CJ Jouhal
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An Entrepreneur that leverages technology to grow and enhance a business. A Technologist that understands business and entrpreneurship and makes technology facilitate the business model.

These are my ramblings about business, technology, startups and whatever else.

Archive for November, 2020

How Does The Schengen Agreement Work

Monday, November 30th, 2020

The concept of free movement was originally intended to allow the European labour force to settle freely in any EU Member State, but the abolition of border controls within the EU remained behind it. A breakthrough took place in 1985, when cooperation between governments led to the signing in 1990 of the agreement on the phasing out of common border controls in Schengen (a small village in Luxembourg), followed by the signing of the agreement to implement the convention in 1990. Implementation of the Schengen Agreements began in 1995, with the participation of seven EU Member States. Developments from the Intergovernmental Initiative, which were triggered by the Schengen Agreements, have now been incorporated into EU rules. Today, the Schengen area covers most EU Member States, with the exception of Bulgaria, Croatia, Cyprus, Ireland and Romania. However, Bulgaria, Croatia and Romania are currently in the process of joining the Schengen area. From third countries, Iceland, Norway, Switzerland and Liechtenstein have joined the Schengen area. With the entry into force on 1 May 1999 of the Schengen Protocol of the Treaty of Amsterdam of 2 October 1997, Schengen cooperation was transposed into EU law, initially solely on the basis of an international agreement. The relevant authorities must respond to enquiries as soon as possible and no later than sixty days after the date of the request. They must respond as soon as possible and no later than three months after the date of the request for rectification or cancellation and inform the person of the actions they have taken. When national rules provide for shorter reaction times, these shorter periods apply.

Germany has no shorter reaction time. This means that Schengen Member States that were not part of the EU have few formally binding options to influence the development and development of Schengen rules; their options are effectively reduced to approval or exit from the agreement. However, consultations are being held with the countries concerned prior to the adoption of certain new provisions. [14] In December 1996, two non-EU states, Norway and Iceland, signed an association agreement with the countries that signed the Schengen accession agreement. Although this agreement never entered into force, the two countries were part of the Schengen area following similar agreements with the EU. [9] The Schengen Agreement itself was not signed by non-EU states. [10] In 2009, Switzerland officially concluded its accession to the Schengen area by adopting an association agreement by referendum in 2005. [11] The internal market, a single market between Member States, allows the free movement of people, goods, services and money. EU citizens have the absolute freedom to study, work, live and retire in every EU country. Originally, the Schengen treaties and the rules adopted between them were officially independent of the EEC and its successor, the European Union (EU). In 1999, the Treaty of Amsterdam incorporated them into EU law, which codified Schengen into EU law and also introduced opt-outs for Ireland and the Kingdom, the latter having taken place since its withdrawal from the EU. EU Member States that do not yet have an opt-out and have not yet joined the Schengen area are legally obliged to do so if they meet the technical requirements.

Admission Of New Partner Agreement

Monday, November 30th, 2020

9. The amendment of the statutes made by this agreement is notified or registered in accordance with the legal requirements of the Partnership Act and the Income Tax Act. This agreement will be reached at this…….. Day of ………. between Mr. A and Mr. B, the following, jointly referred to as the existing partners of a party, and Mr. C below is designated as the other party`s new partner. 2. The partnership activity is managed under the same name as the one mentioned above and is managed in the same place of activity as before. With the accession of a new partner, the partner company will be restructured and a new agreement will be reached; continue the company`s business activities.

A new partner receives 2 primary rights in the company: 1. Existing partners accept the new partner as a partner with the company`s existing partners or on behalf of M/s A B and Company…….. Day ……….., 2000. With the accession of a new partner, the partnership company is reconstituted and all partners conclude a new agreement on the exercise of the company`s activities. And while existing partners now wish to welcome the new partner as an additional partner, the new partner is also ready to join the partnership under the following conditions. A company is looking for new partners, with business expansion being one of the driving motivations. In accordance with the Partnership Act 1932, a new partner may be admitted into the company with the agreement of all existing partners, unless otherwise agreed. Now it is agreed to and between the partners, as follows – 7. In the event of a disagreement on a business issue, the opinion of the majority is final and binding on all partners. Few of the essential points that need to be observed when admitting a new partner are mentioned below: 4.

Shares in investments, including value, such as that day…….. The following conditions have led to the arrival of a new partner: A new partner has the right to be part of the future profits of the company when it is included in the company. The act of admission of a new partner also reduces the future interest rate of existing partners. This is why a new partner must bring, in addition to capital, an added value called premium for goodwill. 5. The parties` shares in the company`s net profits and losses are as follows: 3. The activity of the partnership will be the same as that currently carried out and may be modified or added with the agreement of all partners. 8. Subject to the provisions provided for, the conditions set out in that partnership company apply from the …….. is bound, for the parties, as if the honourable. C in question participated and that, as noted above, the twinning act in question is considered to be a social basis between the parties in the agreement amended by this agreement.

The treatment of the value when welcoming a new partner will be based on the following conditions: And while the new partner is ready to bring a capital premium of rupees……. In the company During Mr. A and Monsieur . B on behalf of M/s. A B and society from the day……..

Accounting For Non Compete Agreements

Friday, November 27th, 2020

The proposed amendments to the Income Tax Act mean that any amount collected by the seller for a restrictive volume of federal charges is considered normal income for income tax purposes.3 The purchaser generally treats the costs the way the seller treats the income; in this case, it would be a deductible commercial charge. There are a few exceptions to this general income integration rule. An exception is that the funder and the grante jointly choose, in a prescribed form, with their tax return for the year, that the amount is an eligible investment amount for the purchaser and an eligible capital amount for the donor. It is therefore necessary for the parties to determine the value of non-competition measures to ensure that there are no unintended tax consequences. The direct approach is to determine the present value of potential future economic damage that would result directly from the non-application of a non-compete agreement. The direct approach is a little simpler, as it involves estimating direct damage caused by competition, usually in the form of a percentage of lost revenue. This method is used more often because only an estimate of future operating results is required, making the analysis less tedious. Both methods should, if properly applied, lead to a similar value conclusion. Can a CPA company obtain an injunction to enforce a non-compete agreement? A CPA company can only win a lawsuit if a former employee causes harm to the company, so that all public courts that recognize non-competition prohibitions give employers the right to obtain an injunction that, in certain circumstances, enforces the agreement. A CPA company, in agreement with its lawyer, must highlight three things in order to obtain such an injunction: nevertheless, non-competition prohibitions are allowed in many legal systems. For a non-compete clause to be legally applicable, it must be written as part of a contract, and an employer must be able to demonstrate: how does a company act when a former employee violates a non-compete agreement? It is not uncommon for a client to notify a CPA company when a former employee asks for his or her activity. In this case, the company must decide whether to call the client to testify on behalf of the company. If he or she does not testify against the former employee in court, the company is in a difficult situation.

It may compel the client to do so (and probably coerce him) or may allow the client not to testify and may not be able to provide legitimate evidence of an offence. On the advice of their lawyers, some companies find it easier to resolve their dispute or try to resolve it outside the courts. Projected cash flows after taxes with non-competition clause In various cases, however, the courts treated the federal state as capital. In the applicant Ullman, the Tribunal found that the Confederation was not separated from the acquired asset (264 F.2d to 307-308) if “an alliance is so closely linked to a sale of goodwill that it has no autonomous meaning, except only to ensure the effective transfer of that goodwill.” Similarly, a non-compete agreement is required to ensure the transfer of goodwill, and payments made under these payments can be treated as if they were made for the sale of an asset. [5] Referring to Schultz, the Allison court stated that in order to create non-competition agreements, you obtain the services of a lawyer who has drafted and sued them and who knows how the courts deal with related issues. 2. The agreement protects a good-faith commercial interest. Although the precise definition of legitimate commercial interest is governed by domestic law, this requirement generally reflects the need to maintain valuable customer relationships and/or protect proprietary information from competition.

A Non-Disclosure Agreements

Friday, November 27th, 2020

It is a contract by which the parties agree not to disclose the information covered by the agreement. An NDA creates a confidential relationship between the parties, usually to protect any type of confidential information and business owners or secrets. Therefore, an NDA protects non-public business information. Like all contracts, they cannot be enforced if contractual activities are illegal. NDAs are often signed when two companies, individuals or other companies (for example. B, partnerships, companies, etc.) plan to conduct transactions and must understand the processes used in the other entity`s activities to assess the potential business relationship. NDAs can be “reciprocal,” meaning that both parties are limited in their use of the materials provided or may limit the use of the material by a single party. An employee may be required to sign an NDA or NOA agreement with an employer to protect trade secrets. Indeed, some employment contracts contain a clause limiting the use and dissemination of confidential information held by companies.

In settlement disputes, parties often sign a confidentiality agreement on the terms of the settlement. [1] [2] Examples of this agreement are the Dolby Brand Agreement with Dolby Laboratories, the Windows Insider Agreement and the Community Feedback Program (CFP) with Microsoft. During your business or job, you will probably be asked to sign someone else`s confidentiality agreement. Keep in mind that confidentiality agreements may be included in other documents, so you should look for topics such as “confidentiality,” “confidential information” or “non-disclosure.” Sometimes the parties sign a mutual confidentiality agreement in which they agree not to disclose confidential information about each other. A mutual NOA is useful when two companies need to exchange information, for example. B when considering a merger or joint venture. Whether you`re designing one in depth or using a confidentiality agreement form, an NDA is a great way to protect confidential business information from public disclosure before it`s ready. If you receive confidential information from others on a regular basis, it is likely that you will also be asked to sign your NDAs.

Make sure you read them first and understand your commitments. At the same time, confidentiality agreements often exclude certain information from protection. Exclusions may include information already considered to be public knowledge or data collected prior to the signing of the agreement.

20-Point Agreement

Friday, November 27th, 2020

I leave it to the readers of Sarawak to mentally verify what happened to Sarawak and whether the 20-point agreement was respected by the federal government. Here is the point of this history lesson: when we talk about the 20-point agreement, what do they refer to? The agreement was written as the main objective of safeguarding the interests, rights and autonomy of the people of Sabah after the formation of the Malaysian Federation. Initially, Sabah was expected to be one of the federation`s four units, the others being Malaya, Singapore and Sarawak. But by the time, Sabah and Sarawak were only among the 13 states of the Federation. You can get the 18-point agreement in datuk Amar James Wong Min Kims book entitled “The birth of Malaysia the Report of the Commission of Enquiry, the report of the Inter-Governmental Committee, 1962, and the Agreement Concluded Between the united Kingdom of Great Britain and Northern Ireland the Federation of Malaya… I told you that. its available in beautiful`s bookshop – that is if you think the 20point 18point deal is not valid/real on Wikipedia. The NL governments have prepared to pursue a programme of Islamization without any sensitivity to the spirit of the agreement on Christianity and other religions. There is one point on which the Initiative of Islamization gives the impression that Islam is the official religion of Sarawak. On 31 July 1962, more than a year before Malaysia was officially established, Tunku Abdul Rahman and British Prime Minister Harold Macmillan signed an Anglo-Malajate agreement in which they stated that they had “decided in principle that the proposed Malaysian Federation would enter into force on 31 August 1963”. And do your facts correctly, Sarawak or Sabah is not a state of Malaysia… we are a merger or partnership that has been asked to join the Westies just to win the majority of Bumiputra, or else it has been called the majority “Malays”. Are you asking me to grow up? I`ve grown up. Leadership that has severely hampered the growth of our Sarawak, both economically and socially.

Why are the Westies so afraid of us, the Sarawakian, to make a difference? We just want you to persevere until the end of the agreement, when you asked us to join us and form a country called Malaysia. That`s all. If our leaders have made a mistake in their extremities, then we must change it to do it properly and correctly.

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