging receipt of the orderWhen the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.Step 6: Providing confirmation of the information provided and the right to cancelThe Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.Step 7: DeliveryFinally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.The "country of origin" principleThe E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.Despite this signNow qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.Ensuring your contract is legalIt is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.
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What does the paperwork lawyers create for a case look like?
If a lawyer is submitting a paper to the court, in most cases, it normally contains:A caption. This is information containing the names of the parties. These are on the left side. On the right side will be information about the Court, the docket number for the case and the month and year the case was placed into suit. http://www.moeb.uscourts.gov/for...An explanation of what the document is. This is in bold across the top of a page.If the lawyer is asking the court to do something, the document will contain an order. This document contains the caption, a statement about what the order is, a blank space for the date and a blank signature line for the judge.Then you will have a series of numbered paragraphs. Each addressing something. It might be laying out the complaint, responding to the complaint (this is called the answer), listing facts, explaining the history of the case, detailing a preliminary objection. It can be anything. But each item is numbered. We call them paragraphs but often they are only a sentence or two. http://www.cod.uscourts.gov/port...After that, you may have a legal memorandum of some kind. This will be backing up whatever you are requesting. Say you are asking for a summary judgment. The legal memorandum will provide legal support, based on the facts of the case, for your argument that the summary judgment motion should be granted. Here we will cite relevant case law, statutes, etc.If you are asking the court for something, you will restate it, probably several times. And you do so very, very respectfully. In fact, the request is where you tend to see us use old fashioned or legalize type language. You often see this at the very beginning too.Here is the start of Preliminary Objections. This is something a lawyer files in response to a Plaintiff’s complaint. We are not even answering the complaint yet, we am saying, there are problems here:AND NOW comes the Defendant NAME, by and through her attorney, Jennifer L. Ellis, Esquire, to hereby file these Preliminary Objections to Plaintiff’s request to amend the above-captioned Complaint pursuant to Pa.R.Civ.P. 1028 and in support thereof avers as follows:And then I will end it with something like:Wherefore, Defendant NAME requests this Honorable Court grant her preliminary objections and strike Plaintiff’s amended complaint with prejudice.7. Then you will include a verification swearing that everything is true to the best of your knowledge, as well as a certification that you are serving the document on all parties.Of course, we also write other documents. Internal or external legal briefs, for example. Notes, letters, etc. Those look pretty much like you would expect.It is critical that anything we submit to a court follow the correct rules. Different courts have different rules, even from county to county. And if you submit something incorrectly, it will be bounced back to you. So we often get forms from the court’s website and adapt what we write accordingly.Even the most simple cases tend to have a copious amount of documents. I generate a lot of paper. Not literally, since I mainly work electronically, but a lot is happening in the background. I submitted a document the other day which included about 100 pages of exhibits. The document itself was probably about 3500–4000 words. The exhibits were other documents that had been generated in the case.I am not sure if this is what you are asking. If it isn’t, let me know.
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What do you do everyday to promote your website?
Great question!There are several ways that you can promote your website. Here are a few of my favorites:Schedule social media posts (blog articles, quotes, bit size content from your website) via Hootsuite to post on multiple channels such to get maximum signNow.Channels such as Facebook, Instagram, LinkedIn, TwitterLook up hashtags specific to your business on Twitter and engage with others or even better yet provide them a free resource that you’re giving away (preferably one that leads back to your site).Engage with people on Twitter, Facebook, LinkedIn, and Instagram by asking questions, answering questions, and starting new conversations.Pin new content on Pinterest a couple of times a week.There are many ways you can promote your website and it’s hard to not to get overwhelmed–so pick a few and give them a try. Once you’re ready you can always do more to promote.
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What are cryptocurrencies?
Cryptocurrency - it's become one of the buzzwords of the 21st Century.It is something which you often hear in the news but a word which you can be forgiven for not knowing what it actually means.Thankfully Price Bailey Chartered Accountants in Cambridge are experts in the field and can provide advice on how cryptocurrencies can help your business. Here Mark Ellis - a research executive at the firm - gives us a layman's guide.What are cryptocurrencies?Cryptocurrencies differ from traditional currencies in a number of ways, the most obvious being that they are an electronic form of currency. In addition, they aren’t backed by any physical commodity or by a central agency, such as the government.Anyone can gain access to cryptocurrency. An individual will need a cryptocurrency wallet to store a digital key that will allow them to access the address of the cryptocurrency. Wallets are typically web-based or app based, allowing users to access and view their balance as an online banking app does.How much are cryptocurrencies worth?The value of cryptocurrencies, such as Bitcoin and Ether, is based upon a shared belief amongst individuals that it has value and can be used in exchange for goods and services, as well as a store of wealth.Unlike previous digital currencies, cryptocurrencies do not have a central body recording and monitoring the use of the currency. This decentralisation is one the key benefits derived from the underlying technology, blockchain.What are blockchains?Blockchains are ledgers distributed amongst a peer-to-peer network, with blocks in each ledger representing a new record or transaction. Each new block contains encrypted information from the previous block in addition to a timestamp and the transaction data.However, new blocks can only be added to the chain once they have been verified by all of the individuals within the network. With the network recording and verifying every transaction, there isn’t a need for a central server or authority and this system ensures tokens cannot be spent twice, a key flaw in previous digital currencies.Could they become an alternative to traditional currencies?The rise in popularity of a number of cryptocurrencies over the past two years has caused many to question whether they could become a viable alternative to physical currency. However, the perceived complexity of cryptocurrencies has dissuaded many consumers from using them.There has also been increasing pressure from central bodies to make cryptocurrency transactions more transparent. This has the potential to limit widespread uptake and potentially detract from the value that investors perceive the currencies to have.How can this be overcome?Increasing participation will be critical in enabling cryptocurrencies to become an alternative to traditional currencies. As the market size for cryptocurrencies increases and prices become less susceptible to market transactions, the volatility should decrease. This in turn should increase cryptocurrencies credentials as a store of wealth.Due to these factors, cryptocurrencies could open the financial system to those that would typically struggle to participate, i.e. those with poor credit scores or no address; a country will benefit from the increasing number of consumers, supporting economic growth. At present, the volatility poses a serious risk to businesses profit margins, meaning that retailers have shown caution in accepting cryptocurrencies as a form of payment.
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How does one create a business plan?
Startups 101: How to Create a Business PlanThe first thing you need to do is create an executive summary and a mission statement. After that, you need to study your market, compare yourself to your competition, create a share structure, outline financials, and fill out the rest of the pertinent data like the other people suggest.Below is an example of the last executive summary and mission statement that I created for a company I was planning to launch earlier this year.Since I own the company, wrote this from scratch, and decided that I will not be launching this product, I decided to share. (Yes, it is heavily focused on marketing, but that's my primary expertise, if I'm even somewhat good at it... Who in the world knows...)I worked with a Product CEO and operated as the COO at this company and recruited a highly talented team, however the Product CEO decided to part ways so we scrapped the business.Also, you may not want to make a public benefit company unless you already have investors you can turn to for sure who don't care what kind of business you own. If you are seeking to raise money from venture capital, then it is highly unlikely that they will invest into your model. 1.0 EXECUTIVE SUMMARYCompany Name | Tagline | An American Public Benefit Company Founded in February of 2013, (“SE”) features contemporary women’s fashions specializing in comfort, fit and sexiness, established by a diverse group of individuals, led by the C.E.O. Ms. Lee. SE holds idealistic aspirations of giving back to the underprivileged, creates American Jobs and gives back to the community, while keeping the clientele engaged through social interactions SE provides: • A Philanthropic Vision. • Patriotism. • Quality Clothing. • Best Styles for women of the 21st Century. • Quality Content. • An Interactive Community. SE’s innovative design and marketing team constructs visionary product campaigns and strategies, designed to push SE to the forefront of the industry. Derived from the fictional character, Sophia Serrano, from the film Open Your Eyes, SE’s inspiration is characterized by Sophia’s radiant qualities of being: positive, down-to earth, original, mysterious, sexy, and guileless in a perfect world. Sophia is the “ideal” woman because not only is she divine in nature, she is able to cope through the greatest obstacles that obstruct her from her path. Simultaneously, Sophia is so unique, she makes a man follow her into the afterlife of his dreams. Not only did she (tagline) in the real world, she left him in need of her in the afterlife. SE wants other fashion brands and the world to know that everyone in this world matters, no matter your race, ethnicity, financial background or country of origin. SE empowers people to make a difference by: • Helping the Underprivileged Children of America. • Creating American Jobs. • Providing a more Eco-Friendly environment. All of SE’s products are made in the United States, providing more opportunities to influence economic growth. SE ensures no usable fabric goes to waste by collecting all the scraps of fabrics and donating the items to (charity), with the sole intent to create exclusive items, blankets, or articles of clothing for the less fortunate. In addition, SE donates 10% of all sales to (charity) , to help feed, clothe, and provide shelter for the less fortunate.SE plans to take a creative approach to branding and marketing the company. Not only will SE use traditional methods of marketing, such as mailing clothes to celebrities, look books to bloggers and editors, buying editorial spots, sponsoring events, and advertising online, SE will take grass root efforts to the next level in attracting hits to the website, along with social media to keep the clientele engaged. Sending celebrities, fashion editors and bloggers free gifts never guarantees the promotion of an item, so SE has decided to implement a revenue sharing program with its clothing. Each individual influencer will have a personalized URL to direct their clients to SE’s website. Each purchase made within thirty days by the referral of an “influencer” will generate an earnings check of $25 to the referrer. Checks will be cut once the accumulated balance signNowes $300, or can be exchanged to store credit. SE will seek out make up artists, photographers, stylists, and other professionals within the fashion industry to provide an opportunity to earn an extra source of income through its revenue sharing program. SE will also provide clothing to stylists, to have featured in editorial along with video content. SE’s grassroots efforts will take place in the form of carefully selected event sponsorships. Through event sponsorships, models will be showcased wearing the SE product through a trade booth. SE will take pictures of celebrities who try on the products and feature blog posts through social media efforts of the celebrities, while distributing the highly sought out images to fashion bloggers. SE will then pass out $10 SE Clothing Branded Gift Cards to people who fit the role of the target consumer of the brand at the event. Initially, 50,000 gift cards will be made for distribution within the first year, of which we expect at least 25,000 to visit the website URL. SE will implement a referral based program, where if a friend is referred to purchase an item through the SE website through their email or social media link within 30 days, the customer will have the choice to have one of the following occur: • $25 will be credited to the referrer’s account for Future Purchases. • $25 will be donated to the referrer’s Charity of Choice. The referee will also receive $10 credited off their first purchase. Studies indicate that 1 out of every 3 customers will refer their friends to a site that they trust and enjoy. SE will partner with publishers and affiliates such as Google Affiliate, Commission Junction, Avantlink, Affiliate Window, Webgains, Pepperjam, Integrate, Etc. to allow professionals to earn a profit by referring their clientele to purchase items from SE. In order to create better organic SEO (Search Engine Optimization) results to guide more online traffic to the website, SE will carry lines of both popular name brand and up-and-coming American Made products by other designers, such as Nasty Gal, Diesel, Ralph Lauren, Armani, Etc. In order to acquire the product necessary, SE will create a strategic partnership with its manufacturer to sell their excess inventory. Once new customers visit the SE site, they will be given an opportunity to register on the site to claim their $10 credit. Through registration, information such as the customer’s name, email address, phone number, address, and social media profiles will be gathered. Once the customer registers, they will be able to access the site. A welcome email will be sent to the customer within one day, welcoming them to the site. Within 5-7 business days, a letter stating SE’s appreciation of the customer with an outline of the brand’s philanthropic vision will be physically mailed to the customer on company letterhead and hand signed by the C.E.O., Ms. Lee. The customer will then be emailed, informing them that their gift card will expire in 30 days, 3 weeks, 15 days, 7 days, 3 days, 2 days, and a final offer email. This cycle will repeat for another 30 days for a total of 60 days, which will trigger a sense of urgency within purchasing an item within the allotted timeframe. SE will engage with customers by providing the first few sentences of educational content through email, while providing links to the blogging section of the website to read the full article, along with social media efforts on Pinterest, Facebook, Twitter, DeviantART, Tumblr, Google+, Polyvore, Wanelo, Quora, Lyst, Etc. to build trust with the clientele, and keep them engaged with the brand. SE will track user activity through analytic services provided by Kissmetrics to measure which campaigns work best, to better understand our audience. SE will influence increases in transaction sizes by donating one item to charity for every $300 spent in a single transaction. Not only would revenues increase, the philanthropic vision would accelerate to creating a bigger influence to society, which in turn will create a better image for the brand. SE will have a section on the site where users can upload images of their new purchases, how they pair their outfits, provide feedback to others, and like other consumer’s styles, creating an engaged society of buyers who become advocates and prosumers of the brand. SE will begin sales on the retail website, then slowly trickle into many online boutique stores, physical boutique stores, then into major department stores. Since bulk purchases from vendors decrease manufacturing costs, the business model is extremely scalable. As SE becomes a more established brand, price increases will be implemented in 10% increments per season, increasing profit margins while manufacturing costs decrease. SE will create separate databases for consumers who have at least purchased one item and another database for loyal consumers. In regard to the database of consumers who have purchased, collateral material providing a promo code for a promotional discount will physically be mailed to the clients two weeks prior to an anniversary or holiday sale, to provide exclusive access to the promotion. SE will randomly select users from the loyal consumer database to provide a free gift with purchase, expedited or free shipping, and various other promotional tools to reward brand loyalty. Once SE establishes a loyal client base, verticals will be integrated one product at a time in minimal quantities, initially to test the market to see how well the product does. Verticals will range from products such as cosmetics, shoes, handbags, hats, stockings, scarves, jewelry, and other womenswear based products. Led by C.E.O. Ms. Lee, SE has hand selected a managerial team of 8 creative unique individuals to grasp a portion of the $500+ billion dollar market by creating quality content, negotiating with vendors, managing finances, and laying out the long term growth of the company, all while creating beautiful product. 10 years from now, in the year 2023, SE plans to be acquired by LVMH, PPR, Richemont, Valentino Fashion Group, The Aeffe Group, Puig, Diesel, Phillips-Van Huesen, Hermes, Liz Claiborne, Inditex, The Arcadia Group, or Aurora Fashion for a strike price of $300 million. SE is currently seeking seed financing in the amount of $275,000 to be used to cover manufacturing, marketing, legal and operational expenses to establish the brand. MISSION STATEMENTUnited together, SE’s commitments to society are as follows:#1. To Mother Earth:We vow to make sure that no usable fabric is wasted. All usable scrap material will be recycled into specialty items, blankets or created into articles of clothing for the less fortunate.#2. To Our Nation:We vow to Shop American. We vow to only manufacture our product in America. We are creating American jobs and doing our part in rebuilding the American economy.#3. To Our World:We vow to take a stance against child labor. We take a stance against the Chinese sweatshops with hazardous work conditions.#4. To The Less Fortunate:We vow to provide food, clothing, and shelter for children who are unable to take care of themselves, especially the ones right here at home.#5. To Our Customers:We vow to make sure you feel beautiful and (tagline). We vow to create the sexiest, most reliable products made from the best material we can find. We will provide the best fit possible. We will listen to your opinions and make decisions based off of your feedback. Your voice will be heard. #6. To Our Design PartnersWe vow to provide our client base accessibility to your designs to increase your exposure in the market place. Whether you are a small designer who is just beginning or an established brand, there is a place here for you to showcase your items, as long as the product is manufactured here in America.#7. To Our Employees: We vow to bring the jobs back home and provide fair wages. We vow to provide a fun and friendly stress-free work environment.#8. To Our Shareholders:We vow to provide you a seat on our board. We vow to listen to your expertise. We vow to provide returns in a timely manner. We vow to fulfill your philanthropic vision.Oh, it might be in your best interest to include a mind map as well.The first five pages should include the following information:BUSINESS DEVELOPMENT PLAN MARCH 2013 ****** CONFIDENTIALITY & DISCLOSURE NOTICE ****** IMPORTANT: This document is for information purposes only and sent at your request and is covered by the Electronic Communications Privacy Act 18 U.S.C. 2510‐2521. This is neither a solicitation of investment nor an offer to sell and/or buy securities. This communication may contain non‐public, private, confidential or legally privileged information and documents intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under the applicable laws of the U.S.A. and the State of Nevada. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons/entities other than the intended recipient is prohibited. If you received this document and / or a transmission of this document in error, delete any electronic copies of this document and / or return this document to (Name, Address) CONFIDENTIALITY & DISCLOSURE NOTICE IMPORTANT: This document is for information purposes only and sent at your request and is covered by the Electronic Communications Privacy Act 18 U.S.C. 2510-2521. This is neither a solicitation of investment nor an offer to sell and/or buy securities. This communication may contain non-public, private, confidential or legally privileged information and documents intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under the applicable laws of the U.S.A. and the State of California. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons/entities other than the intended recipient is prohibited. If you received this document and / or a transmission of this document in error, delete any electronic copies of this document and / or return this document to (Name, Address) CONFIDENTIALITY AGREEMENT The undersigned reader acknowledges that the information provided within this Business Development Plan (“BDP”) is confidential; therefore, reader agrees not to disclose it without the express written permission of SE. It is acknowledged by reader that information to be furnished in this BDP is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by reader, may cause serious harm or damage to SE and other sources identified herein. The information, estimates and projections contained herein have been prepared by SE in good faith and on a basis believed to be reasonable; such estimates and projections involve signNow elements of subjective judgment and analysis. No representation or warranty, expressed or implied, can be made as to the accuracy or completeness of such information, and nothing contained in this BDP is, or shall be relied upon as, a promise or representation as to the past or the future. This BDP is submitted in connection with the evaluation of a potential transaction and may not be reproduced or used, in whole or in part, for any other purpose. Upon request, this document is to be immediately returned SE,. ___________________ Signature ___________________ Name (typed or printed) ___________________ Date This is a Business Development Plan. It does not imply an offering of securitiesFORWARD LOOKING STATEMENT This document may contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including, but not limited to, statements as to future operating results and plans that involve risks and uncertainties. We use words such as “expects”, “anticipates”, “believes”, “estimates”, the negative of these terms and similar expressions to identify forward looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to differ materially from any future results, performance or achievements expressed or implied by those projected in the forward-looking statements for any reason. References herein to “the Company,” “we,” “our,” “us” and similar words or phrases are references to SE, and/or its subsidiaries, unless the context otherwise requires. CONTACT INFORMATION Inquiries may be directed to the appropriate party below:Leonard Kim COO SEAddress:Phone: Fax: Email:The Table of contents should include the following information that no one, aside from analysts read:TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY1.1 OBJECTIVES1.2 MISSION1.3 KEYS TO SUCCESS 2.0 COMPANY SUMMARY2.1 CAPITALIZATION SUMMARY2.2 COMPANY LOCATIONS AND FACILITIES.3.0 PRODUCTS AND SERVICES3.1 THE SE TECHNOLOGY3.2 COMPETITIVE COMPARISON3.3 MARKETING MATERIAL3.4 TECHNOLOGY FULFILLMENT3.5 FUTURE PRODUCTS AND SERVICES4.0 MARKET ANALYSIS SUMMARY 4.1 MARKET SEGMENTATION 4.2 TARGET MARKET SEGMENT STRATEGY4.2.1 MARKET NEEDS4.2.2 MARKET TRENDS 4.2.3 MARKET GROWTH4.3 SERVICE BUSINESS ANALYSIS 4.3.1 BUSINESS PARTICIPANTS 4.3.2 DISTRIBUTING A PRODUCT 4.3.3 MAIN COMPETITORS 5.0 WEB PLAN SUMMARY5.1 WEBSITE MARKETING STRATEGY5.2 DEVELOPMENT REQUIREMENTS6.0 STRATEGY AND IMPLEMENTATION SUMMARY6.1 SWOT ANALYSIS 6.1.1 STRENGTHS6.1.2 WEAKNESSES 6.1.3 OPPORTUNITIES6.1.4 THREATS6.2 STRATEGY PYRAMID 6.3 VALUE PROPOSITION6.4 COMPETITIVE EDGE 6.5 MARKETING STRATEGY SUMMARY6.5.1 POSITIONING STATEMENT 6.5.2 PRICING STRATEGY6.6 SALES STRATEGY 6.6.1 SALES FORECAST 6.7 MILESTONES7.0 MANAGEMENT SUMMARY 7.1 ORGANIZATIONAL STRUCTURE 7.2 MANAGEMENT TEAM 7.3 MANAGEMENT TEAM GAPS 7.4 PERSONNEL PLAN 8.0 FINANCIAL PLAN8.1 START-UP FUNDING 8.2 KEY FINANCIAL INDICATORS8.3 BREAK-EVEN ANALYSIS 8.4 PROJECTED PROFIT AND LOSS 8.5 PROJECTED CASH FLOW 8.6 PROJECTED BALANCE SHEET 8.7 BUSINESS RATIOS 8.8 THE INVESTMENT OFFERING8.9 VALUATION8.10 USE OF FUNDS9.0 APPENDICESTABLE: SALES FORECAST TABLE: PROFIT AND LOSS TABLE: PROFIT AND LOSS TABLE: CASH FLOWTABLE: CASH FLOWTABLE: BALANCE SHEETIf you're using a business plan to try to attain a loan for a small business... I took a different business plan for a nightlife company, brought a cofounder with a 680 credit score, and went to Long Beach SBDC and they helped me get approved for a loan from a credit union for $30,000 two years ago. The whole process took less than a week, since we already had our business plan finished prior to showing up. We ended up not taking the loan because our programmer ran off with the money we had paid him prior without delivering our technology.There are Small Business Development Centers, sponsored by the Small Business Association, all across the United States that will help you make a business plan for free, read it, and even shop it out for business loans.If you're using a business plan to attain financing from an Angel Investor or VC, then all that matters is your executive summary and your slideshow. I mean, you still need the other data filled in, but these are the only two areas of which they put their main focus on. However, a lot of investors use two financial analysts to carefully go over every detail within a business plan prior to investing their own cash. So, the fine details are pretty important regardless of what anyone else says. Also, if you need to know how to split equity with your startup, read more here: How much equity do you give early employees when the company is bootstrapped?Read more at my blog: Startups 101: How to Create a Business Plan
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What is Bitcoin (cryptocurrency)?
Bitcoin is a crypto-currency or software that forms a decentralized, peer-to-peer, world-wide payment system, without the control of any centralised authority.The blockchain software resides on thousands of computers, all over the world and is maintained by a mix of ordinary people and more sophisticated computer experts, collectively known as ‘miners’. Bitcoins are transferred via a peer-to-peer network between individuals, with no middleman bank to take a slice.The unit of account in this system is ‘Bitcoin’. A ‘Satoshi’ (named after its creator) is the smallest amount within bitcoin, representing 0.00000001 bitcoin, i.e. divisible down to 8 decimal points.The bitcoin network runs on a software system called ‘blockchain’. The blockchain software can be used to store and send anything of value, so there are companies using it to store documents like property deeds, etc. Blockchain as a technology is becoming popular among banks and other big financial institutions, who want to use it to settle payments on their back-end systems.Bitcoin can be converted into ordinary currency based on its value on that date, or even used to make purchases from sellers that accept bitcoin.The bitcoin blockchain by itself is very secure, but the bitcoins can be stolen from an account by stealing log-on and password info, i.e. ‘private key’ of the account holder and the bitcoin can be sent to another account controlled by the thief. Once bitcoin is transferred, it can’t be recovered.At present, most investors are not really using it like a currency to make payments, but instead, are using it as a speculative investment, with the hope to turn it into profit in the future. As on date, ‘bitcoin’ has not been accepted as a legal tender in India. Japan and Australia have officially accepted bitcoin as a legal currency.Bitcoin is being considered as a genuine innovation that will be around for a long time and help transform money.Positive Implications Of Rise Of This Crypto-Currency:• Governments across the world have already stepped in, to regulate trading in bitcoin, so that it can become a more established part of the financial system. Hence, it will actually legitimize the currency and broaden its adoption for investors.• Some financial experts see the recent surge in bitcoin market as a bubble that may burst. But because the bitcoin market cap is very small, even if it crashed, it would not have a signNow impact on the broader financial markets.• In the recent weeks it has been seen that the global stock market rally has slowed down, but bitcoin has continued to surge higher, which is luring more and more investors to invest in this market.• Slowly bitcoin as a currency is catching on among some retailers, mostly e-commerce: US companies like, Overstock accepts bitcoin, as does Microsoft’s Xbox store, and PayPal and Square allow merchants to accept bitcoin.• The retailers might even encourage customers to pay in bitcoin in future if it costs them less in transaction fees than credit cards do.Negative Implications• Sincebitcoin transfers cannot be traced, bitcoin is often used to purchase drugs or stolen goods or finance other types of criminal activity.• It can become a major source for terror funding across the globe.• It is believed that 40% of the bitcoin are owned by just 1000 people and hence, powerful people or ‘whales’ could collude to influence the price of bitcoin.• Moreover, since there are relatively few buyers and sellers of bitcoin, this market is likely to remain volatile and the ‘whales’ could easily push the price around.• There is a risk that the demand of bitcoin may go down sending its price plummeting. It can happen because of any unforeseen circumstances like, technical problem, regulatory interference, bad publicity arising from the massive amount of electrical power needed to mine for bitcoin, etc.• Bitcoin offers both anonymity and the security of an electronic transaction. Hence, bitcoin can become a sub-economy where people could hide their income and evade government taxes.• Bitcoin is not as liquid as other investments, firstly because settlement can take more than a week, and secondly, amid panic selling, some bitcoin holders might be unable to sell for a fairly long time, resulting in steep losses.ConclusionBitcoin as a crypto-currency is gaining huge popularity. In fact, on 03 March 2017, the price of a bitcoin had surpassed the market value of an ounce of gold for the first time as its price surged to an all-time high of $1,268.However, big banks, brokers and financial institutions have warned that bitcoin currency should not be ushered in hurriedly without adequate transparency, regulatory mechanism and risk assessment.Bitcoin users predict 94% of all bitcoins will have been released by 2024. As the total number creeps toward the 21 million mark, many suspect the profits miners once made creating new blocks will become so low they'll become negligible. But with more bitcoins in circulation, people also expect transaction fees to rise, possibly making up the difference.Source- Implications of Meteoric Rise of Bitcoin Crypto-Currency
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How do I register a Pvt. Ltd. company?
Steps to Register Private Limited Company:-Step 1. Digital Signature Certificate(DSC) RequiredThe first and foremost step to start the registration process is to have directors & shareholders Digital Signature Certificate. Digital Signature are nothing but a USB drive(DSC token) which contains the encrypted digital signature of a person.It is same as a person is signing with a pen on a paper and with digital signature, a person can sign a document on Computer.Step 2. Directors Identification Number(DIN)Directors Identification Number(DIN) are mandatory for every person, who wishes to become a director in any company. PAN card is mandatory to have a DIN number. Director Identification Number is a unique code which has lifetime validity.Documents required for DIN ApplicationPAN CardAdhar CardElectricity BillPhone billMobile BillBank StatementNote: There can be Maximum 15 Directors in a Private Limited Company which can be received by giving Notice to ROCStep 3. Name ReservationAfter having DIN number. Name Reservation Application can be filed through Form INC-1 and Name will be reserved by the DIN numbers of the Directors. Following points should be considered while making the application for Name Reservation.The name should not be similar to any existing company or LLP name.The name should not be similar to any Registered Intellectual Property.In the event of winding-up of a company, the name of such entity will not be available for use for the next 2 years. However, if company winds up by the court order, then the name of such entity will not be available for use for the next 20 years.Step 4. Drafting of Memorandum of Association(MOA) and Article of Association(AOA)Memorandum of Association: It is the constitution of a company. It is a document, which among other things, defines the areas within which the company can act. It states the objects for which the company has been formed. Articles of Association: It contains the rules and regulations relating to the internal management of a company. It serves as a binding contract between the company and its members. Once the company name is approved by the ROC, the subsequent step is to draft the MoA and AoA. The subscribers need to determine their name, address, and occupation in their own particular handwriting and sign the subscription pages of MoA and AoA.Step 5. Certificate of IncorporationAfter the submission and completion of all the necessary documents, the registrar of the company shall retain and register the memorandum and articles. After the registration of the Memorandum of a company, the registrar shall signNow that the company is incorporated. The digitally signed "certificate of incorporation" then will be emailed to the directors.
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What is the best way to obtain a trademark without a lawyer?
By “filing a registered trademark” I presume that you mean filing an application for federal registration of a trademark. As I have said to others, you can file your own trademark but it’s a bit like doing your own root canal — it’s likely to hurt later.That said, just do a Google search and you will find some good summaries of the steps and how-to guides for filing your own application. The entire filing process can be done on line and that part is fairly easy if you do your homework. And remember that you cannot get a registration for an entirely descriptive or generic mark — or a geographical place or surname. Here are the basic steps:INTERNET SEARCH. Do a thorough Google search to see if anyone is using a mark (registered or not for goods or services similar to those you have in mind. The test of registrability is whether your mark is likely to be confusingly similar to existing identifiers, particularly (but not limited to) other registered marks. Minor changes in spelling don’t help you here, and similar pronunciations will be deemed similar despite different spelling. If your mark is a graphic element, it can be very hard to search.USPTO SEARCH. Go to www.uspto.gov. Under the large header you will see a black text heading: “Learn About the Process.” There is a column for patents and a column for trademarks. Read the “Trademark Basics” seciton and the “Trademark Process” section. Then move on down to the “Search Trademark Database.”TESS. Search the trademark database using TESS (Trademark Electronic Search System). You can get to this from several places. The green “Quick Links” bar at the upper right of the USPTO home page will give you a drop down menu for Patents and one for Trademarks. TESS is the topmost item. If your mark is a word select “Basic Word Mark” and search for your mark and similar marks (different spellings for example). Leave the “Plural and Singular” and “Live and Dead” radio buttons checked to get all variations. Put in your search words. And leave the search “Field” as “Combined Word Mark). There is a boolean choice to search for all your words (AND), any of your words (OR) or the exact phrase. Play around with this and see what you find.SIMILAR MARKS. When your list of search results comes up, you will see registered marks, dead and abandoned marks, and live applications. If there are not too many, open them up and look at the “Goods and Services” line. This will give you the international class and the designated goods or services. If you find a live mark that is identical or very similar to yours, for goods or services that are very similar to yours, your best is probably to go back to the drawing board. Dead marks may or may not be a problem. Even if someone let their mark die (for failure to pay renewal fees etc), if they are still using it the trademark examiner will cite it against you. If your proposed mark doesn’t have anything that looks like a deal killer, move on to step 5.DESCRIPTION OF GOODS AND SERVICES. You need to come up with the International Class (actually you don’t but you should try) and you must create a description of your goods and services. You probably know some companies that have products or services similar to yours. Look up their registered marks and see what description they used. In this way you can get an idea of the type of language and the level of detail generally required by the TM examiner. Generic Hint: As you poke around the USPTO web site, you will see how other company’s TMs have been registered and can look at how they dealt with the examiner during the registration process. Essentially, you can leverage the work of other companies’ attorneys by “stealing from the best.” I was tasked with registering the name of a best selling SF & Fantasy author, so I looked at the process used by JK Rowling’s attorneys.ELECTRONIC FILING. Back on the USPTO home page, under the green “Quick Links” button, the second dropdown menu item under Trademarks is TEAS. This is the Tradmark Electronic Application System. There are links there for “first timers” filing on line under “What you should know before filing.” These link to the same “how to” pages noted above. Below that are “Most Commonly Used Initial Application Forms.” This link to the actual on line filing form. You need to select one of these.TEAS OPTIONS. I recommend you go with TEAS Reduced Fee Form. There is a cheaper version (TEAS Plus) but to use that you have to get your goods and services description from a pre-approved list and I don’t have time to explain how to use the IDS manual. To get the $275 filing fee version you do have to provide an email and agree that the USPTO can use email for all communications. The form will guide you through the application process. Read everything carefully and you can get through this you will need:Name and address of the applicant (is it you or your company).The mark. If it is a word mark you just type it in. If it uses a font, special style, or graphic, you need to upload it as an image (use JPEG). There are instructions as to the size of images and the system will tell you if you are too large or too small. You will describe the mark. If text, just say the word. You can indicate upper, lower, title, or other case if it is relevant. A word mark protects you from any confusingly similar variant so don’t get too uptight. If your mark is or has graphic elements, you need to describe it. “A square with a circle inside in which the word ____ is printed in upper case sans serif letters” for example. The examiner will fix (or require you to fix) this if you don’t use standard USPTO type of expressions. Unless you are claiming color as an aspect of the mark (there is a box to check for this) do not use color in the mark specimen and do not use words indicating color. Even if your mark is black and white, you can’t use “black” or “white” in the description. Use “dark” and “light” if you need to say, “a dark circle with light text.” Plain text marks show up as black. If you have to upload a graphic mark, it must be in black and white — this does not mean grayscale. You may need to use lines or stippling to show, for example, shading. There is a box to check to indicate that stippling is used to show shading. Read carefully and you’ll probably do it right. If you don’t, it will be fixed during the examination process.The International Class. If you have a good handle on this select the class. You can leave it blank if you have no idea. In either case the examiner will fill it in or correct you if you are wrong.Enter the description of goods and services. Pay attention to the instructions as there are prefatory words outside the text box. Don’t repeat “The mark consists of . . .” or the period that is outside the box at the end. As noted above, the processing of your application will deal with any inadequacies of the description.You will have to select the “Filing Basis.” Filing basis 1A is for marks that are in use, in which case you must submit actual specimens of the mark as it is used. For goods, that means images of the goods or packaging with the mark on it. For services, brochures or web pages with actual offers of the service are required. It can’t be just an ad. For ecommerce we use the web page that lets you order the goods or services. If you are not using the mark yet (or optionally even if you are already using it) you can file under section 1B which is the ITU or “intent to use” application. It works just the same, except that you will file your specimens of use later when you actually start using it and pay an additional $100 filing fee to do so. There is a box to check where you verify that you have a bona fide intent to use the mark.There is a page that checks whether you have done everything right and that will highlight any technical corrections you need to make. If it’s good to go, you electronically sign the mark by typing your name and then your signature is /your name/ with front slashes around it. Once this is done, it takes you to the payment page. Pay by credit card and you have an application pending.WHAT’S NEXT? You are now pending. You will receive a receipt/acknowledgement by email immediately. You may get some communication shortly about how your mark is being classified for search purposes, but no response is necessary. Between 4 and 8 months from filing (probably - I’m seeing about 5 months in most of the classes I file in) you will probably receive an “office action.” T his could be a rejection of your mark due to similarity or other causes. If so, it will tell you which marks and why. You can can take issues with the examiner’s conclusion, but that’s where it gets complicated. More than likely, the examiner may require you to disclaim common words “apart from the mark.” If your mark is “Zubulu’s Amblongus Pies,” you will get a request to disclaim rights to the word “pies” apart from the mark. This means only that you don’t acquire any unique rights to “pies” except as it occurs as part of your mark. Thus another mark that was Levalo’s Runcible Pies” would not infringe. The examiner may also require you to restate the description of the goods and services, often by adding detail. In many cases they recast your language slightly and then ask you to add: “namely, ___________” to narrow what is covered. Sometimes the examiner will determine that your description spans more than one class. I see this often with software that is both and app and a service. If so, you need to add a class and pay another filing fee ($275 per class).OFFICE ACTION RESPONSE. You have 6 months to respond to an office action. If you don’t respond the application will be deemed abandoned. The office action response can be done electronically. If it is relatively simple (adding a class, disclaiming a word, or tuning up your description, it’s easy to do on line with some check boxes and text boxes. If there are subtle legal issues involved, you will need to submit your arguments as an attached document. This is where you find that maybe you needed a lawyer after all.CONCLUSION. If you have a unique mark and are willing to put in quite a bit of time to learn the application niceties and do it right, the chances of successfully pursuing your own registration are pretty good. That said, what is your time worth? Do you want to spend 10–20 hours to get it right or would you be better off paying a lawyer to file for you and spend the time building your business? You can get an attorney to do the application fairly cheaply, and probably for a fixed price. The unpredictability at the office action stage is what makes most pro se filers give up and walk away.Good luck!
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Is there any country where "Swaraj" like model of governance has been implemented successfully?
Is there any country where “Swaraj” like model of governance has been implemented successfully? Yes, if you understand the concept of ‘Swaraj’, you will find many examples within Ancient and Modern India as well as across the ancient and modern world where this concept has been used successfully in managing the affairs of various groups of people, be it a community, a country, a company or any other organization of people requiring to be administered. In 1909, Gandhi, on board a ship sailing from England to South Africa had written a small book in 10days, titled ‘Hind Swaraj’ which means ‘Indian Home Rule’. The original Gujarati version of this book was published in the ‘Indian Opinion’ and soon banned by the then Indian Government; the ban was lifted in 1938. To understand this concept of Swaraj and the controversy surrounding it, I will quote some of the words of Gandhi himself: “If man will only realize that it is unmanly to obey laws that are unjust, no man’s tyranny will enslave him. This is the key to self rule or home rule”. So, what exactly is Swaraj? In Gandhi’s own words: “It is Swaraj when we learn to rule ourselves…. One drowning Man will never save another” I think in its most simple form, Swaraj is about decentralization of power at the lowest possible level, in such a way that they can take their own decisions in matters that do not need government interference. Swaraj states that matters which directly affect an individual’s capacity (as well as the capacity of those who come under his or her guardianship) to perform as citizens of the domestic and national economy cannot be decided by a few individuals or organizations with vested interests. The masses need to be empowered such that they do not end up working for the government which functions as an independent organization working towards economic and social development. Instead the government should function as an elected body of individuals working for the masses. As Gandhi states in his book: “I believe that you want the millions of India to be happy, not that you want the reins of government in your hands. If that be so, we have to consider only one thing, how can the millions obtain self-rule” It does not state that the govt. should take public opinion before deciding on matters of national importance like defense or monetary policy but the interests of locals should not be sacrificed for attainment of national goals. Though the principles of “Swaraj” support democracy, it does not argue against or favor capitalism or socialism as the most constructive form of governance. Neither does Swaraj state that electoral democracy alone can guarantee success.Success with “Swaraj” requires a sturdy protection for basic freedoms. It requires a broad citizen respect for open debate and dissent, and most importantly, it requires leaders who understand the limits of their rightful authority. Anarchy and Revolution do not signify flaws with the form of governance but these are the symptom of “absence of Swaraj” in any form of governance.And if only one understands this, it becomes easy to find models within the real world that demonstrate the success of “Swaraj” or Self-Rule (of the people). To quote a few examples from the world: Uruguay, a small country in Latin America with a population of around 3million plus people around 8-9 years back, for the first time, elected their own government. A socialist party that came into power with an idealistic mission of raising the general standard of living of the people and bring about economic reforms that would strengthen their democracy and improve quality of life. In a referendum promoted by the National Commission for the Defense of Water and Life, (made up of the trade union representing the employees of the state-owned water and sewerage company) more than 60 percent of the population came out in favor of introducing a constitutional clause stating that "water is a natural resource essential to life" and that access to piped water and sanitation services are "fundamental human rights". And whats the result?A constitutional amendment now "Secures the protection and sovereignty of this natural resource against attacks from transnational corporations transcending the national limits of Uruguay and setting a strong political precedent for the whole region." The International Monetary Fund and World Bank have actively encouraged the privatisation of water resources in the developing South, making privatisation a condition for granting loans. (It must be remembered that in just a few years time, a handful of companies will control almost 75 percent of all water for human consumption in the world, as an increasing number of governments privatise water and sewerage services). The concentration of power in the hands of a single corporation and the inability of governments to reclaim management of water services allows corporations to impose their interests on government, reducing the democratic power of citizens. But Uruguay’s referendum set a historical precedent not only in the region, but in the world. Another example is of Switzerland, a country with a population of over 8 million follows a system called ‘Direct Democracy’ which enables the citizens of the country to the right to submit a constitutional initiative and a referendum, both of which may overturn parliamentary decisions. By calling a federal referendum, a group of citizens may challenge a law passed by Parliament, if they gather 50,000 signatures against the law within 100 days. If so, a national vote is scheduled where voters decide by a simple majority whether to accept or reject the law. You can read more about this here http://en.wikipedia.org/wiki/Swi... Another example is the United States, where, despite being a federal republic where no direct democracy exists at the federal level, almost half the states (and many localities) provide for citizen-sponsored ballot initiatives (also called "ballot measures" or "ballot questions") and the vast majority of the states have either initiatives and/or referendums. The first mainstream direct democracy party to be registered with any country's electoral commission [checked against each country's register] is the UK's People's Administration Direct Democracy party. The People's Administration have developed and published the complete architecture for a legitimate reform to EDD [including the required Parliamentary reform process. Electronic direct democracy (EDD), also known as Direct Digital Democracy (DDD), is a form of direct democracy which utilizes telecommunications to facilitate public participation. Infact, what we call by the name of “Swaraj” in India has been taking shape in many parts of the world through different names as small initiatives and attempts, there have been several attempts in many countries to introduce a more inclusive form of government. Following is a book written by Takis Fotopoulos, a greek political philosopher and economist who founded the ‘inclusive democracy’ movement. http://www.inclusivedemocracy.or... 'Demoex’ is a local Swedish political party and an experiment with direct democracy in Vallentuna, a suburb of Stockholm, Sweden. It uses the Internet to make it possible for any member to participate in the local government. Demoex has a representative in the municipal council, who votes in the council according to a poll that is held beforehand on the website of the party. This is unlike traditional representatives, who vote according to their own views or their party's views. Every Vallentuna resident older than 16 years can register on the website to vote; anyone in the world can take part in the debates, if they can write in Swedish. Voters do not have to vote on all issues; the fewer votes on an issue, the more weight each vote carries. To boost participation, the party allows users to choose someone to advise them on a particular topic. Demoex was founded on March 6, 2002, and won a local election in the municipality Vallentuna that year. http://en.wikipedia.org/wiki/Demoex Change 2011 (Finnish: Muutos 2011, Swedish: Förändring 2011) is a Finnish political party founded in 2009. The chairman of the party is Jari Leino, an entrepreneur. The party's name refers to 2011 Finnish parliamentary election, the first election the party participated in. The party's main goals are direct democracy, freedom of speech, and the interest of the citizens of Finland. The party also wants to “rationalize” immigration politics, and have “just sentences” given for violent and sexual crimes. http://www.muutos2011.fi/And there are many such initiatives around the world most of which are in the stage of being a movement. Not to miss out India, where an Income Tax Officer decided to form his own party and fight elections so he can implement a form of ‘Swaraj’ in his country. (he also published a book by the same name). It’s a shame that the local media, elite and govt officials try to undermine this effort by calling it anarchy, imperfect, etc., but then most efforts in other countries too have had similar fate though many continue the fight for the model of governance they believe can overcome the shortcomings of the socialist communist governments of the past and the Capitalist society imposed on the governments of many countries by the west. You can read more about it on the web by just typing the words ‘direct democracy’ or ‘inclusive democracy’, ‘Visions of a Free Society’ in google or watching documentaries of the same name on You Tube. This is about the political parties, did you know that there is also a democratic school? Infact there are many such initiatives in many fields across the world: A democratic school is a school that centers on providing a democratic educational environment featuring "full and equal" participation from students and staff. These learning environments position youth voice as the central actor in the educative process by engaging students in every facet of school operations, including learning, teaching, leadership, justice, and democracy, through experience. Adult staff support students by offering facilitation according to students' interests.Sudbury model of democratic education schools are run by a School Meeting where the students and staff participate exclusively and equally. Everyone who wishes to attend can vote, and there are no proxies. As with direct democracy elsewhere, participants are usually only those who have an interest in the topic. Summerhill School in England has operated a direct democracy approach to decision making for over 90 years and has often come into conflict with the UK government as a result. The school won an appeal to the High Court in 1999 after it was threatened with closure. A joint statement confirmed that: "The minister recognized the school had a right to its own philosophy and that any inspection should take into account its aims as an international 'free' school ... both sides went on record as agreeing that the pupils' voice should be fully represented in any evaluation of the quality of education at Summerhill and that inspections must consider the full breadth of learning at the school – learning was not confined to lessons".
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