What is a corporate minute book and why you need one?

A corporate minute book operates as the official record of your corporation’s activities. Any and all corporate transactions that involve your corporation should be documented in this book. Below are some documents that must be included:

• Articles of incorporation

• Corporation by-laws

• Registers of directors, officers, and shareholders’

• Resolutions of the directors and officers

• Notices and registrations filed with the registry

• Share certificates

• Meeting minutes

• Shareholders’ agreement

Essential Elements of an Employment Contract

As your small business begins to grow you may start considering hiring additional employees. When undertaking this process, it is important that you not only protect your business but also your employees. A good way to do this is through an employment contract. An employment contract is a legal document that outlines the terms and conditions for both, the employer and employee. Here are some essential elements that should be included in all employment contracts.

Terms of employment

The terms make up one of the most important elements. You want to specify whether it is a full-time, part-time, or temporary position. You may also want to indicate the length of the employment with a specific end date if the position is temporary. It is also important to indicate if you are going to implement a probationary period. Details such as the length of this probationary period should be included.

Understand the essentials of employment contracts with Parr Business Law.

In this article, we’ll cover the following topics:

- What is a non-competition clause?

- What is a non-solicitation clause?

As a business owner, you’ll encounter non-competition and non-solicitation clauses in all manner of contractual documents: employment agreements, shareholders’ agreements, partnership agreements, and more. As such, it’s important to understand what they are and how they’re different from each other.

Non-Competition Clause

Often found in employment agreements, non-competition clauses prohibit a person from engaging in competitive behavior with the business for a set period of time. Under a non-competition clause, an employee who recently quit or was fired isn’t allowed to begin working immediately for a competitor; often they will need to wait several months, sometimes a full year, before they can do so without risking legal repercussions.

Why Every Canadian Business Needs a Shareholders’ Agreement

In this article, we’ll cover the following topics:

• Why shareholders’ agreements are useful

• The legal power of shareholders’ agreements

• The shotgun clause

• Default provisions

Shareholders’ agreements are notoriously frustrating documents, mainly because they are long – in some cases, 60 pages long – and loaded with confusing legalese. Yet they are among the most important documents in any business owner’s arsenal, and having competent counsel on your team can help to eliminate some of that confusion.

Don’t believe me? Here’s a story that will change your mind…

How to Avoid Lawsuits: A Guide For Canadian Business Owners

In this article, we’ll cover the following topics:

- How to protect your business from lawsuits

- Overcommunicate

- Shareholders’ agreements

- Corporate structure

- Holding companies

- Appropriate contracts

In this article, we'll cover off some of the nuances of that and ensure that if you are thinking about making use of the principle rents exemption that you are doing it properly. So the first thing you want to keep in mind is that the exemption needs to be reported.The principal residence exemption allows you to sell a property and not pay any tax on it, the capital gain that you would normally accrue from the sale of that property doesn't apply. Since 2016, the CRA has required that this exemption be reported on your personal income tax return. So you want to make sure that you're working with your accountant to ensure that that is done.The second criteria is that residence exemption is only going to apply to a property that you actually live in. So a property the CRA uses the term 'ordinarily inhabited.' So while there's not a specific set number of days that the CRA sets out that you are actually resident inside of the home, it is the CRA if they assess and looking deeper into whether the exemption actually applies or not.

Below are 10 key steps to ensure your estate plan is successful:

1. Document Storage

Make sure to store your estate planning documents safely. If you have a safe deposit box, store your important papers there. Give your executor a copy of your estate planning documents and advise them on where the originals are stored.

2. Make copies of your Will and provide to your executor and beneficiaries

It is in your best interest to provide a copy of your will to beneficiaries. This reduces the possibility of confusion. It is unlikely you will ever change your will, but even if you do, providing a copy of your Will to your beneficiaries does not mean you can’t change it.

3. Inform your Power of Attorney

If you have power of attorney, they should be able to access your safe deposit box. It may be a good idea to have your attorney as a signatory on your safe deposit box. Additionally, keep one original Power of Attorney in your home so that your attorney can retrieve your documents.

4. Create a list of assets and liabilities

Parr Business Law can provide you with an estate planning checklist. Please contact us. Additionally, many financial institutions provide an estate planning checklist. Be sure to also include the names of your lawyer, accountant, and other contact people. Additionally, make sure your list of assets and liabilities is always readily accessible to your executor and your attorney.

Having a Power of Attorney is a huge responsibility. If one is ever granted a power attorney by a loved one, the person who grants that authority (the “Grantor”) is putting you in charge of them if they were ever to become mentally incapacitated.

Here are 10 important things to know if you are holding a Power of Attorney.

1. Ensure you have a valid Power of Attorney and financial representation agreement.

Make sure your agreement is valid under the Power of Attorney Act (British Columbia). For instance, if you are appointed an enduring Power of Attorney prepared by a lawyer or notary public in British Columbia, it is likely valid and will continue throughout the Grantor’s incapacity. However, if the document is specific, conditional, prepared, signed in another jurisdiction, or hand-drawn, the document might not be valid. If this happens, you may not have the authority to act under the Power of Attorney. If you are unclear whether or not the Power of Attorney is valid, obtain legal advice as soon as possible. If you are not authorized to act as power attorney but do act, you will be held liable. If the Power of Attorney is invalid, consider handling the matter at the Public Guardian and Trustee or apply to become a committee of the individual.

What is a Joint Venture Agreement?

As a small business owner, it is important to know the ways in which you can explore different opportunities should you wish to. A joint venture is one of those ways and it is described below along with some of its pros and cons.

What is a Joint Venture Agreement

A joint venture is an agreement between two or more people or companies to work on a new business project together. The parties in this arrangement agree to combine their resources in taking on this new project. It is important to distinguish a joint venture from a partnership. In a partnership, the parties have come together to operate a “business in common”. Whereas in a joint venture, the parties have come together for a specific project, but they continue to retain full ownership of their own company.

The joint venture agreement is a legally binding document that should be drafted with the assistance of a lawyer. Here are some examples of what a joint venture agreement should include: the type of venture, the start/end date, details of each party, the resources each party is contributing and the responsibilities of each party moving forward. Working with a small business lawyer can be extremely beneficial when drafting this agreement as he/she will be working with your best interest in mind and can ensure that you are protected by the contract.

What should you watch out for in contracts?

There are numerous reasons why you may enter into a contract while you are running a small business. The important part is to always know exactly what you are agreeing to and how a breach of contract may affect you and your business. Here are some factors you should consider before signing a contract…

1. Know who you’re dealing with

A contract will tie you with another party for a specific amount of time. It is therefore important that you conduct thorough research and get to understand exactly who the other party is. If it is a company you are dealing with, you can check with the Better Business Bureau to check their reputation. A small business lawyer may also be able to help if they have had dealings with this other party in the past.

How to Terminate an Employee: 4 Steps

Terminating an employee is not something anyone wants to do, but sometimes there is no other choice. As a small business owner, it is important that you take the appropriate steps when doing so, in order to protect yourself and your business.

Here is a brief outline of the steps that you should be taking.

1. Keep a record of issues

It is a good idea to note down all issues as they arise. You can address these issues as they come up and set in place a plan for improvement. Having a record of all issues and how they were addressed will provide you with justification for termination if there is no improvement from the employee. It will also help the employee understandwhy they are being terminated.

5 Reasons Why Using Free Legal Contracts Isn’t Helpful

Free legal contracts are widely available online and using them may seem like the perfect way to save money while protecting your business. However, free legal contracts can end up costing you more while not protecting your business as you had hoped. Here are a few reasons why you should not use free legal contracts.

1.Choosing the wrong contract

Free legal contracts are available for you to use at your discretion. Most people will select one based on the title, but this may result in different consequence than intended. This means that your small business may not have the protection that you think it does. Each contract has important differences and determining which one is best suited for your particular situation should be discussed with a small business lawyer.

Commercial Leases in Vancouver

Signing a commercial lease is a big step for your small business. A lot goes into this process and it is important that you have all of the necessary information before signing. Here are some important factors you should consider after you have found a property that you like.

Seek legal advice

A small business lawyer can assist you in many ways when it comes to starting up your small business and maintaining it. This is especially true when it comes to negotiating and drawing up contracts. A small business lawyer will not only get you the best deal possible, but he/she will also ensure the terms of the contract provide you and your business with protection.

Key Elements of a Strong Shareholders’ Agreement

A shareholders’ agreement can go a long way in helping set up your business for long-term success. Thinking about unpleasant situations is never fun but it will help in the long run if and when these situations arise. Putting in place a shareholders’ agreement will equip you and your fellow shareholders with the necessary tools to tackle those situations. Here are some elements that should be included in all agreements.

Process for appointing directors and their duties

This section should outline how directors will be appointed. Some examples include each shareholder appointing a director, each class of shares appoints a director, or appointing them through a majority vote. Potential investors may also want a representative on the board, so that must be considered. The responsibilities of the directors should also be laid out clearly.

What is Power of Attorney | Why it is Essential Part of your Estate Plan

What is a Power of Attorney?

A power of attorney is a legal document that grants power to somebody else to make decisions for you on a financial and legal basis so they can manage your bank account, your investments, real estate that you might own and make other important legal decisions. This is a document that needs to be prepared by a lawyer and it's an essential part of an estate plan.

So what happens if you don't have a power of attorney?

If you don't have a power of attorney then in the event that you become incapable of physically or mentally managing your affairs, then nobody will be able to make those decisions on your behalf.

What is a Shareholders' Agreement | Why They're Essential To The Success Of Your Business

These agreements are some of the most notorious agreements because they are very challenging for clients to actually get around and sign. They're very long. There can be 15 to 60 Pages. They contain a lot of language that is very difficult for a non-practitioner to understand and they just seemed like something that just gets pushed to the end of the list. It's one of those things that you know is good for you but you just don't want to get done. It's kind of like going to the dentist. So let's take a look at these agreements because while they're not all that sexy they're extremely important and they can be essential to the success of your business over the long haul.

Termination without Cause – Know your rights?

Termination with cause is reserved for serious workplace misconduct. In such a case, as an employee you are not entitled to notice of termination or severance pay. Almost every other scenario is classified as termination without cause. As an employer under the BC Employment Standards Act, you have the right to terminate an employee at any time for any reason as long as it is not discriminatory and you provide appropriate notice and/or severance pay. It must be noted however, that as an employee you are only entitled to notice and/or severance pay if you have been employed by that company for a minimum of 3 consecutive months. Additionally, as an employer you are not required to provide any supporting documents for a termination without cause.

Why you need a Shareholder’s Agreement

Growing your small business is exciting, but it can just as easily come to an end if the proper steps aren’t taken to protect yourself and the business. A great way to do this is by putting together a shareholders’ agreement. This can help ensure that the shareholders are on the same page, while protecting all members and the business itself.

What is a shareholders’ agreement?

A shareholders’ agreement is a formalized agreement between most if not all of the shareholders of a corporation. This agreement outlines how the business should operate, as well as the rights and responsibilities of the shareholders. A shareholders’ agreement is not the same as company articles or bylaws, which are mandatory, and a shareholders’ agreement is optional. The shareholders’ agreement is a private agreement that members of the public do not have a right to inspect, unlike the company’s articles.

Difference Between a Non-Competition Clause vs. a Non-Solicitation Clause

In this video, we're going to take a look at non-competitions and non-solicitation clauses. These types of clauses are often found in employment agreements, contractor agreements and shareholder & partnership agreements.

Today we're going to take a look at non-competition and non-solicitation clauses.

These types of clauses are often found in employment agreements contracts or agreements and also shareholder and partnership agreements. So they're very important to understand.

What's a non-competition clause?

In a non-competition clause, the employer is prohibiting the employee from competing with the business both for the term of employment and for a period of time after the employment is over. So, whether the employee leaves or is fired, it doesn't really matter but for period of time usually, six months to a year that employee is going to be prohibited from competing with the business.