Business and legal Archives - MI-Law https://www.michigan-lawoffice.com/category/business-and-legal/ Your guide to Michigan's legal matters Thu, 24 Aug 2023 12:12:55 +0000 en-US hourly 1 https://wordpress.org/?v=6.3 https://www.michigan-lawoffice.com/wp-content/uploads/2023/08/MI-Law-150x150.jpg Business and legal Archives - MI-Law https://www.michigan-lawoffice.com/category/business-and-legal/ 32 32 Administrative Law and Disputes with Government Bodies in Michigan: Appeals and Claims https://www.michigan-lawoffice.com/administrative-law-and-disputes-with-government-bodies-in-michigan-appeals-and-claims/ Mon, 27 Feb 2023 18:17:00 +0000 https://www.michigan-lawoffice.com/?p=26 Administrative law is an important aspect of the legal system that governs how citizens and organizations interact with government agencies and organizations. In the state […]

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Administrative law is an important aspect of the legal system that governs how citizens and organizations interact with government agencies and organizations. In the state of Michigan, administrative law covers a wide range of issues, from issuing licenses to resolving disputes with government agencies. In this article, we will look at important aspects of administrative law and the appeals process.

Administrative decisions and the appeals process

State agencies and departments in Michigan make a variety of decisions that affect the rights and interests of citizens and businesses. These may include decisions to issue licenses, tax assessments, building permits, and others. If you disagree with a body’s decision, you have the right to appeal.

The appeal procedure may vary depending on the specific situation. It usually involves filing an appeal or complaint against an administrative decision. This may require preparing documents, submitting evidence, and attending a hearing.

Disputes and lawsuits with government agencies

In the case of serious disputes with governmental bodies or agencies in Michigan, when appealing a decision does not produce the desired result, you may decide to file a lawsuit in court. This may be necessary, for example, when appealing tax assessments, challenging licenses, or protecting your rights in public services.

Finding help

Disputes with government agencies can be complex and require a thorough understanding of administrative law. When these situations arise, it is recommended that you contact an experienced attorney who specializes in administrative law. An expert will help you understand your rights, assess the situation and develop a defense strategy.

Administrative law in Michigan is essential to ensuring fairness and monitoring the actions of government agencies. Knowing your rights, appeal procedures, and the ability to file a lawsuit will help protect your interests in situations where interactions with government entities raise questions and disputes.

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Employee Rights and Labor Protection in Michigan: Layoffs, Discrimination, and Wages https://www.michigan-lawoffice.com/employee-rights-and-labor-protection-in-michigan-layoffs-discrimination-and-wages/ Fri, 12 Mar 2021 16:40:00 +0000 https://www.michigan-lawoffice.com/?p=20 Labor relations in Michigan are governed by a complex set of laws and regulations that protect the rights of employees. In this article, we will […]

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Labor relations in Michigan are governed by a complex set of laws and regulations that protect the rights of employees. In this article, we will examine key aspects of labor protections in Michigan, including layoffs, discrimination, and wages.

Layoffs: protections against wrongful terminations

Michigan law provides employees with certain rights in the event of a layoff. Most employment relationships in Michigan are “at-will,” meaning that an employer can terminate an employee without giving a reason. However, there are exceptions where termination is considered unlawful, such as in cases of discrimination, retaliation, or violations of other labor laws.

Workplace discrimination: prohibitions and defenses

Michigan law also strictly prohibits discrimination in the workplace based on race, sex, age, national origin, religion, and other characteristics. Employees are entitled to fair and equitable treatment. In cases of discrimination, an aggrieved employee can go to court and seek damages.

Salary and wage relations

Wages in Michigan are governed by minimum wages that are set by law. Employers are required to comply with these standards and ensure that wages are paid in a fair and timely manner. In addition, there are equal pay laws for the same work for men and women.

Labor protections in Michigan are a complex set of regulations and laws designed to ensure fairness and equality in the workplace. Knowing your rights and responsibilities is important for both employees and employers to enforce the laws and prevent violations. When employment rights are violated, employees have the right to defend themselves and seek help from employment law professionals.

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U.S. Corporate Law https://www.michigan-lawoffice.com/u-s-corporate-law/ Sat, 19 Jan 2019 22:07:00 +0000 https://www.michigan-lawoffice.com/?p=32 U.S. corporate law governs the governance, finance and power of corporations in U.S. law. Each state and territory has its own basic corporate code , […]

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U.S. corporate law governs the governance, finance and power of corporations in U.S. law. Each state and territory has its own basic corporate code , while federal law sets minimum standards for trading in company stock and management rights , which are largely contained in the Securities Act of 1933 and the Securities Exchange Act of 1934 , as amended by laws such as the Sarbanes Act . -Oxley Act of 2002 and the Dodd-Frank Wall Street Reform and Consumer Protection Act . The U.S. Constitution has been interpretedThe U.S. Supreme Court allows corporations to incorporate in any state of their choice, regardless of where their headquarters are located. During the 20th century, most large corporations were incorporated under the Delaware General Corporation Law , which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has done the same. Twenty-four states follow the Model Business Corporation Act, while New York and California are important because of their size.

Corporations and civil law

Corporations are consistently classified as ” legal persons” by all modern legal systems, which means that, like natural persons, they can acquire rights and obligations. A corporation may be incorporated in any of the 50 states (or the District of Columbia) and may be authorized to do business in each jurisdiction in which it does business, unless the corporation is sued or sued under a contract, the court, regardless of where the corporation is headquartered or where the transaction occurred, will use the law of the jurisdiction in which the corporation was incorporated (unless the contract specifies otherwise).

All large public corporations are characterized by limited liability and centralized management. When a group of people go through incorporation procedures, they acquire the rights to enter into contracts, own property, file lawsuits, and will be liable for torts, or other violations, and sue. The federal government does not register corporations (except national banks, federal savings banks, and federal credit unions), although it does regulate them. Each of the 50 states and the District of Columbia has its own corporate law. Historically, most large corporations have chosen to incorporate in Delaware, even though they operate nationally and may have little or no business in Delaware itself. The extent to which corporations should have the same rights as real people is debatable, especially when it comes to the fundamental rights enshrined in the U.S. Bill of Rights. By law, a corporation operates through the real people who make up its board of directors and then through the officers and employees who are appointed on its behalf. In some cases, shareholders can make decisions on behalf of the corporation, although in larger companies they are usually passive. Otherwise, most corporations assume limited liability, so that shareholders generally cannot be sued to pay the corporation’s business debts. If a corporation becomes bankrupt and cannot pay its commercial creditors when their debts come due, state courts in some circumstances allow the so-called “veil of incorporation” to be opened and thus hold the people behind the corporation liable. . This is usually rare and in almost all cases involves nonpayment of trust fund taxes. or willful misconduct essentially amounting to fraud.

In Michigan, forming a corporation requires following a certain procedure. This includes filing articles of incorporation, defining purposes, approving articles of incorporation, and holding a shareholders’ meeting. Corporations can have different organizational structures such as a board of directors, president, secretary, etc., depending on their needs and size.

The board of directors plays a key role in the governance of the corporation. In Michigan, this body has the power to make strategic decisions, appoint management, approve budgets, and oversee operations. Directors have a duty to act in the best interest of the corporation and its shareholders.

In the event of mergers, acquisitions, or other corporate reorganizations, Michigan has strict rules and procedures. These include informing shareholders, obtaining governing body approval, and complying with antitrust laws.

Corporations in Michigan are also required to file financial statements within a set time frame. This promotes transparency and trust from shareholders and other stakeholders.

Michigan law also protects shareholder rights and provides mechanisms for resolving disputes. Corporate managers owe duties of loyalty and sensitivity to shareholder interests.

Corporate law in Michigan provides a framework for the organization and governance of corporations. Understanding these rules and complying with them is essential to successful business operations. It is recommended that you seek advice from legal professionals in corporate law to ensure that your business is in compliance with the law.

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Procedure for Buying Real Estate in the United States https://www.michigan-lawoffice.com/procedure-for-buying-real-estate-in-the-united-states/ Sat, 09 Jun 2018 03:01:00 +0000 https://www.michigan-lawoffice.com/?p=29 US real estate is seen as a safe investment. In addition, the country is popular for immigration. How to find a suitable object, what you […]

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US real estate is seen as a safe investment. In addition, the country is popular for immigration. How to find a suitable object, what you need to know before making a deal, whether it is possible to take a mortgage and how much you will have to pay over the price of the object? We tell you everything in detail.

It is possible to formalize the transaction either for an individual or a legal entity. Market professionals recommend the second method, thanks to which you can protect the property from inheritance and gift taxes, as well as limit the owner’s liability in case of an accident. It is best to consult a tax lawyer before making a decision.

What rights a foreigner gets after buying real estate in the USA

The purchase of real estate is not a sufficient basis for obtaining a residence permit in the United States. Nevertheless, under certain conditions, it will help to obtain a business visa.

Thus, EB-5 visa can be obtained when buying an investment property worth $1.05 million (under certain conditions, the amount is reduced to $ 800 thousand). It can be, for example, an apartment building, shopping center or hotel. At the same time it is necessary to provide permanent employment for at least ten people, and the business must be break-even.

Types of real estate in the United States

The following housing options can be found on the US market:

  • private house (single family house),
  • condominium (condo or apartment in an apartment building),
  • townhouse,
  • co-op.

A private house is usually owned by the family that owns it, while the other types of real estate imply a neighborhood of several owners. In this case, an association of owners takes over the management of the dwelling.

In the simplest case, they determine the regular fees and the expenses that will be covered (garbage collection, security, cleaning, etc.). Often, however, the association also decides whether owners can keep dogs, cats, and other pets in their homes, and the number, weight, and type of these animals may be determined. In addition, the association may establish rental policies and even decide who can and cannot own or live in the home.

A cooperative is a special form of ownership that involves the joint ownership of real estate. Each co-owner in a cooperative does not buy a separate apartment, but receives a certain number of shares or a share in the common property that corresponds to the value of his or her apartment.

Buying a home belonging to an association has its own peculiarities. In particular, you must first apply to join the association and pay a fee. In addition, it will be more difficult to get a loan to buy a home in a cooperative, as you will need to be approved by the cooperative. This will limit your options for both buying and selling (since the potential buyer will also need to be approved).

Who else is involved in a real estate transaction

In addition to a realtor, you may need the services of a mortgage broker, attorney, accountant, and translator.

  • A mortgage broker will find you the best terms for a bank loan.
  • A lawyer will deal with drafting contracts, registering real estate, obtaining a certificate of ownership of real estate. He is also responsible for the legal cleanliness of the transaction.
  • An accountant will be needed if you plan to rent out your home. In this case, you will need to fill out an annual tax return, and it is better to entrust this to a specialist. Also at the purchase stage, you will probably need to consult a tax advisor.

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