BUSINESS MEMORANDUM 6
David:
Unit 8 Paper Assignment: Business Organizations – 120 points
Category / Description / Weight / Possible Points / Points EarnedSentence Mastery / · Sentences are consistently grammatical. Major sentence-level errors, including fragments, run-ons, and comma splices, are avoided.
· Sentences are graceful, i.e., they can be read aloud without awkwardness, awkward pauses, or running out of breath.
· Language is rich, precise, and vivid. / 10% / 12 / 10/12
Grammar
&
Mechanics / · Spelling is proficient. Spellcheck has been used to avoid egregious errors.
· Grammar and mechanics are sound, including mastery of the following key elements: subject-verb agreement; verb form; appropriate punctuation and capitalization; apostrophe use; appropriate word use.
· There are no extra words, and there are not missing words. / 10% / 12 / 10/12
Organization &
Format / · Organization and structure are clear and easy to follow. Writing shows clear purpose and orderly transitions from beginning to end. Sentences consistently establish this organization and flow rather than interrupt it.
· Format meets APA guidelines and Bluebook rules as appropriate, including use of title pages. There is no playful experimentation with fancy fonts.
· It is written for the appropriate audience. / 10% / 12 / 11/12
Citation Style / · Writing shows both internal citations in the body of the text as well as a proper list of references at the end of the paper, following APA or Bluebook format.
· Citations appear consistently where needed, whether following quoted or paraphrased material in the text.
· Note: In papers requiring secondary sources, failure to provide any citation does not result in a deduction of 10% from the paper, but will result in a failed paper and a plagiarism investigation. / 10% / 12 / 10/12
Content / Based on the research you conduct on the internet:
· The pros and cons of three main types of business organizations (sole proprietorship, partnerships, and corporations) are discussed and a determination of which would be the best type of business for the Cardigans has been made.
· Research of the names that the Cardigans have suggested has been made and a discussion of whether or not these would be wise choices for their proposed business is provided including any issues that may be present if they use either of the names given by Cora and Caley.
· Use of the student’s state laws is indicated for the student’s recommended structure of business, as well as a brief discussion on the types of filing requirements that Cora and Caley will need to fulfill /
60% / 72 / 45/72
Total: 100% / 120 Possible Points / 86/120 Points Earned
Week 8 Paper Assignment – Business Organizations
The Week 8 Paper Assignment focuses on business organizations.
By way of assignment background:
Cardigan History: The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her son’s glove company. Cora and Caley, Camille’s two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia.
Your Supervising Attorney P. Strami and his associate Hammond have been called out-of-state to consult on a high profile case. Mr. Strami has recently hired attorney Mable Bacon, as she has a great legal background in Business Law. P. Strami has briefly scribbled the following information on a sheet of legal paper and indicated that you, as lead paralegal, could help Mable research information to present to the Cardigans upon P. Strami’s return to the office.
Dear Mable and Paralegal:
The Caridgans want to expand their business ventures. Cora and Caley have discussed the idea of operating a home décor store with the Cardigan family logo on the goods. The idea behind this type of business is to advertise goods that will make consumers feel that their homes represent a Cardigan lifestyle. The Cardigans cannot decide what to name their new business, as it is so different from their usual business variations of clothing and sweaters. Some of the names they have come up with include Homigans Fine Home Furnishings and Cardihome Furnishings.
Mable Bacon has come to you as the office’s lead paralegal and asked for you to research the best type of business that would meet the needs of the Cardigans.
Using the facts P. Strami provided above, Ms. Bacon would like for you to prepare a 2-3 page double-spaced memorandum to Attorney Strami and her in size 12 Times New Roman font discussing the following in the order presented:
· Discuss the pros and cons of three main types of business organizations (sole proprietorship, partnerships, and corporations) and determine which would be the best type for the Cardigans.
· Research the names that the Cardigans have suggested and determine whether or not these would be wise choices for their proposed business. Indicate what issues may be present if they use either of these names.
· Using your state’s laws and depending on the type of business you have recommended for the Cardigans, determine what types of filing requirements Cora and Caley will need to fulfill.
Please structure the body of your assignment in the following Memorandum Format:
Date:
To: P. Strami and Mable Bacon
From: [Your Name]
Re: Business Formation of Potential Cardigan Home Store
Checklist Before Submitting Your Assignment:
· Read the background facts, questions and all assignment requirements twice.
· Structure your Assignment in. memorandum format
· Organize your paper with an introduction, body, and conclusion.
Note: Your paper length of 2–3 pages is separate from the cover sheet and reference page. In other words, a 3 page paper will require at least a 5 page submission (title page, 3 pages of substantive discussion and analysis, and a reference page).
· Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right click. A vertical dropdown menu will appear. Click on Remove Hyperlink.
· Avoid the use of first person.
· Provide in-text citations. If a reference is listed in your reference page, make sure it is displayed within your submission specifically where you retrieved information from.
· Provide hanging indents where needed.
· Double space throughout your submission, including throughout your reference page. Note: This includes between your references.
· Your reference page should be separate from the body of your submission.
· Use Times New Roman size 12 font.
· Provide an APA formatted cover sheet.
A Word About APA Paper Style Format:
As you know, ALL paper submissions in this course must be formatted in accordance with APA paper style requirements. I have posted and forwarded to each of you several APA related writing resources and included these resources in Doc Sharing. Please guide your work accordingly.
Please be sure to review the following: the Course Home Announcement regarding “APA Paper Style Format, the “APA Guide,” and the multiple APA paper format resources available in Doc Sharing (which contains templates, sample papers, style guidelines, and other useful information).
A Word About Citations & References:
The use of cited research is an essential component of your work. Proper in-text citations and references to credible primary and secondary authorities, following APA style format requirements, is not only required but is a critical component of a convincing and credible paper. When you cite a resource in the text of your paper to support your work (e.g. the textbook), please identify the specific page(s) you relied upon (or quoted … or paraphrased) so that readers have the opportunity to review those identical sources. Citing the entire textbook at the end of each sentence or paragraph is insufficient. The use of specific references makes it easy for your readers to review not only these same sources but also review related concepts and do additional reading. Otherwise, your readers will have to "hunt, peck and guess," and even then they cannot be certain that they are "on the same page" as you.
A Word About Grammar, Mechanics, Style & Coherence
Please review your work for grammar, mechanics, style, word choice, clarity, spelling and typos before it is submitted. In this connection:
Grammar & Spelling: Be sure not to distract and/or lose credibility with the reader by submitting work that contains errors in spelling, grammar and punctuation. These become extremely distracting to the reader and prevent the reader from fully appreciating the substance of your paper. Some of the most common mistakes that I encounter include the improper use of subject/verb relationships, spelling errors, punctuation, comma splices and the use of slang and/or incomplete sentences. Writing is a skill that takes time to develop and I don't expect Pulitzer-prize caliber papers. However, the existence of these common mistakes distracts the reader's attention and can be easily avoided by reviewing your paper once or twice before it is submitted. Be sure to spell-check your paper and avoid these other common mistakes.
Style & Coherence: Be sure that your sentences are complete, concise, vary in structure, contain appropriate transitions, and are precise. Your paper should be well organized and contain an appropriate introduction followed by a logical flow of ideas and conclusion.
* * * * * * * * * *
Your paper was timely submitted and met the length requirement; good job.
You discussed the advantages and disadvantages of three main types of business organizations (sole proprietorship, partnerships, and corporations) and determined which would be the best type for the Cardigans. In addition, you researched the names that the Cardigans have suggested and discussed whether or not these would be wise choices for their proposed business.
While you generally discussed filing requirements, your response to the third question would have benefited from additional discussion, analysis and especially the use of your specific state law to support your work. In Ohio, for example, Section 1705.04 of the Ohio Revised Code (which relates to limited liability companies) specifically requires the filing of articles of incorporation with the Ohio Secretary of State; Section 1705.04 details what is required to be included in the articles and also sets forth additional requirements. Again, while you generally discussed filing requirements, your work would have benefited from also referencing the specific state statutory provisions (from your resident state) which are applicable to the entity you recommended.
Your work would have benefited from additional discussion regarding potential name confusions with existing entities (supported by research).
Your work would have significantly benefited from the use of additional in-text citations to credible primary and secondary authorities to support your discussion, analysis and conclusions.
Please be sure to review your work for grammar and mechanics before it is submitted (see above) and to submit the entirety of your work in APA paper style format.
Your paper was timely submitted and met the length requirement; good job.
Please feel free to contact me should you have any questions or wish to discuss.
Thanks. Prof Will Muniak
Business Memorandum
David Bumford
Business Law
Kaplan University
6-12-15
Date: 10th June 2015
To: P. Strami and Mable Bacon
From: David Bumford
Re: Business formation of potential Cardigan home store
The three types of business organizations are sole proprietorship, partnerships and corporations. The sole proprietorships are owned and managed by and individual who may also rely on family to help with operating the business. This type of business ensures that the owner has absolute control of the business. Additionally this is the cheapest form of business and is also the easiest to form. However, the sole proprietorship businesses have unlimited liability, consequently the personal property of the business owner may be possessed by creditors during winding up of the company in order to settle outstanding debts which exceed the assets of the business.
Secondly, the partnership type of business is one formed by at least two individuals who are mostly professionals. This type of business also has unlimited liability as a disadvantage. However this type of business has the merit of allowing for individuals to pool resources in order to accomplish more than a single individual could achieve in terms of mobilization of resources and management of the business.
The third type of business is the corporation. This corporation is considered to be a legal entity that is separate from its owners. This therefore means that the business bares all the liability and thus the owners’ liability is limited to the interests they hold in the corporation. Additionally, this type of business can own property in its own name and can also sue or be sued in its own name. This therefore implies that the corporation can function separately from its owners provided that it is operated by a competent management. However, the disadvantage of the corporation is that it is expensive to form and the process of incorporation is long and tedious (Spadaccini, 2007).