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Reginald Chan – Page 237 – Reginald Chan

Author: Reginald Chan

Enforcement or Cancellation of a Corporate Settlement Agreement

While most court cases are indeed settled out of court, the devil is truly in the details. Both parties can end up back in court if the proper legal controls aren’t in place. This underscores the importance of having a proper corporate settlement agreement that adequately covers the necessary terms and understandings of both parties.

Notwithstanding, the best of agreements are often still subject to future debate or party misalignment. In these cases, the court will intervene in the enforcement of one of the parties that may move to cancel the agreement.

What Is a Corporate Settlement Agreement?

Strictly speaking, a corporate settlement agreement enables two or more corporate parties to resolve their civil dispute via a legal contract. In this agreement, all involved parties are in alignment and agree to accept the outcome of any judgment made by the court. Of course, the challenge then becomes defining agreeable terms for bilateral acceptance. This is usually accomplished through mediation, with a judge making the final approval of the finalized settlement agreement.

The intent of reaching a corporate settlement agreement is to avoid expensive and time-consuming litigation activity on behalf of all parties involved. In general, no definitive judgment regarding winners or losers must be defined, but one side must nonetheless agree to carry out a restitutive action or compensate the other financially.

In some corporate scenarios, the defending party will agree to settle only if no wrongdoing or fault is admitted. Conditions like deadlines for restitutive actions and timeframes may also be incorporated into the agreement. In exchange, the plaintiff party agrees to halt legal proceedings for the out-of-court settlement.

How Are Corporate Settlement Agreements Enforced?

In a perfect world, out-of-court settlements would remain there and contracts would enforce themselves. The reality is that courts often must intervene as the enforcement authority to compel a non-compliant or breaching party to comply, as the signed settlement agreement is itself a legally binding contract.

However, it’s important to make the distinction between enforcing the agreement terms and actually having a hand in creating them—the courts will have no part in the latter. That is to say, the court’s main focus is to interpret, clarify (if necessary), and enforce the contractual obligations, not actually create them. The court may not add new terms to the corporate settlement agreement, nor can it enforce the contract terms after a case has been dismissed.

If all parties accept the terms of the settlement, the court must defer to the collective wishes of the firms involved. For example, in the 2015 Fortinet settlement with Sophos, neither company admitted any liability, while in the recent Google settlement of an antitrust case filed by French regulators, Google did not dispute the charges but proposed interoperability commitments that France’s competition watchdog accepted.

The court may consider enforcement activities such as an evidentiary hearing if a party disputes the terms due to an issue with previously stated facts (e.g., one party was found to be coercive or dishonest) or if new facts are brought to light.

When Might the Court Refuse to Enforce a Corporate Settlement Agreement?

Courts typically do their best to uphold corporate settlement agreements. That said, at the end of the day, the legal process defers to their discretion. Certainly, in cases of injustice, they can and will refuse to enforce an agreement. Examples include cases that involve one party’s lack of understanding or knowledge during term negotiations, an extreme imbalance of power, grossly imbalanced or unfair transactions, and the like.

The case must be made that the suspect party exploited the unfair arrangement to its advantage during the creation and signing of the agreement.

Can a Corporate Settlement Agreement Be Cancelled?

The courts may decide to void the contract in certain cases—for example, when fraud is involved during the creation and signing of the settlement agreement. Additionally, if both parties are in agreement to void the contract and it hasn’t been made part of a court order, the court may allow the agreement to be nullified.

Generally speaking, canceling a settlement agreement is a complicated affair, with courts hesitant to take action unless there are extenuating circumstances.

Can a Corporate Settlement Agreement Be Modified?

Similarly, if one party can demonstrate that the circumstances surrounding the initial settlement agreement have changed substantially, the court may be moved to allow it to be modified. For example, if activity outlined in the agreement has become illegal or if one party entered the contract incorrectly believing certain actions were authorized constitutionally.

Since the modification requestor must file a motion for modification with the court, the onus is on them to provide proper justification for the modification request.

Breach of Corporate Settlement Agreement

If one party determines that the other has breached the settlement agreement, a mediation or arbitration clause may be triggered, if it exists. Typically created as part of the corporate settlement agreement, a mediation or arbitration clause helps to resolve the dispute by prescribing a dispute resolution process to follow. A consent to judgment outlining the financial penalty for breach of the contract follows. This helps streamline enforcement by laying out the terms of enforcement and any related penalties before bringing a motion to enforce the consent to judgment.

Regardless of the nature of the case, all parties are—to a greater or lesser degree—averse to lengthy court proceedings and drawn-out legal battles. Corporate settlement agreements enable corporates to find a resolution to their disputes out of court, away from the scrutiny of the public eye. And under certain circumstances, enforcement or cancellation is certainly possible, albeit at the discretion of the court.

September 14, 2021
The Complete Guide to Growing Your Business

There are many factors that influence the success of a business. However, there are some that seem to have a bigger impact than others. Among these, there are two that stand out – company culture and marketing.

Company culture should be an organization’s answer to the question “Who are we?” This is the way it should think about its vision for the future, its values, its goals and how it will do business in this world. If you don’t have a company culture you can’t create a strong brand identity or truly engage with your customers.

Marketing is all about getting people to notice your product for sale in stores or online while also generating interest among potential buyers. It’s important to understand how marketing works in today’s world because it’s crucial for any entrepreneur to do it.

But that’s not all, let’s look at the key growth factors in more detail.

1. Create a Business Plan

A business plan is a formal presentation of the structure, management, and financial aspects of a company or other organization. It often contains detailed information about the background and development of the company, its products or services, marketing strategies, and financial projections for the next three to five years.

A business plan is different from other business documents like an “operating plan” (a short-term course of action) or a “strategic plan” (a long-term course of action). A strategic plan typically considers factors such as market changes or competitive pressure that may affect a company’s risk profile.

A good business plan should be reasonably comprehensive so that it can provide investors with information they need to make an investment decision. In many cases, creating a well-structured and informative business plan can help you achieve your goals. It will also form the basis of your success.

2. Choose a Suitable New Premises

The next step for a start-up is to find a suitable location. The choice of a business premises will have a major impact on the day-to-day running of the company and so it needs to be carefully considered. There are many factors that may need consideration, such as rent, accessibility, parking, amenities and more. You may also need to look into movers to hire. Especially if you’re moving from a home space.

In the past, those looking for premises would have to physically search all available properties in their area – which could be time consuming and also expensive as they would then need to secure the premises. Today’s technology now provides an alternative option – searching online for business space – which can be done from any location at any time of day or night.

3. Grow Your Audience

Every entrepreneur needs to know who their target audience is and understand their needs and wants. If you do not know who your customers are, you cannot create marketing campaigns that appeal to them.

There are many ways to grow your business and get more customers or clients. You can offer discounts or incentives for people to buy from you, advertise in other places like TV or radio, run a competition with prizes so more people can enter – these are just some of the options.

September 14, 2021
How to Invest in Stocks for Beginners
As you will realize, stock investment, when done well, can be the best long-term wealth creation vehicle. It’s gratifying to its investors, provided they can follow the fundamental principles involved in making intelligent investment decisions.

As much as no one was born with the expertise needed to invest in stocks successfully, mistakes cost money, and it’s essential to avoid them as much as possible, and when you make one, learn and keep improving performance.

Investing in top companies is an excellent idea for a novice trader. Such a company has a solid foundation and a financial track record. You’ll also find it easier to get its trading, financial information and follow their performance. Some of the top famous companies worldwide include:
- Saudi Aramco at $2458 B
- Apple at $2458 B
- Microsoft at $ 1653 B
- Amazon at $1596 B
- Delta at $ 1435 B
- Alphabet at $ 1203 B
- Tesla at $834 B
- Facebook at $ 757 B
- Tencent at $ 738 B
- Alibaba Group at $ 620 B
Investing in index ETFs is another intelligent way to invest in stock. An ETF stock Investment fund is a marketable security that tracks an index, a commodity, bonds, or a basket of assets like an index mutual fund. ETFs trade like stocks on exchanges and can be sold short or margined. Some common types of ETFs include:
- Equity ETFs
- Specialty ETFs
- Currency ETFs
- Commodity ETFs
- Bond ETFs
- Sustainable ETFs
- Factor ETFs
You can trade Real Shares on the R Trader platform from $0.0045 per share with a minimum trading fee of $ 0.25. The demo account on robomarkets.com is an excellent starting point. To learn more on how to trade in stocks as a beginner, check the infographic below. You’ll know how to do it right and the top companies in the stock market. Check below:

Infographic Design By RoboMarkets
September 13, 2021
How Your Business Can Benefit From a POS System
A POS system is an excellent way for businesses to streamline their inventory management, increase sales, and manage customer loyalty. POS systems are designed to do what they say- process your orders. POS stands for point of sale, which means that this software is used in the store when you’re checking out at the register. They can be used by retail stores or restaurants to keep track of all inventory on hand, where it’s located in the store/restaurant, who ordered what from whom, and more!

Why do you need a POS system?

A POS system can help you save money, time, and resources. You’ll be able to monitor your inventory with ease so that when it’s running low on something, like toilet paper in the bathroom or milk at the deli counter, you’re ready for a quick restock.

If you have several employees who are all managing separate registers (and sometimes taking stock of their own inventories) then using POS software will allow them to sync up their data instead of wasting time counting out each other’s cash drawers every night. Everything should be much easier if you start with harbortouchpossoftware.com which gives a flat monthly fee that covers service and support. It also ensures they don’t accidentally short-change customers because now there’s only one place where that transaction is logged- which reduces errors and keeps everyone accountable!

POS gives more than just information to your business, POS also gives you the opportunity for marketing and promotions.

You can use POS systems to give coupons or discounts based on how customers are shopping with you- either by selling a certain number of items in one transaction or meeting an ordering requirement before they get their free gift!

How it benefits your business POS

POS terminals can be used to take orders, process payments in a flash, and print out receipts in seconds. You’ll save money because there’s no need for employees manning the register 24/ hours – as soon as one cashier is clocked out they can go home!

Plus POS software takes up less space than having multiple registers on-site and it saves you from hiring new staff or paying hefty fees to an outside company that manages all of this technology for you. POS systems also increase customer satisfaction by making transactions smoother and faster which means people leave happy (and more likely to come back!).

The other benefit of POS systems is they can be used to increase your sales. Retail stores and restaurants love POS software because it allows you to take orders from more than one person at a time – meaning faster service for everyone! You’ll also have access to information like customer loyalty history, which means you could give them discounts or free items based on the frequency and size of their purchases.

What to look for in a POS system

There are many POS systems out there, but only some of them can help your business. You need to ask yourself what you want and expect from a POS system before choosing one- think about how many employees will be using it, if customers will have the option to pay by credit or cash (or both!), do you need any extra hardware like scanners?

Will this POS software integrate with other programs/software that your company uses? If you’re not sure where to start, speak with an IT expert who knows their stuff so they can recommend a POS system that works for your specific needs!

You should also ask about POS system support. Some POS terminals come with long-term customer service options while others only have access to phone or email support, which can leave you hanging when something goes wrong and there’s no one around to help. You don’t want that kind of downtime!

You’ll be able to find a POS system that covers all your bases but it may take some time looking through endless lists of companies who sell POS systems until you find the perfect match for your company. It might seem like a lot of trouble now (and maybe even expensive) but in the end, having efficient POS software will save time, money, and resources so everyone wins!

FAQs about different types of point of sale systems and how they work
- POS systems are not just for retail stores. Restaurants, cafes, bars, and other businesses that have a high volume of customers can benefit from POS software in the same ways as larger department or big box store chains.
- Retail POS systems use barcode scanners along with wireless devices to scan items quickly at checkout time so you don’t waste any time when it comes to ringing up orders. It’s also important for employees who work behind the scenes like stockers and merchandisers (who restock shelves) because they’re able to keep track of where each product is located on their assigned floor/aisle without having to ask someone else what aisle something might be down!
- POS terminals can usually handle cash payments but most restaurants opt to use POS software that allows cash, credit card, and debit card transactions.
- POS systems are secure but there should be multiple levels of security in place between your store location and your online site as well as any other applications used with this system (like inventory management) just in case something does happen while data transfers back and forth from one device to another!
Concluding thoughts and tips on choosing the right type for your business needs POS

POS systems are fast, efficient, cost-effective for businesses large and small (especially when compared with expensive cashiers), easy to use so there won’t be a steep learning curve for employees who’ve never used this type of technology before, and POS terminals can usually handle multiple languages which means no language barriers while conducting business!

POS systems also give companies an advantage over their competition because they allow customers to pay quickly without having to wait for change or fumble through their wallets/purses looking for exact bills.

We hope this article has helped you understand why your business needs a POS system and how it can help. Remember that no matter which POS system you choose, be sure to carefully consider its compatibility with other software programs like inventory management or online ordering systems. This will make managing your company much easier down the line. Good luck!
September 13, 2021
Buying An Existing Business: What You Need to Know

Ambitious entrepreneurs are always looking for new ways to build their portfolios and increase influence within their industry. If you feel you have mastered the art of online business and experienced exceptional growth, you can consider other areas to explore.

And why not look at existing businesses that could do with a helping hand from a passionate entrepreneur? Before you take the step, you should know what to expect from purchasing an existing business to make sure you can make it a success where the previous owners struggled.

It Gives You A Chance to Diversify

Not everyone is adept at knowing how or when to add new products or services to your business, so purchasing an existing business can do the hard work for you. No matter what you do right now, there is always room to show that you’re more than a one-trick pony, and increasing your service can help you take the next steps towards strong company growth.

Many entrepreneurs are put off by this as they don’t think it fits their mold. This reduces the competition and puts you in a strong position to get ahead and spread your influence.

The Product Is Proven and Established

One fantastic benefit of purchasing an existing business is how the product and even the name is already a proven entity and it has been established within the community for a long time already. This should make it easier to build a greater following, both online and for physical stores if you want to keep things familiar, at least at first.

It should also make it easier to obtain business insurance, which will protect your new venture from possible problems that you might encounter. These issues can include cybersecurity, giving you the confidence to focus on rebuilding this business.

You Can Mold It To Be A Success

While the business may not have achieved what the previous owners expected, you can take the most popular companies in the area and mold them to your vision to help them become a success. If you are serious about building an entrepreneurial empire, you can identify where the previous owners went wrong, and make effective changes that improve the company.

Some entrepreneurs will opt to completely remove the physical aspect of the store and instead rely on an online model. This adds multiple layers of convenience and relieves pressure from customers. With this, you revolutionize the business to suit contemporary trends and consumer needs.

You May Need to Rebuild Its Reputation

It doesn’t matter why the business failed in its previous incarnation, what matters most right now is that you make it a standout company that will have customers flocking to the site, browsing products or services, and going through with the purchase.

However, you may find it difficult to repair a reputation. There will always be some stigma attached to it, especially locally. Knowing what went wrong beforehand will give you the information you need to make necessary adjustments that help its reputation flourish.

You Won’t Need to Deal With As Much Startup Time

Businesses that started from the ground face plenty of challenges, and it can take months to see a profit. As this business already has a place in the area – and the industry – you can avoid a lot of the traditional startup time that you’d face otherwise.

This can help you hit the ground running immediately and take away the stress that could cause you to spread yourself too thin. With the right approach, the business will promote itself, meaning you can balance everything at once and even control both companies from one convenient hub on your computer or other devices.

Research Is Essential

You will, however, still have some issues to work around. One of the most significant issues you will face is finding out how to get ahead or even separate yourself from competitors.

Before buying the business outright, you should carry out deep, detailed research that tells you everything you need to know. From here, you can make the necessary changes to your company and plan your new marketing campaign that separates it from the past with an eye firmly on the future.

New Investments

Any investment poses a risk no matter how much you think you know. However, with your expertise in running a successful online business, you can bring your new enterprise into the modern world and make those changes that – to you – seemed obvious all along. Updating these companies without the stress of receiving funding or establishing a brand should appeal to any entrepreneur, so consider this the next time you’re thinking of growing your business portfolio.

September 11, 2021
How To Earn More Money And Save Time While Renting Your Property

If you are a landlord, there is no doubt that you want to be earning as much money and saving as much time while renting your property. This blog post will show you how to do both! We will share strategies on how to find great tenants and keep them around for the long term. You will also learn about some of the best ways to earn more money from your investment.

Consider Hiring A Property Manager

Some landlords find hiring a property manager to be the best course of action. While managing your own properties can save you money, it’s also time-consuming and demands much more work than many people expect. A professional management company will have extensive experience in dealing with tenants and repairs, so that can help lighten your load.

Though there are pros and cons to every option, the bottom line is this: You need someone who knows how to manage the rental property well! If you don’t know where to start looking for such an agent or team, there’s always software to manage your rental; the entire process takes only minutes from beginning to end – try it out!

Have A Thorough Tenant Screening Process

Too many landlords are not careful enough about who they rent their property to. You should always conduct a thorough tenant screening process, but first, you must know what information is required by your local laws and rental application requirements. Second, make sure that the potential tenants have provided all of this information before allowing them to see or sign any legal documents on your property. Maintain a relationship with your tenants and check in regularly to make sure that the rental is working out for both parties.

Collect rent on time, every month without fail! You can’t afford to miss even one payment from any of your renters; don’t let it happen because this could lead them into eviction territory if they are not able to pay their next month’s rent after you have missed theirs.

Keep Your Property In Tip-top Shape

Start by adding value to your property. Adding value and making improvements can allow you to sell for more than if it were in the same state as when you bought it, so this is a great way of ensuring that you get back what you put into it – and hopefully even more. Find an area where your home could be improved. Not everyone will have areas they can improve, but there are certain things every homeowner should look at doing first before moving onto larger or trickier jobs around their house. For example, make sure all appliances work properly first, then check whether insulation is required (and install if needed).

Tenants are looking for a place to call home, so you should always keep your property in tip-top shape. This means that the carpets have been vacuumed, there are no stains on the walls or woodwork and everything is spick-and-span clean. You’ll find that if your rental property looks great inside and out, it will be easier to rent quickly with higher rents compared to other properties nearby!

Have A Process In Place To Fix Any Problems

It is inevitable that at some point, you will have to deal with an issue or problem involving one of your properties. If it’s a small issue, like clogged gutters or broken appliances, there are often quick fixes available; in the case of larger problems, however, such as failing foundations and plumbing fixtures (or even entire walls), you may need to call in professionals who can handle these more serious matters for you.

You should always try to avoid any issues by keeping on top of regular maintenance duties yourself when possible; this includes checking your roof regularly during rainstorms if the water seems to be seeping into areas where it shouldn’t be. You should also make sure that each tenant has their own garbage disposal unit, so they don’t create more work for you when they leave.

If any issues do arise, however, then you must have a process in place to fix them without delay. After all, nobody wants to live with problems like these! That’s where your management company comes into play; having an experienced team on board during difficult times can be invaluable and help lighten your load of responsibilities—just make sure the one you are working with is trustworthy before letting him, or her take over completely!

Keep Track Of All Expenses And Income

It’s always a good idea to keep track of all the expenses and income related to each property. This way, you can easily see which properties are operating at or near breakeven, as well as those that may be running in the red for various reasons. It could be something simple like needing new appliances repaired throughout your portfolio—it might not cost much on an individual basis, but it will add up over time if every unit is experiencing problems with one or more components.

If there isn’t enough money coming in from rents, then try increasing them by any means necessary (within reason). If this doesn’t work, then consider cutting costs where possible until rent prices rise again along with market value; whatever you do, though, make sure to avoid cutting costs so much that your properties become undesirable to tenants and investors alike.

You may have a few units where the average monthly expense is low enough that it doesn’t warrant itemizing everything, but these will be in addition to any properties where this does happen. It’s always best to keep good records so that there are no surprises down the line when tax time comes around!

If everything works out as planned, then there will be no issues or problems with your rental efforts. It is also crucial that before starting any sort of business venture, one should take into account its profitability. If you are looking to make extra money, then you should choose a business opportunity that will be not only profitable but also easy and quick to implement. By following these tips, the chances of your rental efforts being successful go up significantly!

September 10, 2021