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.
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 compa¬nies, to determine the best form of business for the client.
Consult the listing of Delaware statutes on the Delaware state website to assist you in your research.
Combine this information with what you know about business organizations and what the client wants, so you can recommend the best form of business organiza¬tion 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 gen¬eral 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 inde-pendent 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.
Attachment:- Business_Law_Memorandum.rar