Law TNT

A group consisting of 14 different organisations has come together to publish an open letter to have changes made to the draft Welsh language law.

The group wishing to make changes to the Welsh language law include Wales’ own teachers’ union (Undeb Cenedlaethol Athrawon Cymru), language expert professor Colin Williams, the womens voluntary group Merched y Wawr, as well as the Friends of the Earth Cymru. The open letter was addressed to the current Heritage Minister Alum Ffred Jones.

In the letter, the group complained that the Welsh national language is facing threats from many directions. They are asking the Welsh government to make changes to the draft Welsh language law so that it delivers an unambiguous statement that the Welsh language is the official language in Wales.

The proposed new language law was published by the assembly government back in March 2010. The Welsh language law is drafted in such a way that it places certain duties on some businesses to provide their services in the Welsh language if the service is provided in Wales. Businesses most likely to be affected are telecommunication providers, gas suppliers and electricity providers. Under the new language law, these companies will face sanctions such as fines if they fail to meet the required standard of language service delivery.

The proposed law will also scrap the existing Welsh Language Board and replace it with the post of a Welsh Language Commissioner. Although the Assembly government has made clear that the law is still in its drafting stage, it has attracted a lot of criticism from local academics arguing that the Welsh language is going to be marginalised under the new rules. Their main argument stems from the fact that the proposed law does not create a clear linguistic rights or any statement that pronounces the Welsh language as the official language of Wales. Furthermore, the new post of Welsh Language Commissioner is not independent because the commissioner is accountable to the government.

The 14 organisations open letter is also hugely influenced by a series of events that have taken place over the past few years. First, the cutting of budget on S4C, the Welsh television channel that broadcasts from the capital Cardiff. Secondly, the Assembly government stopping its translation service from English to Welsh for all its record of proceedings. Thirdly, Welsh medium education in the capital city Cardiff is limited. Fourthly, Bethan Wyn Jones, a patient who was told that her consent for endoscopy was not valid because it was signed in Welsh language form. The doctor told her that she must sign the English form in order to be valid and legal. Therefore, Welsh language lobbyists are outraged by the fact that the Welsh language is perceived by doctors to be unofficial. In fact, the Welsh form is as legal as any English form would be.

The group perceives these events as a series of threats to the very survival of Welsh language. So, the Welsh Assembly now has their work cut out before them to ensure that their constituents are going to be happy on the next revision of the language law draft.

People often ask when they may consider property left on their premises as abandoned. The answer may depend on whether the person storing the property is a business or an individual and the nature of the relationship between the parties and any agreements that may have been reached with the original owner of the property regarding storage of those possessions. This issue arises in the context of a landlord tenant relationship, when a tenant leaves behind property, and to storage of property by individuals such as a situation when an ex spouse in a divorce has not retrieved assets awarded in a divorce property settlement.

With regard to the landlord-tenant situation, specific guidance is provided by Minnesota Statutes 504B.271. Generally, after a tenant has left the premises, a land owner may take possession of the tenant’s personal property remaining on the premises, and must store and care for the property in a reasonable fashion so that the property is not damaged or destroyed. The landlord has a claim against the tenant for reasonable costs and expenses incurred in removing the tenant’s property and in storing and caring for the property.

The landlord may sell or otherwise dispose of the property 60 days after the landlord receives actual notice of the abandonment, or 60 days after it reasonably appears to the landlord that the tenant has abandoned the premises, whichever occurs last. The land owner must, however, make reasonable efforts to notify the tenant of any sale of the property at least 14 days prior to the sale, by personal service in writing or sending written notification of the sale by certified mail, return receipt requested, to the tenant’s last known address or usual place of abode, if known by the landlord, and by posting notice of the sale in a conspicuous place on the premises for at least two weeks. If sold, the land owner may apply a reasonable amount of the proceeds of the sale to the removal, care, and storage costs and expenses. Any remaining proceeds of any sale shall be paid to the tenant upon written demand.

In a situation where an individual, including an ex spouse, has failed to retrieve stored items, absent the application of any court order or specific statute relating to the property, Minnesota Statutes 345.75 controls. If property has not been removed within six months after it comes into the possession of a person, it may be considered abandoned and shall become the property of the person in possession, after notice to the prior owner. Thirty days’ notice that the time period has elapsed and that the ownership will be transferred at the end of the 30 days shall be given to the prior owner personally or by certified mail, which is actually received. If the name of the prior owner is not known, and cannot be ascertained with reasonable diligence, three weeks’ published notice shall be given in the county where the property is located. The prior owner or another person claiming an interest in the property may petition the district court to stay the transfer of ownership for a reasonable period to allow the removal of the property. The transfer is stayed while the petition is pending before the court.

California’s lemon law, one of the first in the nation, has now been reinforced by the addition of the Car Buyer’s Bill of Rights. Now, those who buy used cars will be protected against buying used lemon cars.
California was the first state in the country to have passed an auto lemon law in 1982. It has helped many consumers pitted against defective automobiles. If it is not for this lemon law the unfortunate consumer would have had to endure the pain silently. Though the California lemon law is a pioneering legislation and is one of the most powerful and consumer-friendly laws in the country it had had a catch – it did not protect the consumers of used lemon cars. Those who purchased used cars in California were expected to be on their own even if the car had hidden defects and the seller knowingly hid the lethal facts about the car. The consumer of the used lemon car was totally put in dark.
Governor Arnold Schwarzenegger in late July signed the Car Buyer’s Bill of Rights into law.
This turn of events has changed the face of the ways used cars are being sold in California:

Buyers will now have the option of returning a used vehicle to the point of purchase after a two day trial period
Buyers get an opportunity to find any defects or problems with the vehicle that were either unknown or undisclosed

The law originally allowed a buyer to return a car after two days with no charge and no penalty. This, the dealers argued, would tantamount to their borrowing a car for two days for free for a weekend trip, in which case the consumer is saving on a rental car.
In an attempt to further restrict consumers from simply borrowing the car for two days the legislature added in the new law the following rules:

Buyers will pay a fee in order to enable the return privilege
This fee may not exceed $250
Dealers have the permission to charge a restocking fee for any returned vehicle in addition to the upfront fee
A fee is capped at a maximum of $500
This law applies to all used cars of under $40,000, including certified used cars
The vehicle be driven no more than 250 miles during the cooling off period

This legislature added in the new law:

Allows buyers the opportunity to save money
Offers more transparency in the process of selling used cars
Encourages sellers to be more honest about any problems in the vehicles
Reveals defect if the consumer has the right to find it and return it two days later
Protects consumers against the buyer’s remorse if they had bought the vehicle with the undisclosed defects
Protects consumers against fraud
Protects dealers against abuse of their used cars by free loaders Its time similar laws passed in other states too.

Real estate is one of the most common investments among citizens. And before the economic crunch, it was certainly one of the top money making industries in the country. It is not a wonder why there are many people who want to make real estate a primary source of income.

With all the commissions that one can earn from real estate, it’s really a lucrative business. However, before anyone can become a real estate agent one would need to have a license. This means that one would need to study real estate law and understand it thoroughly so he can serve his clients better.

Learn Real Estate Law and Get a Real Estate License

The very first requirement in getting a real estate license is one’s age. One must be at least 18 years old in order to qualify for a license.

Then one must be at least a high school graduate. This is quite expected since people would be expected to learn real estate law to get a license.

Again, it is important that one knows real estate law because there’s a written exam on it. One has to pass the real estate law exam in order to finally get the license.

Basic Real Estate Law

There are two types of real estate, commercial and residential real estate. Commercial real estate, of course, refers to a sale or a lease of property for commercial use. Residential real estate, on the other hand, is rental or sale of property to families for daily use.

Between the two, residential real estate is more heavily regulated. Since the 70’s, real estate law gives more protection to home buyers by requiring a truth in statement from the seller. This means that the seller must disclose all problems relating to the house being sold.

Failure to disclose problems like presence of termites or perhaps a wet basement could nullify the purchase agreement. The seller could also be sued for fraud. Real estate law may differ from state to state. But in many states, an inspector is required so that all problems can be determined.

Most home buyers would be required to get a mortgage from a bank or any lending institution. In return, the lending institution gets security interest. Should the home buyer default in the future, the lending institution will have the right to take the title of the property so they can resell it to recover the mortgage debt.

Nevertheless, a part of the real estate law would dictate that home buyers be told of all expenses and fees during the closing of transactions. So clearly real estate law is there to protect the buyers, the sellers and the lending institutions as well.

After 2013, the Spanish Parliament accredited the Law towards the Promotion of Electronic Invoicing plus the Innovation of the Accounting Register of Invoices within the Public Sector (Law 25/2013 of December 27, 2013). Its goal will be to decrease the amount of late payments by Public Administrations, which can impinge on company funding, avoid the negative impacts on job opportunity and guarantee its survival.

The new law will come into effect on January 15th, 2015 for those who electronically file their taxation statements, as the approval of new law involves a review of the work strategies and the systems used in this area. Public Administrations as well as private companies are honored twelve months, 2014, to incorporate the fresh digital methodology in to their operations.

The goal of Law 25/2013 is to safeguard providers and improve transparency and efficiency levels in processes controlled by Public Administrations. As such, the new legal rules will secure companies from latter payments, as all invoices are digitally registered, and increase the battle against fraud, when all invoices impending for payments are documented and revealed.

The passage of this regulation promotes the practices of electronic invoicing in the public and private sector, as e-Invoicing can be described as tool that’s attaining more importance inside the European Union through several ordinances. Explicitly, in Spain, providers would be better guarded inside their business-related relations with Public Administrations through the creation of an Accounting Register of Invoices. This register is previously mandatory and must be utilized by Public Administrations and companies to present invoices; this guarantees that all invoice dates are duly accredited and will be considered for accrual of interests on amounts due.

Several of the key points of electronic invoicing operations underneath Law 25/2013 towards the “Promotion of Electronic Invoicing plus the Conception of an Accounting Register of Invoices inside the Public Sector” are:

1. As the law consists of a common standard, it is compulsory for all those Public Administrations over a national, state and local area level.

2. The electronic invoice is required to be delivered using a regulatory format and to be signed with an innovative electronic signature or an advanced electronic seal.

3. Accounting details of electronic invoices should be created by the Public Administration body or unit responsible for accounting, after receiving the invoices from the Accounting Register of Invoices. This new practice for invoice control was implemented on January 1, 2014.

4. By regulation and as from January 15, 2015, invoices for bills under 5,000 Euros might be missed from accounting records.

5. The invoice processing updates may be checked-out any time by the service provider who supplied the invoice.

Because of the new Law 25/2013, Spain is moving perfectly into a general electronic law reinforcement and control that means that an overall usage of this electronic signature and electronic documentation is on the rise.

As explained in one of the latest web-log posts entitled “Electronic Invoicing in 2013”, European Directive 2010/45/EU determines that conventional paper and electronic invoices are alike legally & fiscally. In truth, the European Commission intends to make sure extensive utilization of electronic invoices in European union through the year 2020.

Alternatively, as mentioned in the opinion post titled “Electronic invoices and how they must be used” it seems that interaction methods between the general public and Public Administrations are transforming, although not at the rate anticipated by governmental bodies after the early investments made. At this time, the task of document management software services is to demystify the popular belief that document software technology is only within the reach of big agencies.

From a scientific point of view, having an adequate document management solution lets companies to abide by the law with out extra efforts or additional costs. After all, this sort of software:

– Permits companies to prepare electronic invoices that fulfill the needs of Spanish Tax Agency (AEAT).

– Enables electronic invoices being granted in digital format, together with the creation and digital signature of documents.

– Works with electronic invoices and certifies their particular elements.

– Confirms the sender’s signature and real identity along with the validity of certificate utilized to sign any electronic invoice.

– Creates audit trails showing all procedures undertaken at the invoice.

From the business standpoint, document management software saves expenditures and time together with expanding the safety and quality of service provided.

– Price savings are generated, as the utilization of paper, toner, shipment charges and storage space etc. are eradicated or reduced.

– Management times are minimized merely because of the faster and a lot more efficient management procedure, which contributes to speedier localization of up-to-date details.

– Security is increased, as electronic signatures lessen the chance of counterfeiting and minimize the chance for human slip-up.

– The standard of Support service is upgraded since a new approach of communication with purchaser is set-up, because invoice processing and distribution times are improved and because web-based settlement of documents is allowed.

Every day, an increasing number of companies are looking for optimizing their operations in an effort to obtain efficiency and conserve expenses. In the end, when applying electronic invoicing, along with an adequate document management solution, their productivity boosts and also the quality of their customer service upgraded which straight away and favorably influences the company’s business competitiveness.