Description
Graded project research memorandum. please follow the instruction very well.
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Research Memorandum.
To complete this project, you’ll prepare a written memorandum. The memo is addressed to your
supervisor, a law partner in a small law firm. In the memorandum, you’ll describe which form of
business organization you feel would be best for a new client.
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Prepare a written memorandum by applying your knowledge and following the
instructions
Procedure
To complete this project, you’ll first do some research. Then, refer to your textbook for review;
you’ll apply the principles of business organizations and employer-independent contractor
relationships. Use the information provided below to prepare your memorandum.
Goal
Your goal for this project is to complete a well-written memorandum to your supervisor which
addresses two legal issues:
1. The appropriate form of business organization for your client
2. What’s required to make sure your client’s independent contractor agreement is viewed
as a legally enforceable independent contractor agreement and not as an employment
agreement.
Remember not to use too much legalese in your memo. You’re writing to your supervisor, who
has knowledge of the subject matter. However, you must completely explain what the law is for
each type of business organization you’re considering, and the reasons you’ve selected one type
of business organization as best for your client. The same complete explanation is required when
discussing the issue of your client’s independent contractor agreement.
The Project
Memorandum
You’ll respond to the memorandum received from your supervisor.
To: Student
From: Supervisor
Re: New Client, Career Institute of America, Inc. (CIA)
Date: December 6, 20—
Facts
We’ve just met a new client, the founder and CEO of Career Institute of America, Inc. (CIA).
Although the business was formed a year ago as a nonprofit corporation, they’re not sure they’re
happy being a nonprofit.
CIA is a classroom and online education organization that specializes in training students in the
U.S. auto industry, one of this country’s largest industries. The client would like to retain most of
the ownership and control of the company, since it is really his enterprise. He also has some
concerns about the independent contractor agreement, which instructors must sign when they
agree to work for the company. He wants to be sure they’re viewed as true independent
contractors, and not construed as employees of the company.
Note that most of the company’s income is from online training courses. You should also know
that they received a U.S. Department of Labor retraining grant for the instruction they’re
currently providing, a type of grant awarded only to nonprofit educational organizations. Since
this was a one-time grant, they must now make their income from tuition for online courses and
in the two small classrooms where they teach traditional courses. This is why they’re not
necessarily opposed to changing their form of business from a nonprofit organization to a forprofit business.
You should further know that the employment contract they provide to their instructors looks as
if it was designed by an amateur and may not comply with the legal requirements for a valid
independent contractor agreement.
Research Assignment
Research the two areas of law described below and prepare a memorandum addressing each area
so the client can be properly advised on how to proceed.
1. First, determine the limitations of a nonprofit corporation in the state of Delaware, the
state in which CIA was formed and is doing business. You should also review the law for
nonprofit and for-profit corporations, as well as limited liability companies, to determine
the best form of business for the client.
Consult the listing of Delaware statutes on the Delaware state website
at http://www.corp.delaware.gov/DElaw.shtml to assist you in your research. For more general
information concerning nonprofit corporations, for-profit corporations, and limited liability
companies, the following websites can assist you:
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http://www.law.cornell.edu
http://www.findlaw.com
http://www.nolo.com/legal-encyclopedia
http://www.hg.org
Combine this information with what you know about business organizations and what the client
wants, so you can recommend the best form of business organization for CIA at this time.
2. The second issue concerns the contract signed by CIA instructors, who teach the
programs and grade the students’ papers.
Research employment and independent contractor agreements using the websites listed
above or on search engines such as Google or Bing. Since the agreements will be signed
by client’s instructors located in other states, we want to use the general law dealing with
such agreements rather than state-specific. Be sure to identify each of the key elements
necessary for the agreement to be viewed as an independent contractor agreement and not
an employment agreement, as well as any other suggestions you might have for the client
in connection with their instructor contracts.
Here are some helpful hints:
▪ Remember that the project requires that you use the memo format provided and
that you research both issues requested: the most appropriate form of business
organization to meet the client’s needs and the requirements for an agent to be
deemed an independent contractor and not an employee.
▪ First locate the law for each of the two issues.
▪ Next, analyze the information you found and apply it to the needs of the client.
▪ Both your research and your analysis should then be summarized and included in
your memo.
For this project, please use the following format for your legal memorandum:
To:
From:
Re:
Date:
Summary of Applicable Facts:
Issues:
Law:
Analysis:
Writing Guidelines
Prepare your answers in well-organized paragraphs, and use these writing guidelines:
1. Type your submission double-spaced, in a standard print font of size 12. Use a standard
document format with one-inch margins. Don’t use any fancy or cursive fonts.
2. Read the assignment carefully, and address the issues suggested.
3. Be specific. Limit your submission to the topics raised.
4. Include a reference page that lists websites, journals, or any other references used in
preparing the submission. Remember, if you use someone’s words or ideas, you must cite
them directly in your memo.
5. Proofread your work carefully. Check for correct spelling, grammar, punctuation, and
capitalization.
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