Blog

Several hundred people die in workplace fires in North America each year. Would you know what to do if a fire broke out in your workplace? Many commercial buildings distribute emergency safety plans to each of their tenants, and hold fire drills once or twice a year to give workers a chance to practice their escape. But if your company has not developed its own fire safety plan yet, here is a set of steps to follow to help you escape a fire emergency.

Seven Steps to Take Before an Emergency Arises

1. Determine your escape route. Map out a floor plan of the office and highlight the main escape route, with all exits clearly marked, including windows if those windows can be used as an exit. Advance planning will reduce confusion and minimize panic in the face of an actual fire.

2. Know the location of all fire alarms, sprinklers, fire extinguishers and hoses in your vicinity.

3. Establish a safe muster point where all staff will meet after escaping. For instance, you could designate a parking lot down the street as the location where all personnel will report so they can be accounted for. Keep an up-to-date list of all personnel so that each person can be checked off when they report in.

4. Review the emergency plan regularly with your staff. Provide each new employee with a copy of the plan as part of their orientation.

5. If your building does not have regular fire drills, schedule your own fire drill twice a year. Practicing the routine ensures that everyone knows what to do and where to go. Every second counts in an emergency. Fire drills give you a chance to review the procedures, improve response time, refine the escape plan and ensure that everyone gets out alive.

6. Make sure your evacuation plan provides proper arrangements for persons with special needs. Ensure that building management is aware of any staff member who will need assistance in case of an evacuation.

7. Appoint a fire warden and deputy fire warden to take charge during the emergency and direct people to the exits. The wardens will also be responsible for taking attendance at the muster point after evacuation.

What to Do If a Fire Starts

• STAY CALM - DO NOT PANIC. Easy to say, but hard to do when smoke and fire are involved. The more you concentrate on getting out alive, the less time you'll have to panic.

• If you discover a fire: (1) pull the fire alarm; (2) call 911; (3) evacuate quickly.

• Assist any disabled or incapacitated employees to get out of the building.

• Breathe through your nose to filter out smoke particles. If at all possible, place a wet cloth over your mouth and nose.

• Go to the nearest emergency exit and take the stairs. DO NOT USE THE ELEVATOR.

• If you can't see an exit sign, try to visualize the room around you and picture where the exits are. Locate a wall and follow it. It will eventually lead to a door or window.

• Listen for sounds from outside, as these can act as a guide to the exits.

• If you get trapped by smoke, crouch down as low as you can. Hot air rises, so any cool clean air will be found close to the floor.

• If there's anyone else with you, work with them to find an escape route. It will help both of you feel more confident and less likely to panic.

• When you find an exit, assist others who are still in the building by shouting or making other loud noises at the exit to guide them to your position.

• Check doors for heat by touching them, using the back of your hand and starting near the bottom. If the door feels hot, that means there's a fire on the other side. Close doors quickly if smoke or heat blow in. Shut all doors behind you when leaving.

• If the smoke is too think for you to see, shuffle - don't walk. Keep your weight on your rear foot and use your forward foot to check the floor for openings (such as stairwells) and obstructions (such as furniture).

• If you have to use stairs to escape, go down backwards. This will keep your head nearer the stairs and cleaner air. Or, alternatively, go down in a sitting position which enables you to grip the stairs to prevent falling.

• If you're trapped and can't find an escape route, call 911 and give your exact location. If you're near a window, signal for help with a flashlight or something brightly colored.

• Once outside, meet at your designated muster point. If someone is missing, immediately alert the emergency personnel on scene.

Image by ThePixelman from Pixabay

Before you start that major renovation...

Are you planning to use a contractor to renovate your home? Before you do, have a set of plans drawn up and enter into a written construction contract with the contractor so the project can be performed in accordance with your specifications. These are critical items that will protect your interests as a homeowner and the interests of the general contractor as project overseer.

Here are 10 good reasons to have a written renovation contract signed and in place before you start.

1. A written contract creates a binding legal agreement between you and your contractor. It sets out the rights and obligations of each party and ensures that there is a permanent record of the terms agreed to between you and the contractor.

2. A contract may help to protect you against financial loss or personal liability in the event of accidents or injuries on the work site.

3. A clearly written contract can reduce confusion and misunderstandings by detailing what each party expects and requires from the other party.

4. Your contract should also list the work that is NOT included, such as work that should be done by you or by third parties who are not parties to this contract (for example, tile work to be done at a later date might be covered in a separate contract between you and the tiling contractor).

5. The contract should include all initial costs and estimates for the renovation project.

6. A written contract clarifies things like (i) the timing of the construction and expected complete date, (ii) the dates on which progress payments are to be made and the manner in which those payments are to be made, (iii) the procedure for any changes to the work, and (iv) the contractor's responsibility for carrying liability insurance and workers' compensation.

7. A good renovation contract also provides how any disputes that arise between you and your contractor can be resolved.

8. The contract will give you a means of being released from your contractual obligations if the contractor defaults in performing its obligations.

9. The contract should specify a warranty period for defects in workmanship or materials within a reasonable time period so the contractor can fix those defects which are detected within the stated warranty period.

10. Lastly, a contract that has been signed by both parties clearly establishes that the terms and conditions contained in the agreement were found to be reasonable and acceptable at the time that they signed it.

Image by Iqbal Nuril Anwar from Pixabay

Strategic planning is critical to the success of your business. It is an opportunity for management and staff to brainstorm and discuss a wide variety of ideas that might not otherwise be suggested or considered as potential strategies. It also reinforces the company's core values and sharpens the focus of the whole team on the mission, the goals and the objectives.

Aim to hold a strategic planning meeting for all key personnel once a year, and encourage departments to hold followup sessions at 3- or 6-month intervals for executive managers and department heads.

Bring a copy of your current business plan to the meeting so it can be referred to when needed. Keep in mind the purpose of the meeting: to evaluate past projects and goals and to develop new strategies based on opportunities discovered through market research and analysis.

The 11-Step Checklist

Follow these 11 steps to help you set the stage for a more creative and productive strategic planning meeting:

1. Pick a venue that is outside of your business premises. Look for a casual and quiet setting with few distractions so that the participants will feel relaxed and can focus on the business at hand.

2. Arrange for beverages and snacks and, if the timing and duration of the meeting calls for it, bring in lunch or dinner.

3. Make it clear that each person will be treated as an equal, no matter what their position in the organization may be, and that everyone will have an equal voice in terms of suggestions and criticisms.

4. Promote a more comfortable atmosphere by inviting everyone to dress casually.

5. Encourage open discussion of the topics. This will not only stimulate more brainstorming as the meeting progresses, but it will also serve to fully define the subject and determine its merits.

6. Don’t let the meeting devolve into a "bitch session". Point out ideas that merit consideration and explain how certain suggestions may not fit into the overall scope of the company’s strategy. Celebrate strengths and look for solutions to weaknesses.

7. Don’t try to prioritize ideas brought forth in the meeting. This is mainly a brainstorming session where ideas are explored in relation to their strategic impact on the business, and they are best discussed and explored as they are suggested and not according to an imposed agenda.

8. Provide the means for people to advance ideas visually and immediately to the whole room - white board, flip chart, colored markers, etc.

9. Cover each topic thoroughly before progressing to the next. Keep in mind that you are exploring strategic solutions. When discussing each subject, come up with realistic timelines for specific actions to be taken after the meeting has been adjourned.

10. Within a week of the meeting, write a summary of all the ideas discussed at the meeting and circulate it to everyone who is part of the strategic planning team.

11. Follow up at regular intervals to ensure that progress is being made in implementing the ideas that were adopted.

Image AI generated by Pixabay.com

This is a question that we get asked frequently, so it seemed like a natural topic for a blog post. Let's do a comparison of the two structures.

Formation and Duration

A partnership is a business entity that is not registered as a corporation or a limited liability company and which is owned and carried on by two or more parties for the purpose of generating profit for the partners.

A joint venture or (JV) is formed when two or more parties join together to take on a specific project. The parties share the costs and the risks, as well as any gains and benefits, and contribute money, property, effort and know-how to the venture.

While a joint venture is usually set up for a fixed time frame (i.e. the life of the project), a partnership is typically long-term and is intended to carry on as long as the partners want to continue doing business together.

Participants in a JV do not usually intend to conduct a common business with the other co-venturers, and they're free to carry on their own businesses outside of the business of the JV. Partners in a partnership, on the other hand, are typically already carrying on their business within the context of the partnership (for instance, attorneys or accountants).

Participants' Contributions to the Business

Participants in a joint venture are required to contribute money, property, expertise, knowledge, time and other resources to be used by the joint venture. They are also entitled to receive a percentage of the revenues or proceeds from the business of the joint venture in proportion to the resources they contribute.

In a partnership arrangement, the partners may also contribute money, property, know-how, and other resources to the partnership, but they are not required to do so. Partners are also entitled to a commensurate share of the profits from the partnership.

Partners usually intend to treat any property contributed to the partnership as partnership property. In a joint venture, the property contributed by the co-venturers is returned to each of them when the joint venture is wrapped up unless it has been sold to the other participants.

Management of the Business

The day-to-day business of a joint venture might be carried out by one co-venturer on behalf of all of them, but usually major strategic and operational decisions will require the consent of all the participants and cannot be made by one co-venturer as agent for the rest. This helps to ensure that the participants have mutual control.

In a partnership, mutual control is not always a consideration. Sometimes only particular partners (such as senior partners in a law firm) have management roles. And a general partner can act as the agent for all other partners and can transact business and enter into contractual obligations and debts without the consent of the other partners.

Risks and Benefits of Each Type of Entity

Image by Gerd Altmann from Pixabay

There are risks in either type of relationship and it is important that you have a good level of trust in the people you are partnering or venturing with. Do some background checking on the other parties to make sure you feel comfortable about entering into a relationship with them.

• A partnership can incur obligations on its own account (much like a corporation) but a joint venture cannot - only the participants (co-venturers) can sign contracts and incur debts.
• In a partnership, each partner is jointly and severally liable for the debts and obligations of the partnership, with the exception of limited partnerships, in which the limited partners' liability is capped. In a joint venture, each participant is liable only to the extent of its interest in the JV.
• As for benefits, a partnership operates on the expectation that it will produce profits for the partners. That is the chief benefit that all of the parties work towards. The benefits of participating in a joint venture, on the other hand, may be tangible (such as development of a real estate property) or intangible (such as R&D of a new manufacturing process).

Tax Considerations

There are significant differences between the way taxes are calculated for joint ventures vs. partnerships, and tax laws vary from country to country. International ventures must also be aware of the rules governing their business under existing or future double tax treaties. Obtain the services of a tax consultant who knows the tax laws for partnerships / joint ventures in your own country and in any other country you're going to be doing business in.

For legal purposes, neither partnerships nor joint ventures are considered corporate entities separate and apart from their participants. But for income tax purposes, the net profit or loss of a partnership (i.e. expenses, capital cost allowances, etc are deducted) is calculated before a share of the net profit or loss is allocated to each partner, even though the partners will be taxed on that allocation. In a joint venture, the gross revenues / production, expenses, and capital receipts and outlays are allocated among the co-venturers based on their respective interests, and each of the participants then calculates its own net profit or loss and tax payable.

Selling or Transferring a Partnership or JV Interest

The transfer of a partnership interest typically requires the consent of the other partners. And because the partners generally have an indirect interest in the property and assets of the partnership, a partner can transfer its interest in the partnership itself but NOT its interest in the partnership assets. The partnership retains the beneficial interest in the partnership assets as long as the partnership is in operation, and the partners will not be entitled to a share of the net proceeds from those assets until the partnership is dissolved.

In a joint venture, the co-venturers retain their individual ownership of the property they have contributed to the joint venture, so they have full control over the contributed property. This means that the assets of the joint venture are not owned jointly by the co-venturers, and typically a co-venturer would be able to sell its interest without obtaining the consent of the other co-venturers (subject to any rights of first refusal the other participants may have under the terms of the Joint Venture Agreement).

A partnership interest is generally considered capital property for income tax purposes, and the sale of that interest would result in a capital gain or loss. An interest in a joint venture is not considered capital property and is taxed on the same basis as the sale of an interest in each of the assets of the venture.

Death of a Participant

Since a joint venture is usually limited to a single project or undertaking and only exists for a finite time, the death of one of the participants will not normally terminate the joint venture (unless the joint venture contract is a personal service contract), whereas the death of a partner has a significant impact on a partnership and may well mean the end of the partnership.

Put It In Writing

Whether you're setting up a partnership or joint venture, Do Your Research and get legal and accounting advice before you start. The participants should then put together a written agreement which clearly defines the terms of the relationship, the responsibilities of each of the participants, a procedure for transferring a party's interest, and a mechanism for terminating the agreement.

A written agreement is required if you intend to make a joint venture election for tax purposes. It is important to agree in writing as to the value of each participant's contribution of capital and resources, and to specify the proportionate interest of each participant in the profits or production of the JV in order to reduce the potential for conflict down the road. For instance, if the JV's activities involve the manufacture of products a participant's specified interest might be a percentage of each product produced.

Consult an Expert

Keep in mind that the foregoing information is a generalization and is intended as an overview. To get information about the specific laws and requirements in your area, you should obtain legal and financial advice from local experts.

Image by Gerd Altmann from Pixabay

A major concern that many people have when drawing up their estate plan is how to reduce the costs that their estate or their beneficiaries will have to pay. We all want our loved ones to reap the full benefit of our estate assets without being burdened by a pile of fees and costs being assessed against those assets. If you are a resident of the USA, you have the option of placing your assets into a living trust as a means to avoid having all of your estate run through probate, and thereby eliminating probate fees.

Q. What is a living trust?

A. A living trust is a trust you create while you’re alive, rather than one that is created upon your death under the terms of your will (which is called a testamentary trust).

When you place property into a trust, the person you have named as the trustee holds legal title to that property on behalf of the beneficiaries of the trust. You can name yourself as the trustee, which allows you to keep full control over all the property held in the trust.

A living trust can help you avoid probate and provide for long-term management of your property. And because there is no probate involved, the terms of your living trust will never be made public unless you should choose to do so.

Q. Do I need a living trust?

A. If you do not own any assets that must be probated (i.e. property owned solely by you or owned as "tenants in common" with someone else), then there is little point to setting up a living trust. The main advantage of a living trust is that any property put into the trust doesn't have to go through probate before it's distributed to the people you've left it to.

Probate is a court-supervised process of paying your estate debts and distributing your property to the people who inherit it – a process that can go on for months and which can cost your beneficiaries a significant amount of money in legal fees and court costs.

Q. How does a living trust avoid probate?

A. Any property you transfer into a living trust before your death will not go through probate because it no longer belongs to you – title to the property has been transferred to the trustee of the living trust, who now holds it in trust for the beneficiaries. Even if you name yourself as the trustee of the trust, you don't actually own the property any more. After your death, your successor trustee will then transfer the property to the beneficiaries. In many cases, the whole process takes only a few weeks, and there are no legal fees or court costs. When all of the trust property has been transferred to the beneficiaries, the living trust ceases to exist.

Q. What are the costs involved in setting up a living trust?

A. A lawyer will typically charge upwards of $1,000 to create a trust for you. A basic living trust isn't very complicated, and you may not even need to hire an attorney to set it up. With a good template, you can prepare a valid Trust Declaration yourself. If you have questions or concerns about the paperwork or the process, you may want to consult a lawyer but you can do much of the work yourself, which could save you hundreds of dollars.

Q. If I have to transfer all my property into the trust, won't that be a lot of work?

A. Yes, because you are transferring ownership of your property into the name of the trustee. That requires filing transfers of title for all property that you want to put into the trust, such as your home and other real estate holdings, stocks, bonds, securities, and other assets that do not have a named beneficiary or that are not jointly owned with another person as joint tenants.

Special language may be required in your trust document to avoid exposure under state income tax laws. This paperwork can be time consuming and tedious, but your family and loved ones will reap the benefits of your attention to the details.

Q. Can I protect my assets from creditors by putting them in a living trust?

A. No. Transferring your assets into a revocable trust will not shelter them from creditors. A creditor who gets a judgment against you can still go after the trust property just the same as if you still held it in your own name. After your death, if a creditor determines that some of your property has passed to a beneficiary, they may decide to go after the new owner to make a claim for your debt against the estate property.

This is one scenario in which probate may be a preferable alternative. During the probate process, all of your creditors of record must be notified of your death and be given a specified period of time in which to file claims against your estate. If they don't file a claim within the specified time period they are legally estopped from ever making a claim for that debt.

Q. If I create a living trust, do I still need to make a Will?

A. Yes, you do. Your Will transfers any property that you forget or intentionally neglect to transfer into the trust before your death. If you don't have a Will, any property that hasn't been transferred by your living trust or automatically transferred by joint tenancy will go to your closest relatives in an order determined by your state's succession laws, which may not distribute your property in accordance with your wishes. Your Will makes it clear exactly what those wishes are, and your executor must distribute the property as you have instructed in the Will.

A standard Will contains a clause called a "residuary estate" clause in which you name the person who will get the balance of your estate property that hasn't been specifically left to any person or entity. But when you are using a living trust, you should consider using a pour-over Will. This is a special type of will that is used in conjunction with a living trust in order to deal with any property which has been (intentionally or unintentionally) left out of the living trust at the time of your death.

Q. Will my family still have to pay estate taxes if I use a living trust to deal with my property?

A. A basic living trust will not help your beneficiaries avoid federal estate taxes, but a more complicated living trust structure can significantly reduce estate taxes for large estates. One example of a tax-saving living trust is the AB trust, which is designed primarily for married couples with children. This type of trust is also called a "credit shelter trust," "exemption trust," "marital life estate trust," and "marital bypass trust." Each spouse leaves property in trust to the other spouse for the duration of his/her life, and then to their children. Creating an AB trust is a more complex process and you should consult a lawyer for advice and assistance.

Image by mohamed Hassan from Pixabay