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Companies Act 2006 ? impact on company?s constitutional documents

The Constitution
by Ewan-M

From 1 October 2009 companies should be anticipating significant changes to their administration and management as new provisions contained in the Companies Act 2006 come into force. One of the areas which will require a professional review and possible amendments is the company’s Memorandum and Articles of Association. This article explains the main alterations and steps which need to be taken to comply with the 2006 Act in respect of the Memorandum and Articles.

The Memorandum and Articles of Association

The Memorandum states the company’s name, registered office address, its objects (which define the company’s power and scope of activities), authorised capital, and members’ liability. As companies can act only within the scope of their objects, defining the objects should be well-thought-out.

The Articles of Association are a company’s internal rulebook. They are chosen by the company’s members and outline their responsibilities, powers, share options and other provisions critical for running the business as efficiently as possible. It is a form of a contract between the company and its members, and between each of the members, which is legally binding on the company and all of its members.

Members can decide which rules to include in their company’s Articles, provided that the rules are not unlawful, for example are not discriminatory. It is recommended to take professional advice when drafting this document.

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New rules and their implications on the constitutional documents

The Companies Act 2006 imposes new obligations on all limited companies, regardless of when they were incorporated. Apart from the Memorandum and Articles of Association, companies limited by shares will also be required to have a Statement of Capital and Shareholdings (which can be incorporated into the new Articles), whereas companies limited by guarantee will need to have a Statement of Guarantee.

Companies incorporated on or after 1 October 2009 will adopt a new and simpler than previously required style of Memorandum. The new businesses will be able to decide whether to list objects for the company or leave them unrestricted. As information on capital and shareholdings will no longer be part of the Memorandum, the newly incorporated companies will be required to file the appropriate Statement containing this information with Companies House on registration. The Statement will become part of the Articles. Directors will have to remember to file updated Statements with the Registrar as necessary.

Changes to the existing documents

Directors and members of companies registered under the Companies Act 1985 or previous Companies Acts can choose whether or not they want to make changes to their constitutional documents following the introduction of the new rules. The parts of the Memorandum which are additional to the Statement of Capital and Shareholdings will automatically become part of the company’s Articles of Association.

However, if there are changes to the current Articles on or after 1 October 2009 or amendments approved at a general meeting and agreed take effect on or after that date, the relevant parts of the ‘old-style’ Memorandum and objects will have to be included too when filing the new Articles, unless they are also amended.

Changes to the share capital after 1 October 2009 should be reported in the new Statement of Capital.

Conclusion

The Companies Act 2006 brings major changes to the way the company’s constitutional documents are composed. Those who are not sure what steps their company should take to comply with the new regulations are recommended to seek advice from government organisations or specialist firms.

Copyright London Registrars plc.

London Registrars is a firm of company secretaries, accountants and paralegals, offering a comprehensive range of business services since 1999. As a UKAS accredited firm London Registrars ensures that their bespoke solutions and legal advice are offered to the highest ISO 9001:2000 standards. Their wide range of services is designed to provide back office compliance and governance support at every organisational level. Their professional and approachable manner allows their clients to concentrate on running their businesses and benefit from London Registrars’ expertise.

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SLO County Sheriff’s deputies illegally search the home of Matt Hart and openly discuss how they will get away with it. To date, Matt Hart has not recieved all of his firearms back from the department, including one that the deputies expressed interest in owning. This cannot be swept under the rug. Help spread this around to help gain attention so Mr. Hart can push his lawsuit against this blatant violation of his civil rights by those deputies. We cannot allow these people to shred the Constitution just because they feel like it. Original video posted with permission from www.kccn.tv and Daniel Blackburn. Thank you again Mr. Blackburn.
Video Rating: 4 / 5

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Posted on August 14, 2011 by , Reply

Personal Income Tax Is it Constitutional

EEE and EET Regime: The modified discussion paper on DTC has proposed to continue with the existing EEE (Exempt-Exempt-Exempt) regime for specified investment schemes such as GPF (Government Provident Fund), PPF (Public Provident Fund), RPF (Recognized Provident Fund), Pension Scheme administered by PFRDA (Pension Fund Regulatory and Development Agency), Term Life Insurance, and Annuity Schemes. In the original draft, the ministry had proposed to adopt EET (Exempt-Exempt-Tax) regime. It is a great relief for the Senior Citizens, as they will not have to pay tax on their withdrawals from PF, or Pension.

The definition of Associated enterprises has been modified and requirement of direct or indirect shareholding has been reduced to 26% to 10%. A loan to other enterprise in book value share has been reduced to 26% from 51%. Power of appoint directors has been reduced to more than half to more than one third. Dependence of raw material has been reduced to two third from 90%. These changes will increase the number of transaction falling under transfer pricing mechanism.

But this created a loophole. Someone who had otherwise “taxable income” could attempt to get out of paying taxes by assigning that income to his/her personal property which would take it out of the category of indirect and make it a direct tax. To make a long story short, this is what led to the 16th amendment.

So Walt went back to California and put a short movie together called “The New Spirit”. The objective was to make people feel it was their “patriotic” duty to pay the income tax. It starred Donald Duck (Walt’s biggest star at the time). Along with this movie, “Inflation” and “Spirit of 43” all played instrumental roles in the tax propaganda.

One of the major concerns of the Constitutional Convention was to limit the powers of the Federal Government. Among the powers to be limited was the power of taxation. It was thought that head taxes and property taxes (slaves could be taxed as either or both) were likely to be abused, and that they bore no relation to the activities in which the Federal Government had a legitimate interest. The fourth clause of section 9 therefore specifies that, “No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.”

All the business has its own image and entity and the tax identification number is used to identify this entity. Simply to be said that it is used to identify employer’s tax accounts. It is also known as Employer Identification Number (EIN) or Taxpayer Identification Number (TIN). The Federal Tax Identification Number or Employer Tax Identification Number or EIN is a nine digit number and it is used to fulfill most of your business needs. It is to be mentioned that, Internal Revenue Service (IRS) assigns the federal tax ID number to identify the business.

In the late 1800’s and early 1900’s, there were a number of corporate tax cases which ruled what was and what was not “income.” In general the government can only tax via two methods – either directly or indirectly. Article 1, Section 9, of the Constitution says a direct tax is a tax that is levied directly upon a person or property, and therefore, it must be apportioned among the states based on the states population. (A primary reason we have a national census.) An indirect tax is levied upon a privilege or an action, such as a corporation, or a sales tax on certain products or business.

There are others from the IRS including Sherry Jackson, a former, highly decorated, revenue agent who wanted to answer the questions posed by the “We the People Foundation.” We the People Foundation were offering ,000 to anyone who could prove the average American was liable to pay taxes. Ms. Jackson wanted to prove them wrong and to collect the ,000; but she could not find the law, even though she worked for years with the tax code while in the IRS, it just was not there. She now works to help the THM educate the American people.

Remove the Federal Reserve and return all money functions back to the government. All Federal Reserve banks should be converted to clearing houses for management of member banks. The banks system should be prohibited from practicing fractional reserve banking and the government should return to value based currency and prohibit debt based currency.

For many in the freedom and tax honesty movement dual citizenship or the dual meaning of the term “United States” Citizen causes a bit of confusion. The term “United States” when used in the Constitution means the many states of the Union however when used in federal statutes it means under federal jurisdiction within the federal enclave or territory.

Direct Tax Code Changes In Transfer Pricing Regulations. Visit <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link/4053491’]);” href=”http://www.scltaxlaw.com”>federal tax Lawyer</a>. Taxes What Are They and How Can They Help Society. Visit <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link/4053491’]);” href=”http://www.scltaxlaw.com”>stopping wage garnishment</a>.

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How many rights will you allow stripped from you? Watch first eps! www.youtube.com Subscribe to us! www.youtube.com The final episode of our series showcasing what would happen if other rights in the state constitution were taken away. What if you were discriminated against? GET INVOLVED MORE IMPORTANT NOW THAN EVER! FIND EVENTS IN YOUR CITY: www.dayofdecision.com EQUALITY CALIFORNIA: www.eqca.org Created by Benny & Rafi Fine www.TheFineBrothers.com Starring Lisa Schwartz as the Interviewee Rafi Fine as the Interviewer Camera by Benny Fine Sound by Jon Green Every episode we will take another part of the California Constitution and see what would happen if that right was taken away just like same sex marriages were taken away. We did not make this series with any company or for any money. We made this on our own and with the help of other great cast and crew to make a statement against the passing of Prop 8 and a message of equal rights for all. MORE INFO ABOUT PROP 8: Attorneys for same-sex couples, civil rights organizations and the state Attorney Generals office appeared before the California Supreme Court on March 5th 2009 to urge the court to strike down Proposition 8. At issue in the case is whether the initiative process can be used to take away a fundamental right only for one group of Californians based on a trait in this case sexual orientation that has no relevance to the groups ability to participate in or contribute to society. Because the case has serious …
Video Rating: 4 / 5

Posted on August 4, 2011 by , Reply

Constitutional and Statutory Limitations

The Constitution
by NCinDC



There are many limitations on California’s power to tax income derived from sources outside of California.  Jurisdictional and constitutional questions are present that may restrict states and the federal government by statute also can regulate states ability to raise taxes.

The Commerce Clause of the United States Constitution does not restrict states in taxing interstate commerce.  However, case law has established certain principles in determining the validity of state taxation of interstate commerce.

Interpretation of the Commerce Clause in the nineteenth century held that any interstate commerce was immune from state taxation.  Direct taxes were regarded as an undue burden on commerce between states.  Not until 1977 did the Supreme Court issue a definitive statement on the issue.  In Complete Auto Transit v. Brady, 430 U.S. 274 (1977), the Court applied a four-pronged test to validate state taxation of interstate commerce.  The tax must:

1.                  Be applied to an activity with substantial nexus to the taxing state

2.                  Be fairly apportioned

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3.                  Not discriminate

4.                  Be fairly related to the services provided by the state.

The substantial nexus requirement is met when a business is located or present within a state.  Fairly apportioned requires use of a formula allocating the tax base between jurisdictions in a fair manner.  The discrimination requirement is applicable in cases when a company is subject to multiple taxation e.g. more than one state taxes the same income.  Fairly related to services provided covers police, fire protection and advantages of a civilized society.  It is unlikely a company could challenge a tax on grounds it was not provided these services.

The import-export clause of the Constitution restricts the states ability to tax income from foreign commerce.  But in the same analysis, the tax is valid if the commerce clause tests are met, the tax is applied to all businesses in the state and it is not a special protective tariff.

Another constitutional issue is found in the Fourteenth Amendment.  The due process clause as interpreted by the Supreme Court requires a connection between the interstate activity and the state, and a rational relationship between the income attributable to the state and intrastate values of the enterprise.  These requirements are generally satisfied by a sufficient nexus existing between the state and the entity taxed.

Further limitations exist because of the sovereign immunity doctrine.  States may not tax federal instrumentalities or income derived from them.  The State of California has avoided this by considering the tax on corporations to be a tax imposed on the corporate franchise, its right to do business, and not on its income.  Therefore, income from federal obligations can be included in the tax base.

Statutory limitations result from Congressional action restricting state taxation of income from sale of goods in interstate commerce when certain activities are limited.  Public Law 86-272 prohibits any state tax imposed when the business limits its activity to solicitation of orders and no substantial other business takes place.  Also, the company cannot have any inventory stored or maintain an office within the state if protection under PL 86-272 is to be achieved.

Stephen Sears is a Certified Public Accountant (CPA) and an investment advisor with a Masters degree in Taxation.  He has a Bachelor’s degree in Business Administration.  Mr. Sears has been the featured speaker at hundreds of seminars and has been intereviewed countless times on television and radio.

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Posted on July 31, 2011 by , Reply

Q&A: What constitutional protection to salvery did the constitution provide?

Question by miranda.: What constitutional protection to salvery did the constitution provide?
I need to know about slavery in the constitution, like..how did slavery encourage different interperations of the constitution and the nature of the union?

Best answer:

Answer by Chuck G
Volumes could be written on the topic. Sorry but you’re going to have to do your own research.

What do you think? Answer below!

Posted on July 27, 2011 by , 3 comments

Newly Launched Website Breaks The Mold By Using Irreverent Humor to Teach Constitutional Rights

Newly Launched Website Breaks The Mold By Using Irreverent Humor to Teach Constitutional Rights












Evanston, IL (PRWEB) November 20, 2009 —

Our Constitutional Rights is a new website that couldn’t be more different from educational materials found in most high school and college classrooms. It uses a mash-up of movie and TV clips, grabs from YouTube and blogs, news footage and music videos — tightly woven with laugh-out-loud text and edgy visuals.

“There are textbooks that do a superb job of teaching civil liberties. Our Constitutional Rights complements those formal lesson plans.” says Pat Shiplett, editor. “The Constitution contains the most powerful ideas ever put on paper. Humor helps bring them to life.”

Parents and teachers who encourage students to think outside the box will appreciate that Our Constitutional Rights blows the dust off our civil liberties and shows how they shape our daily lives.

Like the Constitution itself, the site deals with mature themes — from religion to the death penalty to the bedroom. It’s written for mature teens and older.

For all its humor, ourconstitutionalrights.com happens to be a smart, well-organized reference tool that anyone researching a classroom assignment, facing a citizenship exam or just exploring our freedoms will appreciate. It moves from the Bill of Rights through the Civil War amendments to voting and reproductive rights. Visitors are directed to full constitution texts, landmark court decisions, a mouse-over glossary and helpful links.

With the Intercollegiate Studies Institute http://www.americancivicliteracy.org/2008/summary_summary.html reporting that fewer than half of all Americans can name the three branches of government, Our Constitutional Rights may be a fresh approach whose time has come.

About Our Constitutional Rights

Our Constitutional Rights (url:ourconstitutionalrights.com) is an educational, non-commercial public-service website (Fair Use copyright limitations apply). It is published by volunteers to build awareness of our inalienable rights and to help secure their blessings for generations to come.

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Posted on July 26, 2011 by , Reply

Mandate to buy health insurance might not be constitutional

The individual mandate to buy health insurance is a key part of the Democrats’ health-care plan. Their package, if they can pass it now, doesn’t work without the mandate. But is it constitutional?

Sen. Patty Murray, a Democrat, who has been working to pass it, said it is, easily. “We have done it before,” she said, noting that Social Security, which is federal, is mandatory insurance.

But when it came to the Supreme Court in 1937, Social Security was approved as a tax and a spending program. A single-payer plan might be approved that way, but not the current plan. This is mandatory private insurance.

Requiring people to buy that, former Sen. Slade Gorton, a Republican, told me, is “clearly and blatantly unconstitutional.” He immediately sanded down that statement, however, by saying the Founders would have thought it so. Today’s Supreme Court would split on it, he said, and “it will probably be Justice Kennedy who decides it.”

The argument against the mandate is that it exceeds the powers of Congress. The Constitution lists these powers in Article 1, Section 8, from declaring war and fighting pirates to imposing taxes, borrowing money and running the Post Office. They describe a small government. It has grown large by stretching one thing on the list, the power “to regulate Commerce … among the several States … ” This has been interpreted to cover all activities that affect commerce, from racial discrimination to growing marijuana to a hundred other things.

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As it said “yes” to federal power, one claim at a time, the Supreme Court kept saying there was a limit. There had to be, otherwise the commerce power would swallow up all the others and federal power would be unlimited. But in 75 years the Supreme Court has only twice said a law exceeded that limit: a gun law and a rape law. Both cases were decided 5-4, with the swing vote Justice Anthony Kennedy’s.

Now comes the mandate to buy health insurance. “The question,” said attorney David Rifkin, who spoke to the Federalist Society in Seattle last fall, “is how to shoehorn this into the Constitution.”

For some, it is easy. Stewart Jay, who teaches constitutional law at the University of Washington School of Law, and has written several histories on constitutional law, said: “Congress is allowed to regulate economic activity, and buying insurance is an economic activity.”

Case done.

Rifkin, of Baker & Hostetler, Washington, D.C, said, “there is something really weaselly about that argument.” The commerce power has always been about regulating an activity. And Rifkin said, “Is refusing to purchase insurance an activity?”

Attorney General Rob McKenna is among a group of Republican state attorneys general who may challenge the individual mandate on just that point.

“My opinion,” said McKenna, “is that it isn’t clear where the federal government would derive its authority to force individuals to buy health insurance. These are individuals who have chosen not to participate in commerce.”

I like McKenna’s argument because I like where it goes. I don’t want government to tell me how to spend the money I have left over after paying taxes. The state government may do it — with car insurance, for example — and that’s enough for me.

The Supreme Court could go either way on this. In the end, it comes down not to who’s “right” about the law, but about what people want.

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Posted on July 25, 2011 by , Reply

Berkeley City Council Calls for Revocation of Corporate Constitutional Rights

Berkeley City Council Calls for Revocation of Corporate Constitutional Rights










Berkeley, CA (PRWEB) June 19, 2004

On June 15 the Berkeley City Council became the latest and largest city to pass a resolution regarding corporate constitutional protections. The council unanimously supported amendments to the California state and U.S. Constitutions declaring that corporations are not granted the protections or rights of natural persons and that expenditure of corporate money is not constitutionally protected free speech. The resolution asserts that corporations dominate the political process and deny citizens their right to govern through democracy. The resolution is available by phoning 1-866-280-1409 x600 or on the web: http://www.personsinc.org/Berkeley-resolution.html    

Ted Nace, founder of Berkeley’s Peachpit Press, a leading computer book publisher, said, “This resolution is not anti-business. In fact, placing limits on the political power of mega-corporations aids independent businesses and smaller chains.” He added, “It coincides with perfectly sound business logic. Eliminating the judicial construction of corporate constitutional rights is quite vital to preserving and enhancing business conditions.” Nace authored the book, “Gangs of America: the Rise of Corporate Power and the Disabling of Democracy.”

Councilmember Betty Olds said, “I voted for it after so many people contacted me in favor of it plus just common sense that it was the right thing to do.”

The Berkeley resolution is the most recent resolution in the U.S. addressing what is frequently referred to as “corporate personhood.” The first was in Point Arena, CA in 2000. Arcata, CA passed a resolution this May and is currently drafting local legislation. Licking Township in Pennsylvania has so far passed two ordinances and has several more pending.

The Washington, Maine, and New Hampshire state Democratic parties have recently adopted platform planks decrying corporate personhood. The Green Party also has a similar plank in its national platform.

The Berkeley City Council vote comes while the documentary film, “The Corporation,” a study of corporations, their origins and their place in the modern world, is playing at a local Berkeley cinema as well as nearly 300 theatres all over the country.

Resources

http://www.reclaimdemocracy.org/campaigns.html


http://www.Personsinc.org


http://www.SFPersonhood.org


http://www.thecorporation.com


http://www.wilpf.org/section/campaign.htm


http://www.uua.org/world/2003/03/


http://www.reclaimdemocracy.org


http://www.gangsofamerica.com/


http://www.poclad.org/


http://www.ci.berkeley.ca.us/commissions/peaceandjustice/2004peaceandjustice/minutes/011204M30.htm

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Posted on July 12, 2011 by , Reply

Separate Constitutional Amendments Procedures

The Constitution
by wallyg

From a new Nation with three Regions at independence in 1960, Nigeria by the time it became a Republic in 1963  and Nnamdi Azikwe as the Ceremonial President, Nigeria under the Prime Minister of Tafawa Belewa with  a gang up of two out of three regions of North and East had the West divided into two with the Igbo speaking tribe in the new Mid-West and other minorities in the old West like the Edos, Itsekiri, urobos etc, meaning,  the first state or regional creation was to weaken the Western Region not to strengthen the group or the nation, it was  a political vendetta that marked the beginning of anarchy in Nigeria, however the rest of these political maneuver and imbroglio is now history.

The assumed union of West and East regions was prevented by the political rivalry between Nnamdi Azikwe and Chief Obafemi Awolowo the man whose political party demanded for Nigeria independence with two motions first presented by Chief Akintola which was short down and later by the youngest parliamentarian Chief Anthony Enahoro though a trace of this union could be seen with UPGA 1964, Progressives in 1979, 1983respectively, it was only a mirage in the minds and activities of the South.

However, the political superiority of North and largeness of its land mass over north of Rivers Benue and Niger has always baffled the whole nation, but in reality  the North has never totally integrated itself into what Nigeria as a country should stand for, but a group which must stand as one, to get or have it’s way in a new entity called Nigeria, or the South has despite it so called western education failed to understand what the North want but to drag on this region towards western ideas without regards for its  religion, culture and social life. All these points were raised by this writer in a similar article published this year “The Clash of Civilizations Vs West African values”

The cracks in the North however, has always been with the Christian community of the Middle Belt led by Tarka and presently by Solomon Lar and that of COR states in the East which were ignored with the first state or regional creation in 1963, a hope that was fulfilled when one of theirs became Head of State, firstly, with General Yakubu Gowon satisfied the yearnings of the minorities that was ignored with new 12 states in 1967 More States creation under Murtala Mohammed in 1976 with additional 7 new ones, between General Ibrahim Babangida and General Sanni Abacha officially from Kano but whose root was actually from Old Bornu Empire, were meant to satisfy the minorities, 17 new states were created to give the country this new 36 states.

The  North  of Nigeria despite the economic challenges and nothing on the table since groundnut pyramids like Cocoa and Palm Oil disappeared from visibility of all and replaced with Crude Oil, It however, remains the region with more states notwithstanding its thin or probably non existing population apparent to all, but  Kano State remains  the most visible area of human concentration in the North of Nigeria, the rest remain questionable as to where the population the North claim actually resides compared to the human settlement in the South of Nigeria.

In the face of the intricacies of political maneuvers, it is obvious, that the North will never move at the same speed like the Southern States in the what will be the solution to speedy growth of Nigeria i.e. if Western civilization system continue to be the yardstick for growth., while, the North consider the Islamic juncture and feudal North interest like the interest of the Mallams, Emirs and political empires set up by the Old Sokoto Caliphate, Bornu empire paramount  before adopting any decision seen  too westernized, the region view the South  as an allied of  the West led by United States of America  too close for comfort or “Karferi” in spiritual believes, in order words the North and South sees the future of Nigeria  in a different perspective.

How can these two views that affect the future of 150 million people around River Niger be conducted? Constitutional amendment can not be done correctly with this current scenarios, Nigeria must move towards dichotomy approach in constitutional amendments, 2/3 amendment approach must operate in North and South bases, separately definitely, not in Nigeria as a whole. The Northern States must find 2/3 amendment majority in all its states assembly to create a workable constitutional amendment  acceptable to its people and religion and culture and doctrine, this will put to rest the fear of invasions of Western Civilization on the North routed in Islamic and Northern interest.

The New South of Nigeria of Old West and East  will be freed to design also, like its Old Northern Region,  a workable Constitutional amendment with 2/3 amendment  mentality in all the states assembly in moving faster and speedily on all areas of western civilizations the South was forcing on the throat of the  North since 1960 without any regards for the culture and belief system of the custodians of Hausa Fulani legacies,  with this in mind,  under age marriage will not be strange to the country but the belief system of the North, when the North continue to go full blown towards Sharia nobody in the South will complain as why or how it will just be given, same for the South, that will be freed to adopt State and City police, FOI decentralization of all government activities  and other western ideas the South deem fit towards attaining it political and economic goals

The above scenario will be the solution to Nigeria political and economical problems based on respect for human dignity, hopes, religion and culture. The South must come quickly to conclusion that forces the North to adopt the western civilizations, or typical western system of Democracy on its people for it not to be a cog in the wheel of progress against South interest.

The North is and will always be a region with a proud history of Islam, routed in both Sokoto Caliphate and Bornu Empire as controlled by the Emirs, also as custodians of Islam in Africa will not only foot drag issue but will also resist it being dragged towards western interest.

Will this break Nigeria into two? No. Nigeria will still be one country with one President but with each region allowed to develop at its own pace, to continue to adopt what we have now in constitutional amendment process is to drag the country and its 150 million people on senseless Israeli journey.

With most of the Northern States leaders  in form of AREWA, Elders meeting  and governors coming together to discuss common issues to protect the North interest in a nation that is suppose to be one, the Region has made it choice clear for all who cares to know, the  North will always be one and should be allowed to growth at its own pace, not at the dictate of the South which in the opinion of the North, is considered lost to western civilizations, while the future of the South has always been championed by various leadership groups it is however, handicapped with corruption from the  Governors and government officials while that of the North is affected by religion, corruption and  reluctances in adopting anything too westernized, Nigeria must see the need to have a change of strategies in getting to the root of its problems and perhaps the lasting solution will be to adopt this two method of 2/3 constitutional amendment procedures base on North and South approach rather than the country as whole.

Zents Sowunmi is the President of the Korloki Corporation a Business Consulting, Staffing, and Training Company and Korloki Publishing Company Irving, Texas. He also runs the AHTCOM Inc based in El Paso, Texas a company that provides a market platform for African manufacturers and Hispanic companies in South America and United States Border States.

Zents holds an MBA, Post Graduate Degree of the United Kingdom based Chartered Institute of Purchasing and Supply Management, and several professional certifications.  He is the author of Before the Journey Became Home, 100 Ways to Laugh, What Happened to Our Democracy? And is also completing work on several other publications, the fear of Tomorrow, Keep Going, and Not a Stranger Any More.Some of his books are currently being translated
to Spanish and French languages.

 

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Posted on July 6, 2011 by , Reply

Usa Overcomes Constitutional Bumps to Implement Smoking Bans!

Smoking bans are the most preferred and implemented measures taken up in order to combat the epidemic of smoking addiction. The smoking bans found easy implementation following the fact that smoking is an evil that also has characteristics like passive smoking and contaminating the environment at large. In most of the developed countries smoking has been banned indoors. Even in the places like pubs and restaurants where smoking was a common sight and a trend the ban has been implemented. In many of the countries the concerned authorities have also gone a step further and passed smoking bans in the outdoors like the parking lots, roads, schools vicinity etc. People are also found to be warmly welcoming the acts for the greater good of the society and the smokers have no other choice but to accept the rules. They can definitely go against the laws but at the risk of paying huge penalties. So it is natural that people decide otherwise.

However, banning of smoking is not all that easy as it seems to be. The governments or the concerned authorities have to take many related issues into account. Various financial, political, and social issues have to be addressed in order to take steps like banning of one of the most pervasive and revenue generating addictions.

US have one of the largest smoking addicted populations. It is nothing short of an epidemic in this country, in fact in US huge expenses are incurred in treating the smoking related illnesses. The human resource that it was losing was another matter of grave concern and hence the need of smoking bans. There was however, a very major hurdle towards achieving this goal. The US constitution prevents the implementation of any form of smoking ban in the country by the United States Congress under the federal law. This rule is laid down in Article One of the constitution. But as they say, where there is a will there is a way. Different states of USA came up with smoking bans in their respective states as according to the Tenth Amendment of the Constitution the power to enact smoking bans were vested with the states. Thus, the purpose was solved without making the extreme move of violating the Constitution of the country.

This is a lesson to learn from for India which is also a country where smoking is extremely widespread. India also has a large number of people addicted to chewing tobacco. Still India has not experienced any effective smoking bans as of now. In India the Amendment of the Constitution also becomes a very thorny subject primarily because of the innumerable number of parties existing in this country. But where the matter of public welfare comes in, all the other differences should be kept aside and a way out should be sought amicably. It is indeed sad when the Constitution which is for the welfare of the people, comes in the way of its very purpose.

Today, giving up the addiction of smoking has become easier with the help of the quit smoking drugs. Pfizer chantix is a popular quit smoking pill. The drug is easily available in the online pharmacies from where you can buy chantix online. The chantix side effects can be dangerous at times hence the prescription is mandatory. The good news is that the drug is marketed online and no constitution objects to buying or selling of quit smoking drugs.

The author is a health expert and writes articles on various issues related to the causes as well as consequences of smoking and also on the quit smoking medicine
chantix. For more information, details and advice on smoking related matters, visit the website chantixhome.com

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Posted on June 21, 2011 by , Reply

New Polish Citizenship Act was brought before the Constitutional Tribunal

The President of the Republic of Poland, Lech Kaczyński before tragical death, brought Polish Citizenship Act before the Polish Constitutional Tribunal. The President threw into question regulations that extend the authority of a province governor (Polish voivode) by giving him or her the right to recognize foreigners as Polish citizens and grant them Polish citizenship, which opens doors to get Polish passport.

In reasons for raising the discussion, Lech Kaczyński stresses that in accordance to the Constitution this is the President who grants the Polish citizenship and approves of renouncing it. Current regulations allow a province governor to recognize a foreigner as a Polish citizen only in two cases.

In reasons for raising the discussion, Lech Kaczyński stresses that in accordance to the Constitution this is the President who grants the Polish citizenship and approves of renouncing it. Current regulations allow a province governor to recognize a foreigner as a Polish citizenship only in two cases.

These two exceptions apply when a foreigner has no citizenship and has lived in Poland for at least 5 years on the basis of a settlement permission or when has got married to a Polish citizen, this marriage has last for at least 3 years and the foreigner has got a permission to settle in Poland.
However, the Act thrown into question extends number of cases when it is possible to recognize someone as a person who holds Polish citizenship.

According to the Act, a province governor would be able to recognize a foreigner as a Polish citizen when he or she has lived in Poland for at least 2 years on the basis of a settlement permission if he or she has no citizenship or has a refugee status or has been married to a Polish citizen for at least 3 years or has got a settlement permission by proving his or her Polish origin.

Lech Kaczyński stresses that “the President is the one and only constitutionally authorized body that is able to grant the Polish citizenship”.

A province governor would also be able to: (1) recognize a child as a Polish citizen whose one of parents has the Polish citizenship; (2) recognize people as Polish citizens who have stayed in Poland continuously for at least 3 years on the basis of a settlement permission, have got the right to the dwelling they occupy and have regular incomes; (3) recognize people as Polish citizens who   have stayed in Poland continuously and legally for at least 10 years (if they have got a settlement permission, have got the right to the dwelling they occupy and have regular incomes).
Lech Kaczyński stresses “the Constitution explicitly presents one way to be given the Polish citizenship – granting the Polish citizenship by the President”. Therefore, in his opinion, allowing a province governor to recognize a foreigner as a Polish citizen “inevitably leads to weakening the President’s prerogative”.

Extending number of cases when this is a province governor who could decide that someone should be recognized as a Polish citizen ought to be done “with much care”, as we can read in justification of the President’s decision. “Delivering solutions that bring identical result as granting the citizenship and that are intended for a particular foreigners’ group who is subject to decisions of the government body raise doubts from the perspective of the Constitution”, we can read in the justification.

Lech Kaczyński stresses “the President is the one and only constitutionally authorized body that is able to grant the Polish citizenship”. That is why – he continues – legislators “cannot come into a domain that is constitutionally reserved for the state body representing the Republic of Poland in home affairs”, regardless of whether there are another ways of being given the Polish citizenship than granting it by the President.

The President also points out that the fact of recognizing as a Polish citizen was present in the  regulations from 1920 and 1951. The main purpose was to facilitate dealing with Polish citizenship matters after “two historic cataclysms of the First and Second World Wars that brought about social and political changes and mass migrations”. In the President’s opinion, keeping this possibility in the following regulations “is not that important”. This matter is very important today – as Polish citizenship allows to use Polish passport – and Polish passport, because of Polish membership in UE is very desirable thing in many parts of world

New Polish Citizenship Act is to replace current regulations.

Recognizing as a Polish citizen – as Lech Kaczyński stated – is a special procedure: complementary to granting the Polish citizenship by the President and extraordinary as well. To his mind, extending number of cases when a province governor is able to recognize a foreigner as a Polish citizen in the Act thrown into question “means that legislators no longer continue to treat recognition as a Polish citizen as an extraordinary case”.

According to Lech Kaczyński,  “there is no doubt that in this case extending the authority of the government bodies in matters that are traditionally reserved for the President’s prerogative (Polish citizenship issues) takes place”.

A new Polish Citizenship Act is to replace current regulations and fully settle the rules of being given the Polish citizenship. The Act – apart from such ways of being given the Polish citizenship as by birth, by adoption, by repatriation, by granting or by recognizing as a Polish citizen – introduces the possibility to restore the Polish citizenship. A decision on restoring the citizenship is to taken by the Minister of Interior and Administration.

New law anyway would not change dramatically situation of Polish emigrants – who are interested in confirmation of Polish citizenship and who want to get Polish passport.

 

Article from articlesbase.com

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Posted on June 12, 2011 by , Reply
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