57-1-2 Words of inheritance not required to pass fee. The term “heirs,” or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate. The Rights of Heirs under a Trust or WillSooner or later many people find that they are going to inherit money or assets from a relative or friend’s trust or estate and that is usually a bittersweet discovery. They have lost a loved one or a good friend but are also going to receive an asset, usually tax free that can make a huge difference in one’s life. It is a gift of love from someone who often was an important part of life and that gift is often a very emotional event. And then the weeks, then months pass, and the asset somehow is not transferred and seems mired in various court or tax issues that delay the actual transfer. What was a gift from a friend or loved one becomes a matter requiring complex documentation, many meetings, letters or discussions, costs for attorneys and accountants, executors, trustees and even filing fees for courts. It may seem that the executor or trustee or legal and accounting professionals are grasping what they can from this gift of love. For many heirs, frustration and often anger mounts. We hear it all the time. What began as a gift ends up as a complicated and, at times, an apparent expensive exercise of bureaucratic inefficiency. Often the heirs have goals and plans for the inheritance that are delayed or made impossible as the probate process slogs along. The executor or trustee seems disinclined to move it along with efficiency yet seems to want his or her fees promptly. Tensions rise. Probate versus Trust AdministrationProbate: This is the public legal process by which a decedent’s property is distributed to the specified heirs under court supervision. An executor (if there is a Will) or administrator (if they die without a Will) is appointed by the court and that executor/administrator has the obligation to account for all assets, pay all creditors, pay all taxes, and, with court approval, make a formal accounting and then pay the remainder to the specified heirs. If there is a Will, the Will will specify the heirs. If there is no Will, the law will specify who inherits what. The executor or administrator receives a fee for his or her services, usually specified in a schedule published by the court and is allowed extraordinary fees if particular services are required, such as commencing litigation or selling real property. The executor or administer has a fiduciary duty to the heirs and is personally liable for failure to perform. The process is a public one with documents filed with the court and available in the court records. Normally, an accounting is filed within a year and the probate is closed with the court approving the final accounting and distribution one to two years after the probate begins. If taxes are due the probate will remain open for at least a year since there are tax advantages in that approach. Estate taxes are only due of the assets are substantial (over five million if a single person, over eleven million for a couple) but income tax returns may have to be filed for the estate. Attorneys are usually hired by the executor or administrator to handle the various legal filings and an accountant as well to help with the accounting and tax returns. The attorney’s fees are also set by court schedules with extraordinary fees available if there is litigation or complex business aspects to the estate. Accountants are usually paid their normal hourly fees. Trust Administration: If one has a trust, normally there is no public probate process and the terms of the trust appoints the trustee or trustees, describes their duties, describes what fees they are entitled to, and provides for distribution of assets either outright or in trust both during the life of the creator of the Trust (the “Settlor”) and after the death of the Settlor. Trust administration is often faster than probate, but taxes still must be paid, and attorneys and accountants are usually retained by the trustee. Trustees have fiduciary duties to the beneficiaries of the trust and while there is no probate filed, the court is available to enforce the terms of the trust. Basic Rights of HeirsAn heir is commonly thought of as someone who receives money or property from a person who has died. In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (died “intestate.”) The succession of intestate heirs is based on direct descendants, such as children or grandchildren. Other relatives, such as sisters and brothers, or aunts, uncles, nieces, nephews, and cousins, are called collateral heirs. If there is a written will, it specifies who will inherit and it often is not the people that would normally inherit intestate. A trust has “beneficiaries” rather than heirs, but they are treated the same as heirs in a will with their rights and inheritance being spelled out in the trust instrument. A person who receives property or a share of an estate under a will or trust has certain rights as soon as the will is probated, or the Settlor dies. Probate is designed to protect the rights of will beneficiaries. A trust beneficiary has the right to receive the share entitled in a timely manner and to receive written notice of the all substantive trust proceedings. A wise executor or trustee will provide ongoing reports to heirs and beneficiaries and, if the estate will take years to settle, will ask the court to allow preliminary distributions to the heirs. The fiduciary should promptly answer questions from the heirs as to status and the assets in the estate. Once the probate process has completed payment to creditors and taxes due as well as the accounting, distributions to heirs should promptly follow. While the trust document normally describes the process required of the trustee, the beneficiaries are also entitled to information as to assets, state of administration, and prompt payment of sums due them under the trusts. AccountingA beneficiary may ask the executor for an account of what actions the executor has performed for the estate. Any such report should be in writing, and the executor or trustee should be expected to provide supporting papers, such as receipts or canceled checks for payments, proof of asset transfers and statements from any estate bank accounts. The supporting papers must conform to the information the executor or trustee provides. Executor or Trustee Compensation ApprovalBeneficiaries have the right to object to the level of compensation an executor or trustee requests for services but assuming those requests are within the guidelines set by the court or trust instrument, such objections are unlikely to be approved by the court. Note that many executors do not wish to be paid since often it is a relative who acts as executor and they may waive compensation either due to family connections or because such compensation is taxable, and they may rather just inherit their share. In trusts, the compensation is normally set in the terms of the trust but if the terms are generic “reasonable” or “appropriate,” then the court is available to review and, again, conforming to the court schedule is usually required. Fairness to Beneficiaries and HeirsThe will or trust beneficiaries are entitled to an executor or trustee who performs duties fully and honestly and without favoritism. An executor must not act in a way that harms the estate or favors one beneficiary over another, behave in a dishonest or illegal manner or fail to abide by the legal obligations. An heir may petition the court if he or she believes the executor or trustee has failed to perform duties properly but note that the burden of proof is on the petitioner. Courts give executors and trustees discretion as to many decisions and will not normally replace business judgment of the executor or trustee with the court’s own. But self-dealing or using trust resources for improper purposes is something courts will not allow. Remedies can be extreme, including personal liability of the fiduciary, removal of the fiduciary, etc. Relief AvailableHeirs can seek relief from the court via use of a petition during the pendency of the estate, or later, a complaint for breach of fiduciary duty if the wrongdoing is discovered after the estate is closed. Such a process can be expensive and prior to filing a petition or suit, careful analysis of the potential causes of action should be conducted by competent legal counsel in the venue of the estate. A trustee is subject to court review if a beneficiary claims wrongdoing and that can occur during the time of the trust or thereafter, subject to the statute of limitations. Each heir is owed a fiduciary duty by the executor or trustee. Each heir is owed an accounting and information as to actions occurring in the estate or trust and each heir is owed prompt distribution of his or her inheritance. But the heir must act to protect his or her interest and that may mean filing a petition in a court of law seeking relief. Inheritance Law and Your RightsInheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children, and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies. Inheritance Law in Community Property StatesCommunity property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods: In a community property state, each spouse owns a one-half interest of the marital property. Spouses have the right to dispose of their share of the community property in whatever way desired. A deceased spouse, for instance, can elect to give his or her half of the community property to someone other than the surviving spouse. Spouses cannot give away the other spouse’s share of the community property, however. A provision in a prenuptial agreement may also change a spouse’s right to distribute the property. A spouse has the sole right to dispose of their separate property. A deceased spouse can distribute both their separate property and their share of the community property in a will. Inheritance Law in Common Law StatesUnlike a surviving spouse in a community property state, a spouse is not entitled to a one-half interest in all property acquired during the marriage. In a common law state, both spouses do not necessarily own the property acquired during marriage. Ownership is determined by the name on the title or by ascertaining which spouses’ income purchased the property if a title is irrelevant. If, for example, only one spouse takes the title to a property, the spouse with the name on the deed owns the house even if the other spouse actually paid for it. A surviving spouse in a common law state has protection from complete disinheritance, however. Every common law state has different guidelines, but most common law states’ inheritance law allows the surviving spouse to claim one-third of the deceased spouse’s property. A deceased spouse can choose to leave less than a state’s mandated inheritance right, but the surviving spouse may make a claim with the court to inherit the predetermined amount. The will is carried out according to the decedent’s wishes if the surviving spouse agreed in writing to accept less than the statutory amount or the surviving spouse never goes to court to claim the legal share. Inheritance Rights of a Spouse after DivorceOnce a divorce becomes final, many states automatically revoke gifts made in the will to the ex-spouse. In other states, a divorce has no effect on gifts to the ex-spouse. It is best to create a new will after a divorce becomes final to prevent an unintentional gift to a former spouse. Inheritance Rights of ChildrenUnlike a spouse, a child generally has no legally protected right to inherit a deceased parent’s property. The law does protect children when an unintentional omission in a will occurs, however. The law presumes that such omissions are accidental — especially when the birth of the child occurred after the creation of the will. Depending on whether a spouse survives the decedent, the omitted child may inherit some portion of the deceased parent’s estate. If the omission was intentional, though, the will should expressly state this. Rights and Liabilities of HeirsNo one is an heir to a living person. Before the death of the ancestor, an expectant heir or distributee has no vested interest but only a mere expectancy or possibility of inheritance. Such an individual cannot on the basis of his or her prospective right maintain an action during the life of the ancestor to cancel a transfer of property made by the ancestor. Gifts and Conveyances in Fraud of HeirsA person ordinarily has the right to dispose of his or her property as he or she sees fit, so that heirs and distributees cannot attack transfers or distributions made during the decedent’s lifetime as being without consideration or in fraud of their rights. For example, a parent during his or her life can distribute property among his or her children any way he or she wants with or without reason, and those adversely affected have no standing to challenge the distribution. One spouse can deprive the other of rights of inheritance given by statute through absolute transfers of property during his or her life. In some jurisdictions, however, transfers made by a spouse for the mere purpose of depriving the other of a distributive share are invalid. Whether a transfer made by a spouse was real or made merely to deprive the other spouse of the statutory share is determined by whether the person actually surrenders complete ownership and possession of the property. For example, a husband’s transfer of all his property to a trustee is void and illusory as to the rights of his surviving wife if he reserves to himself the income of the property for life, the power to revoke and modify the trust, and a significant amount of control over the management of the trust. There is no intent to part with ownership of his property until his death. Such a trust is a device created to deprive the wife of her distributive share. Advancements or gifts to children, including children by a former marriage, which are reasonable in relation to the amount of property owned and are made in Good Faith without any intent to defraud a spouse, afford that spouse no grounds of complaint. Good faith is shown where the other spouse knew of the advancements. If a spouse gives all or most of his or her property to the children without the other spouse’s knowledge, a rebuttable presumption of fraud arises that might be explained by the children. Debts of Intestate EstateHeirs and distributees generally receive property of their ancestor subject to his or her debts. The obligation of an heir or distributee to pay an ancestor’s debt is based upon his or her possession of the ancestor’s property. All property of an intestate ordinarily can be applied to pay his or her debts, but, generally, the personal property must be exhausted first before realty can be used. Rights and Remedies of Creditors, Heirs, and DistributeesThe interest of an heir or distributee in the estate of an ancestor can be taken by his or her creditors for the payment of debts, depending upon the applicable law. Advancements received by an heir or distributee must be deducted first from his or her share before the rights of creditors of the heir or distributee can be enforced against the share. Real Estate Lawyer Free ConsultationWhen you need legal help with real estate law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Fighting The Lure Of Tax Havens Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-2/
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Contracts and agreements are important for directing business for all sizes of organizations. In prior decades, there were barely any composed business contracts, and numerous business and individual arrangements were finished with a handshake. If an issue emerged, the two gatherings could indict the issue, and an appointed authority would hear the case regardless of whether the contract was not placed into composing. While a verbal contract is as yet legal (except in explicit circumstances), most contracts are reported in composed structure. Contracts have become progressively nitty-gritty nowadays, and each exertion is made to make all prospects and projections clear. Notwithstanding being clear and explicit, a contract must meet certain criteria to make it legally enforceable. A legally enforceable contract can be utilized in court to help a choice on a contested thing. If a contract doesn’t have certain fundamental fixings, it isn’t legally enforceable. Most contracts never observe a court and they could without much of a stretch be verbal except if there is a particular purpose behind the contract to be recorded as a hard copy. When something turns out badly, a composed contract ensures the two gatherings. If one gathering to a substantial (enforceable) contract accepts the other party has broken the contract (the legal term is ruptured) the gathering being hurt can bring a claim against the gathering who it accepts has ruptured the contract. This would then be able to prompt a misfortune in income for your agency. The additional time you spend taking a shot at a venture, the littler your ROI will be. The direst outcome imaginable is on the off chance that you’ve gone into a terrible contract and end up in a claim with customers. They can delay for a considerable length of time and years, and no one needs that sort of foreboding shadow hanging over your company. The best guidance when getting ready to take on another customer? Get ready for the most exceedingly terrible, trust in the best. The most straightforward approach to consistently being set up without investing over the top energy reviewing contracts is to have an editable format. Although the format diagram will be the equivalent, you can modify it for singular customers: The following are Items to remember for your contract agreement. Names and addresses of the agency and customerThis is the initial segment of your contract and ought to be at the top as it shows who will be gone into the agreement: It must refer to both yours and your customer’s legal exchanging names (no epithets). Underneath the exchanging names, you have to list the location where every business is legally enrolled. This is significant because, if the relationship goes south, it’s simpler to get in touch with them should you have to make a legal move. Twofold check these subtleties over with your customer before anybody signs the spotted line. Outline the contract’s termWhen does your customer need you to start work, and when is the work going to end? It’s imperative to have a beginning and finish date as well as what a finish of work resembles. You have to characterize that the contract will end when you’ve finished the activity. No later. When work is finished, you should hand overall work as an end-result of definite installment. Compose it into your contract that last works will be discharged when the last installment has been gotten. That way, there’s no disarray on either side. Make your scope of work bulletproofYour extent of work is the one spot that can land you in a wide range of difficulty in case you’re not cautious. If you don’t determine what number of corrections a customer is permitted on a task, or you neglect to diagram exactly what you mean by site the executives (for instance), don’t be astonished if your agency winds up doing a lot of additional work for a customer… for nothing. The extension ought to be featured in the absolute first page and should be more nitty-gritty than this: Rather, it ought to resemble its supplement inside the contract. The essential objective is to be unmistakable about what services are remembered for the value your customer pays. At irrefutably the base, you need to distinguish: Set a reasonable payment scheduleNo one loves pounding a customer for a late installment or a past due receipt. It’s disappointing and can influence your customer relationship. The most ideal approach to dodge this is to have an unmistakable installment plan laid out from the minute you begin working with customers. This piece of your contract must layout the aggregate sum you will be paid, how they will make installment, and if the installment is refundable Do not be pushover with late installmentsIt’s ungainly when individuals owe you cash. Be that as it may, toward the day’s end, the business will be business. Make it understood from the minute you go into an agreement with a customer that if they pay your solicitations late, there will be a penalty. If you’ve conveyed a receipt to a customer, you have on a month to month retainer and they pay it ten days late, this influences your agency’s income. Try not to mull over including a late installment charge in your contract. A late installment charge can either be a set dollar figure or a level of the receipt: It’s a delicate method to urge customers to pay on schedule, and on the off chance that they happen to be late once, you can utilize it to your circumspection and wave the charge on the off chance that you’d like. In any case, if it turns into a customary event, you ought to implement the charge. • In the event that a customer needs to add on work, jot down your conditions • When you want to break up with your client • Outline what will occur when contract is breached • Who will possess what? Make it understood. Initially, the contract needs to look genuine. Not a solitary customer will hand over $20,000 to any company in the event that you’ve gone through five minutes composing it up. It additionally needs to have your logo, be accurately organized, and mistake free in the event that you need to settle negotiations. Contract Lawyer Free ConsultationWhen you need legal help with a contract in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Resolve Your Divorce With A Level Head Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/items-in-a-contract/ As the name suggests, a private placement is a private alternative to issuing, or selling, a publicly offered security as a means for raising capital. In a private placement, both the offering and sale of debt or equity securities is made between a business, or issuer, and a select number of investors. There may be as few as one investor for any issue. The three most important features that would classify a securities issue as a private placement are: This affords the issuer the opportunity to avoid certain costs associated with a public offering as well as allows for more flexibility regarding structure and terms. One of the key advantages of a private placement is its flexibility. The most common type of private placement is long-term, fixed-rate senior debt, but there is an endless array of structuring alternatives. One of the key advantages of a private placement is its flexibility. Private placement debt securities are similar to bonds or bank loans and can either be secured, meaning they are backed by collateral, or unsecured, where collateral is not required. In addition to senior debt, other types of private placement debt issuance include: A private placement issuance is a way for institutional investors to lend to companies in a similar fashion as banks, with a buy-and-hold approach, and with no required trading or public disclosures. Historically, insurance companies refer to investments as purchasing notes, while banks make loans. Types of Capital Available to BusinessesWhen businesses are started, they are often funded by the owners or a family loan. However, as they grow, many companies are unable to finance all needs solely from internal cash flows. When capital needs exceed cash-on-hand, businesses can utilize the following types of capital: Private Placement AdvantagesPrivate placements present the following advantages: Long TermPrivate placements provide longer maturities than typical bank financing, at a fixed-interest rate. This is ideal for when a business is presented with a growth opportunity where they wouldn’t see the return on their investment right away; a business would have more time to pay back the private placement while having certainty of financing cost over the life of that investment. Also, private placements are typically buy-and-hold, so the company would benefit from having a long-term relationship with the same investor throughout the life of the financing. Speed in ExecutionThe growth and maturity of the private placement market has led to improved standardization of documentation, visibility of pricing and terms, increased capacity for financings as well as overall increase of size and depth of the market ($10MM – $1B+). Thus, the private placement market fosters an environment that allows for quick execution of an investment, generally within 6-8 weeks (for the first transaction. Follow-on financings can be executed within a shorter time frame). Additionally, it is typically faster to issue a private placement versus a corporate bond in the public market because the issuer is not required to expend time and resources creating a prospectus and registering with the SEC. Private Placements can complement existing bank debt versus compete with it. Complement to Existing FinancingPrivate placements also help diversify a company’s sources of capital and capital structure. Since the terms can be customized, private placements can complement existing bank debt versus compete with it, and can allow a company to better manage its debt obligations. Diversification of funding sources is particularly important during market cycles when bank liquidity may be tight. Private placements enable privately-held, middle-market companies and public companies to access capital just as they would with an underwritten public debt offering, but without certain requirements, such as ratings, registrations, or minimum size. And for public companies, private placements can offer superior execution relative to the public bond market for small issuance sizes as well as greater structural flexibility. Privacy and ControlPrivate placement transactions are negotiated confidentially. Also, public disclosure requirements are limited, compared to those found in the public market. Companies would not be beholden to public shareholders. Capital UsesLong-term capital is congruent with a company’s long-term investments. Thus, capital raised from issuing a private placement is most commonly used to support long-term initiatives versus short-term needs, such as working capital. Companies, both public and private, use the capital raised from private placements in the following ways: Private Placement SecuritiesIn a private placement, the shares of stock or debt instrument are considered securities under both federal and state securities laws. Consequently, any transaction involving the shares or debt must be registered under such securities laws or be exempt from registration. Typically, the offeror is an emerging growth company that has few capital alternatives, although more mature companies tend to be more successful in this process. Securities laws generally require that offers are made mainly to accredited investors. There are two basic types of private placement offerings: Private Placement Equity OfferingThe company sells partial ownership via the sale of stock or a membership unit in order to raise capital. Equity offerings are preferred by early-stage companies, because there is no set repayment schedule with this offering. Private Placement Debt OfferingThe company raises debt financing by selling a note instrument to investors with a set annual rate of return and a maturity date that dictates when the funds will be paid back to investors in full. A debt offering is similar to a business loan, except the financing is provided by investors instead of an institution. Although private placements are exempt from full SEC registration requirements, they still must comply with federal and state regulations. The most important private placement rules fall under Regulation D, promulgated by the SEC. Regulation D Debt OfferingA debt offering involves the sale of a promissory note to investors. The note sets forth the terms and conditions of the loan arrangement between the company and the investor. For instance, the interest rate, payment periods, and maturity date are described in the note. Notes are sold in fractional amounts providing flexibility for accommodating investors. For example, in a typical debt offering the company raises $1,000,000, which might involve the sale of 20 notes at $50,000 per note. Regulation D: Private Placement Rules and ExemptionsReg D is a series of six rules, Rules 501-506, establishing three transactional exemptions from the registration requirements of the 1933 Act. Rules 501-503 set forth definitions, terms and conditions that apply generally throughout the regulation. Specific exemptions are set out in Rules 504-506. Rule 504Rule 504 is the most popular of the Reg D rules. Raising capital for a small business can be expensive and time consuming, but a private placement under Rule 504 of Reg D can minimize costs and delays while giving the issuer access to debt or equity capital. In a Rule 504 offering, a business can raise a maximum of $1 million in any year. Rule 504 has no prescribed disclosure requirements, no limit on the number of purchasers, and no investor sophistication standards. Offerings that are exempt under Rule 504 are relatively simple to prepare and can generally be undertaken by the offeror without substantial outside professional expenses. The JOBS Act of 2012 allows offerings to be made through any form of general solicitation or advertising. Rule 504 does not mandate that specified disclosure be provided to purchasers. However, the offeror must provide enough information to meet the full disclosure obligations under the anti-fraud provisions of the securities laws. Rule 505A Rule 505 offering may not exceed $5 million in any given 12-month period. This exemption limits the number of non-accredited investors to 35, but has no investor sophistication standards and no limit on the number of accredited investors. Rule 505 was adopted by the SEC to provide small businesses more flexibility in raising capital than under Rule 504. If only accredited investors are involved in the offering, there is no specific information the issuer must furnish to investors. However, if the offering involves one or more non-accredited persons, the issuer must furnish all purchasers with the same kind of information specified by Regulation D. As with a 504 offering, prior to the JOBS Act of 2012, this offering could not be made by means of general solicitation or general advertising. For Rule 505 offerings over $2 million, financial statement conditions include the following: Rule 506Rule 506 provides an exemption for limited offers and sales without regard to the dollar amount of the offering. There is no ceiling on the amount of money which may be raised. The JOBS Act of 2012 permits general solicitation and advertising. There is no limit to the number of accredited investors, but the number of non-accredited investors may not exceed 35. If only accredited investors are involved in the offering, the issuer is under no obligation to furnish specific information to investors. If the offering involves one or more non-accredited persons, however, the issuer must furnish all purchasers with the same information required by Reg D. Rule 506 requires detailed disclosure of relevant information to potential investors; the extent of disclosure depends on the dollar size of the offering. For offerings over $2 million, the issuer must provide audited financial statements. Offerings under $2 million follow Reg A as a guide, with an additional requirement for a certified balance sheet. The securities sold are restricted under the same stipulations in Rules 504 and 505. A company is required to file a notice of the offering on Form D at SEC headquarters within 15 days after the first sale in the offering. There is no requirement to file the offering memorandum with the SEC. From an investor’s perspective, here are some important compliance features of Regulation D: Selecting a Private Placement InvestorThere are important considerations for a company when determining whether to issue a private placement. When choosing a private placement investor or lender, some key characteristics to look for are: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-a-private-placement-debt/ Utah Divorce Code 30-3-2 – Right of Husband To Divorce. The husband may in all cases obtain a divorce from his wife for the same causes and in the same manner as the wife may obtain a divorce from her husband. What Are Your Rights to the House in a DivorceDivorce can leave a man single and without a home to call his own. State laws vary and each divorce case is unique in the eyes of the court. The circumstances surrounding the divorce play a part in deciding what is done with the assets of the marriage. Even if the man loses the right to live in the home, he may still be entitled to a part of the equity, including properties that were purchased by his wife before the marriage. Marital PropertyAll property obtained during the course of the marriage by either the husband or the wife is considered to be shared in common by both spouses regardless of whether the state you were married in is an equitable distribution or a property earned state. The amount of money that the man spends on a property during the time of the marriage will determine how much, if any, of the home equity he is entitled to even if the property is in his wife’s name and not his. The only exception to the rule would be if the wife purchased the property using the proceeds that she acquired before the marriage. Property Owned Before MarriageEven in a situation where the wife had property before the date of the marriage, the husband may still have a share of the equity if mortgage payments or home improvements were funded by money earned during the marriage. Many states will provide the husband with one-half of the increased value of the home in these situations but, again, this depends on which state you are in. Living RightsThe circumstances surrounding the divorce have much to do with who gets to live in the home. If the home belonged to the wife before the marriage, most likely she will be allowed to continue living in it. If the man is the one who initiated the divorce, or if she left you as the result of bad behavior on your part, it is most likely that you will lose possession of the house. In addition, you may even be required to make the mortgage payments even though it is no longer your place of residence. Home Equity PaymentRegardless of who has temporary possession of the home, sooner or later the equity will need to be distributed per the courts instructions. This could mean that either the husband or the wife will need to buy out the share of their spouse or the property must be sold in order for each to receive their portion of the cash. Sometimes in a buyout situation, other marital property or debt can be used instead of actual cash in order to meet the requirements of the divorce agreement. JurisdictionThe English courts can dissolve foreign marriages so long as there is an appropriate connection. It may be that you and your spouse have connections with more than one country and that you have the option to get divorced here or abroad. Choosing the right country to get divorced in is important as it can have a big impact on how the marital finances are shared. If you think your spouse intends to start divorce proceedings in another country, you should seek family law advice urgently as you may wish to start divorce proceedings. This is known as a petition race. Grounds for DivorceThe only ground (reason) for divorce is that your marriage has irretrievably broken down. Irretrievably means the marriage has broken down permanently and cannot be fixed. To prove that your marriage has broken down irretrievably, you must state one of five facts in your divorce petition: • Adultery: Your husband has committed adultery with another woman or your wife has committed adultery with a man. Adultery is sexual intercourse between a married person and a person of the opposite sex who is not their spouse. If your husband or wife admits to adultery and agrees to the divorce proceedings, the divorce is likely to be accepted by the court. If your spouse does not admit to committing adultery you will need to provide the court with evidence of the adultery. In addition to the adultery, you must also prove that you find it intolerable to live with your spouse, either because of the adultery or because of some other behavior. Intolerable means that you cannot bear to be in the marriage any longer. If you continue to live with your husband or wife for 6 months after you find out about their adultery, then you cannot use that incident of adultery as the reason to divorce. You have the option to name the person who committed adultery with your husband or wife in your divorce petition (the “co-respondent”). However, if you do so you will have to send the divorce papers to that person as well as to your spouse. This will cause additional expense and delay if they do not co-operate. • Unreasonable Behavior: your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them. Unreasonable behavior can include a wide range of behavior from domestic violence to withholding love and affection. Generally you will need to set out 4 or 5 examples of your spouse’s behavior. It may be helpful to include the first, the worst and the most recent incident of the unreasonable behavior during the marriage. If you continue to live as a couple for 6 months after the last incident of unreasonable behavior, it may be harder to prove to the court that you cannot reasonably be expected to live with your spouse. • Desertion: Your husband or wife has deserted you for at least two years. You need to show that your spouse left you in order to end your relationship, without your agreement and without a good reason, for at least two years. This is difficult to prove so it is very unusual to use this fact. • Two years separation with consent: You and your spouse have been separated for a continuous period of two years and you both agree to the divorce. You need not necessarily have lived in separate homes but you need to have had separate lives, for example, eating and doing domestic chores separately and sleeping in different rooms. Your spouse must agree to the divorce on the basis that you have been separated for a continuous period of two years. It is a good idea to check whether your spouse will agree before sending your divorce petition to the court. • Five years separation: You and your spouse have been separated for a continuous period of five years. If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship. Responding to a Divorce PetitionYour spouse will be required to sign and return and Acknowledgement of Service form to the court, in order to show that he or she has received the petition. This must normally reach the court within eight days, starting on the day after they receive the divorce papers, although time limits will be longer if your spouse is being served outside the country. The Acknowledgement of Service form allows your spouse to say whether or not they agree with the contents of the divorce papers and whether they wish to defend the divorce. Defended divorces are rare because if one person wants a divorce, that is usually a sign that the marriage has broken down. Consenting to a divorce will not normally affect a person’s rights in terms of finances or the children. The child arrangements and finances may need to be resolved, but it is unlikely to matter who divorced whom or what reason was given in the petition. A defended divorce can also cost a lot of money, as a court hearing will normally be listed, which you may have to attend. If your spouse defends your divorce petition, you should seek legal advice. If your husband has told you that he has received the divorce papers but he refuses to send the Acknowledgement of Service form to the court, you can apply to the court to make an order of deemed service. You must prove to the court that your spouse has received the divorce papers. If the court is satisfied that your spouse has received the papers, it can make an order that your spouse was served on a particular date. The court needs your spouse’s address in order to serve the divorce papers on them. If you have lost contact with your spouse and do not know where they live or work you may be able to use an alternative method of service. Before requesting an alternative method of service from the court, it is important that you have made every effort to find out where your spouse lives from their family, friends, employer and anyone else who knows them. If you still cannot trace them you can apply to the court for substituted service. This normally means sending the documents to a different address, such as a friend or family member you know he is close to, or his work address, or email or even Facebook. If, in spite of trying the above, you simply cannot trace your spouse, you can apply to a district judge for an order dispensing with service. If the judge is satisfied that you have done everything you can to try and find your spouse, the judge can make an order that the divorce can proceed without the divorce papers being served on them. How long will it take?Even the most straightforward divorce can take between 4 and 6 months and it is often advisable to postpone applying for decree absolute until any financial proceedings have concluded as it can affect your rights to live in the family home, pensions, or other issues relating to joint finances. If your spouse is uncooperative of there are complications resolving the finances, the divorce could take much longer. There is a waiting time in Utah of 30 days for a divorce to enter. My home rightsA person has a right to live in a property if it is their matrimonial home. This means that even if your spouse owns the property in their sole name, you have the right to live there until your marriage ends. This is called matrimonial home rights. If your home is in your spouse’s sole name the divorce may end your right to live there so it is important to seek legal advice. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Relocating After Divorce In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-2/ Whether it is just a small project for a homeowner or a major commercial development, the construction industry can be extremely hazardous for workers. Every day, construction workers have to operate under extremely hazardous walking conditions, as well as other employees in the field. Because of this reality, severe work-related injuries at construction sites happen extremely often. Regulations, specifications, inspection requirements, and job safety programs all attempt to prevent accidents on constructions sites and promote awareness of safety for everyone involved in a construction job. Accidents still happen and will continue to happen, despite crucial efforts made to deal with concerns regarding construction site safety caused by both the nature of the work and the array of hazards that are experienced by construction workers. These risks may include falling off scaffolds from high elevations, being hit by a moving or falling piece of equipment, electrocution, health risks due to asbestos or chemical exposure, defective equipment injuries, unreasonably unsafe machinery, and injuries due to lifting or repetitive movement. Construction Accidents Can Be ComplicatedIf you or a loved one has been harmed after working on a construction job, the first step to take toward legal recovery is to call an experienced construction attorney to discuss the circumstances of your case. Many potential issues may arise during the process, such as compliance with occupational and site safety standards and regulations, engineering concerns, and liability or indemnity determinations. These all mandate that your case be handled by a skilled lawyer who understands the laws involving construction area accident liability. OSHA Safety RegulationsSafety regulations established by the Occupational Safety and Health Act of 1970 are practiced by all states in some form, including Utah, and these regulations are also applied to work that is completed in the construction industry. The problem of who may be liable for ensuring compliance with OSHA regulations — such as the general contractor or even a sub-contractor — usually it is placed on who is in control of the worksite or activity when the injured party was harmed. The legal impact of violating any OSHA regulations can change depending on certain conditions. In Utah jurisdictions, if evidence can be provided that shows an OSH regulation was violated which resulted in injury, little else needs to be done to establish the liability of a negligent party. OSHA regulations are not the sole legal standards that hold a property owner, general contractor, or sub-contractor liable for an injury taking place at a construction site. Many times, the property owner or general contractor will have his or own established safety regulations, which are generally applied or made specifically for the circumstances of the construction project, and are meant to protect those who are working on the project. Violations of these regulations could also provide the basis of a construction accident injury claim. Getting Help After a Construction Accident InjuryIf you have been harmed after being involved in an accident in a construction area, many things can be done to protect yourself and your legal rights after the fact: Scaffolding InjuriesThe Occupational Safety and Health Administration (OSHA) finds that an estimated 65 percent of construction workers find themselves on scaffolds frequently. With this in mind, it isn’t a real surprise that some of the most common accidents in the construction industry involve scaffolds or other types of lifts, hoists, or ladders. These accidents are not usually the most severe in terms of sustained injuries that are caused by the construction workers falling from defective, inadequately installed, or unreasonably unsafe scaffolding equipment. This may be due to an employer’s failure to utilize necessary protective equipment or due to the worker falling from onto another worker from a scaffold, lift, or ladder. OSHA Scaffold RegulationsEach employer, supervisor, and worker operating on a construction site using scaffolds is required to comply with OSHA regulations concerning construction and inspection, among other considerations. • Design and Construction. The design and construction of scaffolds must comply with OSHA requirements involving the type of equipment, proper capacities, construction methods, and use. Every scaffold and its individual components must be able to support its own weight in addition to at least four times the maximum predicted load without failing. Every suspension rope has to be able to support at least six times the maximum predicted load. • Electrocutions: One of the top four leading causes of workplace fatalities is electrocution. In 2016 alone, there were 82 electrocution deaths, which accounted for over 8% of all workplace fatalities. Though this number has historically been higher (over 300 related deaths and thousands of injuries in 2014), electrocution remains a real threat to construction site workers. Though the causes of electrocution can vary, many of these incidents can be prevented by taking the proper precautions. Providing construction safety training and quality personal protective equipment (PPE) can both be effective tools in mitigating electrocution risk. Make sure employees recognize that wearing PPE is a requirement, not an option. Construction Accidents Can Be PreventedWhen a construction site worker becomes injured in an accident, it not only affects their life and livelihood, but also the future of the company. Construction accidents are largely preventable and companies should take every possible precaution to do their part in training, educating, and protecting their employees. Utah Construction Accident Law FirmWhen working a physical job, there is always going to be a risk of being injured while at work. These risks are even larger for construction workers, masons, and contractors. Working on a construction site is dangerous by nature, and things can go wrong at any time. Accidents can happen due to faulty machinery, equipment breaking, and negligence of a subcontractor, improper signage, falling objects, and unsafe working conditions. The results of these mishaps can be devastating, it is in these times that people need a construction accident law firm the most. How a Utah Premises Liability Injury Case WorksWhether you are at your friend’s house or going to the grocery store, you can be injured at any time. You may wonder if you are completely to blame or if another party could have contributed to your injuries. Whenever you experience an injury after entering someone’s property, such as a slip and fall or some other type of accident resulting in injury, you can potentially hold the owner of the property responsible for your resulting damages under the legal theory of premises liability. Premise liability involves when a property owner (or owners) has a potential legal responsibility for injuries experienced due to unsafe conditions on the property. A premise liability case can happen in nearly any type of open space or building, including accidents with slip and falls, swimming pools, construction sites, defective machinery, fires, animals, or lack of proper security. Today we are going to examine the basis of a viable personal injury case involving premises liability and how they may apply to your case. What the Plaintiff Needs to ProveIn the state of Utah, the specific elements involving a premise liability have to be proven by the plaintiff in order to construct a valid claim for their case. In most cases, the injured party, or plaintiff, will have to prove: How to Provide Evidence of These ElementsWhen proving these elements, it has to be shown that the defendant had a duty to warn or inform you about latent dangers which were not known to you and you could not reasonably discover on your own. This duty can also extend to dangers which the defendant should have known about if he or she had exercised reasonable care. If you were injured, you need to show evidence of your sustained injuries. This can be accomplished through testimony or through the testimony of an expert physician. You can also provide medical bills on top of this expert testimony concerning the extent of your injuries, the pursued medical treatment, and how these injuries have impacted certain aspects of your life. You then have to show that the defendant’s negligence was a significant factor in your sustained injuries. The injuries suffered have to be reasonably foreseeable regarding the defendant’s action or neglect. Also, the defendant’s negligence does not have to be the sole contributor to your injuries; it just has to have contributed to the harm experienced. Liability Depending On the Status of the Person on the PropertyHistorically, the approached used in jurisdictions in Utah in order to determine the defendant’s standard of care relies upon the status of the person who is entering the property. There are three standard basic statuses: invitees, licensees, and trespassers. Construction Accident LawyerWhen you need legal help with a construction accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Avoid Motorcycle Accidents At Night Why You Need An Attorney For Divorce Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/construction-accidents/ Utah Code Title 57 Real Estate 57-1-1: Definitions “(1) Certified copy” means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. “ (2)Document” means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. “ (3)Real property” or “real estate” means any right, title, estate, or interest in land, including all non-extracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. “(4) Stigmatized” means: The site or suspected site of a homicide, other felony, or suicide; (a)the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or (b) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act. How Do I Get a Copy of My Divorce DecreeIf you’ve ever been married before and seek a green card based on your current marriage, you’ll need to provide to the U.S. government a divorce decree (also known as a “divorce certificate“), a certificate of annulment, or a death certificate for each prior marriage. If you already have these documents, you can move on to the next step of the marriage green card process. Who must submit their divorce papers?For each prior marriage, both the sponsoring spouse (the U.S. citizen or current green card holder) and the spouse seeking a green card must provide a photocopy or certified copy (with the issuing office’s seal or stamp) of their final divorce decree. You must also bring the original document or certified copy to your green card interview. What if I was previously married but wasn’t divorced from that spouse? Where to Get a Divorce DecreeIf you filed for divorce in the United States, you generally can obtain a divorce decree from the court that issued the document. Alternatively, you can request an official copy from the office of vital records in the state where your divorce was finalized. The Centers for Disease Control and Prevention (CDC) website specifies the name and address of each vital records office, as well as the current fee for requesting the paperwork. If you filed for divorce abroad, you may find information about the issuing authority in your home country — including its name, the current fee, and procedures for obtaining an official copy — on the U.S. Department of State’s website. (On the left-hand side of the webpage, you will need to select the first letter of your country’s name, select your country, and click on the “Marriage, Divorce Certificates” tab to view more details.) Alternative DocumentsIf you can’t find your marriage certificate or get an official copy, you must submit both of the following documents instead: Financial DocumentsIt will be more difficult for a court to get an accurate idea of your marital finances if he or she does not have the pertinent information. Keep in mind that these professionals are specifically trained to help you navigate a successful settlement and secure a stable financial future. Without all of the relevant data to review, you could miss out on your share of significant assets, investments, or accounts. You will need to keep in mind that documents should cover your long-term history, not just the most recent transactions. The gold standard is that your documentation should cover five years’ worth of data. Either way, three years’ worth of data should be sufficient to help your team assemble a settlement that you will be satisfied with. Alternatively, you can take another route for accessing the information you need. Be certain to keep an eye on your mailbox, so you can get the mail first every time. If your name is on a joint checking account, you can even head to the bank to receive copies of your bank statement. Last but not least, pull your credit report and make sure you know about all of the debt that is registered in your name. This tactic will protect you from nasty surprises after the divorce is over, such as receiving bills for credit cards and loans that you were not aware of. This financial information is crucial to helping your CDFA and your divorce attorney, but it also comes in handy when you are creating a new budget. Then you can gain a clearer picture of what it costs to maintain your current lifestyle each month. This baseline can help you adequately prepare to move out and start downs your own path toward a single income. AssetsOne of the most important steps to take before getting a divorce is understanding what each person in the marriage brought to the union. To get an idea of the important documents you need to round up for your divorce attorney or court, take a look at this information below: Be sure to specify which assets you personally brought into the marriage as individual property. You should be clearly identified on your list of assets, so that everyone will be clear about who should belong in the settlement. Childcare DocumentsFor many couples, preparing a childcare plan is one of the most challenging aspects of a divorce. However, since caring for the children together requires financial cooperation, it is essential that you draft a potential plan at this stage. You should start by creating a list of the parenting items that are most important to you. The two of you will need to make decisions about visitation, custody, and insurance expenses. You will even need to decide which one of you will claim them as dependents on your taxes. Consider your priorities for their futures, especially their college expenses. Will you both contribute to a savings account, or will the children pay for their own tuitions? There is no right or wrong way to handle some of these issues, so you need time to think about what will work best for your family. These ideas are meant to be the catalysts for you and your spouse to start planning how you are going to handle everything after you split into two households. By taking a draft of this information to your divorce attorney now, you are giving him or her an opportunity to see if there is anything you left off that might still need to be considered. Therefore, you will have a bit more breathing room. That way, you can reflect on what will be best for the children, instead of selecting the easiest route in the heat of the moment. Personal DocumentsRemember, your financial information is not the only consideration that a financial planner will need to take into account. Information that needs To be ChangedWhile you will not have to take this information to your divorce attorney, it is always a good idea to start planning ahead for things that need to be altered. You will not want your spouse’s name on documents that relate to your personal well-being, future finances, or healthcare directives. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Impact Of Divorce On Retirement Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-1/ Exempt securities are not typically financial instruments sold by publicly-traded companies or the government to investors. The revenue from the sale of securities is used as a means of raising capital. Many of these instruments must be registered with the SEC and abide by the provisions of the Securities Act of 1933. In short, the Securities Act of 1933 does a couple of things. It requires that a publicly held company disclose full financial information and that the information is truthful. However, not every security issuance must register with the SEC. Certain types of securities can be granted an exemption from full filing requirements. Exempt securities, under Section 4 of the Securities Act of 1933, are financial instruments that carry government backing and typically have a government or tax-exempt status. Securities that do not need to be registered with the SEC under the Security Act of 1933 or the Securities Exchange Act of 1934. Examples of exempt securities include small issues, agency securities, most other debt instruments issued by the federal or a local government, and issues made only in a single state. Private placements are also usually exempt from registration. Securities Exempt from RegistrationThere are many securities which are exempt from the Securities Act of 1933—requiring neither registration nor a prospectus. There are several reasons why securities may be exempt from registration requirements: Tax-Exempt SecurityA tax-exempt security is an investment in which the income produced is free from federal, state, and/or local taxes. Most tax-exempt securities come in the form of municipal bonds, which represent obligations of a state, territory or municipality. For some investors, U.S. Savings Bond interest may also be free from federal income taxes. How a Tax-Exempt Security Works?Income, such as dividends and interest, on tax-exempt securities does not have federal tax applied to it. Depending on where the investor lives, a tax-exempt security may be free from all taxes. An in-state resident will usually receive a state and federal tax exemption on general obligation bonds from his or her home state. While municipal bonds are the most common references of tax-exempt securities, mutual funds that invest in municipal bonds, U.S. Savings Bonds, or other tax-exempt securities can also receive tax-exempt status. Federal government bonds, namely the U.S. Savings Bond and Treasury Inflation Protected Securities (TIPS), are taxed at the federal level, but exempt from state and local taxes. Exempt TransactionAn exempt transaction is a type of securities transaction where a business does not need to file registrations with any regulatory bodies, provided the number of securities involved is relatively minor compared to the scope of the issuer’s operations and that no new securities are being issued. Exempt securities are the instruments used that the government backs, which have tax-exempt status. An exempt transaction is a securities exchange that would otherwise have to register with the Securities and Exchange Commission (SEC) but does not because of the nature of the transaction in question. How an Exempt Transaction Works?Exempt transactions cut down the amount of paperwork needed for relatively minor transactions. For example, it would be a big hassle to perform a filing with the SEC every time a non-executive employee wanted to sell back some of the company’s common shares he or she purchased as part of an employee stock purchase plan. Types of Exempt TransactionsA private placement or Reg D offering is a type of exempt transaction in which the securities are not offered to the public, but are instead sold privately to an accredited investor. According to the SEC, an accredited investor can be: • An insurance company, bank, business development company, small business investment company, or registered investment company Other types of exempt transactions include Reg A offerings, also known as small business company offerings, which permit the issuing company to raise no more than $5 million in 12 months. This allows smaller companies to access securities markets to raise capital. Rule 147 offerings, or intrastate offerings, are also exempt. Transactions with financial institutions, fiduciaries, and insurance underwriters may be considered exempt. Unsolicited orders, which are those executed through a broker at the request of his or her client, are also considered exempt. Usually, an exempt transaction involves a small amount of money or an accredited or sophisticated investor, or does not, for some other reason, warrant a full registration. However, even exempt transactions are subject to some regulations, such as anti-fraud provisions. Investors and companies can still be held liable to misleading or false statements made on behalf of the company, the offering, or the securities, even if the transaction is exempt. And while exempt transactions may not need to be registered with state securities regulators, those state authorities retain the authority to investigate fraud, collect associated state fees, and enforce state filing requirements. Therefore, companies should take care to remain in compliance with state securities regulations, even if their offerings and transactions are exempt under federal filing regulations. Types of Exempt securitiesCertain securities are exempt from the registration requirements under the Securities Act of 1933. Either these securities come from issuers that have a high level of creditworthiness, or another government regulatory agency has some sort of jurisdiction over the issuer of the securities. These types of securities include: • Securities issued by the U.S. government or federal agencies Fixed annuities are exempt from SEC registration because the issuing insurance company guarantees the payout. However, variable annuities require registration because the payout varies depending on the performance of the securities held in the separate account. Government SecuritiesU.S. government securities—Treasuries—and municipal bonds are all exempt from registration. Intrastate OfferingsAn intrastate offering is an offering made only to the residents of a state by a corporation in that state. The offering must be registered in the state, and it must comply with SEC Rule 147: Life InsuranceMost life insurance contracts are exempt, except for those contracts that have investment risk, such as variable life policies and variable annuities. Commercial Paper and Bankers AcceptancesCommercial paper is exempt from registration if its term is 270 days or less; and banker’s acceptances, if the term 180 days or less. Regulation ARegulation A of the Securities Act of 1933 (aka Reg A) exempts small offerings of securities from the regular SEC registration if these conditions are met: Private PlacementsA private placement is the sale of securities to wealthy or sophisticated investors but not to the general public. Private placements are exempted from SEC registration under Regulation D of the Securities Act. Some broker-dealers — sometimes referred to as private placement agents — specialize in private placements. Nonetheless, private placement agents are required to be registered by the SEC even though the securities that they sell are usually exempt from registration requirements. Regulation DThe details of Reg D are explained in Rules 501 to 506. No public advertisements or solicitations for a Reg D issue are allowed. A tombstone ad may provide notice of the completion of an offering, but not the offering itself. Rule 501: Definition of an Accredited InvestorSecurities are exempt if sold to accredited investors, who are basically individuals or institutions that have a lot of money and the financial wherewithal to invest in risky unregistered securities. Accredited investors include: Although the SEC does not require that a disclosure document be offered to accredited investors, the issuer will usually provide a Private Offering Memorandum instead. After all, even accredited investors want to know some details about what they are investing in. A non-accredited investor, who the law presumes does not have sufficient knowledge of financial matters to evaluate the risks and merits of a private placement, must have a purchaser representative who does have the necessary expertise to evaluate any private placement that a non-accredited investor is considering. A purchaser representative may not be affiliated with the issuer unless he is related to the investor. Rule 503 — Form DThe issuer must file a Form D within 15 days after the commencement of a Reg D offering. Rule 504A non-reporting company can raise up to $1,000,000 from any number of individuals, accredited or not, without a SEC registration. Rule 505 — Purchaser Limitation RuleA corporation can raise up to $5,000,000 within a 12-month period from any number of accredited investors, but no more than 35 non-accredited investors. A non-accredited investor is anyone or organization who is not an accredited investor. However, a married couple counts as 1 non-accredited investor, as well as any purchase of issues under the Uniform Gifts to Minors Act (UGMA) for their dependent children. A partnership that was not formed for a Reg D investment is considered 1 non-accredited investor; if the partnership was formed expressly for this investment, then the number of non-accredited investors depends on the status of each partner. Rule 506 — Investment SophisticationThe dollar limitation of Rule 505 can be waived if the non-accredited investors are sophisticated investors who have had prior experience with a Reg D offering, or they are represented by a purchaser representative who has, such as an investment adviser, accountant, or attorney. Rule 502Rule 502 restricts general solicitation or advertising for a private offering, stating specifically that “neither the issuer nor any person acting on its behalf shall offer or sell the securities by any form of general solicitation or general advertising….” This rule may apply if the media finds out about the offering and publishes it widely, creating a demand for the private offering. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-an-exempt-security/ The aftermath of recent large-scale disasters like the terrorist attacks of September 11, 2001, and the storm and flood damage caused by Hurricane Katrina in 2005 have reinforced the importance of carefully planning for the unexpected when negotiating meeting contracts. If disaster strikes, will you be able to cancel your meeting without liability for cancellation fees? Will you be able to go ahead with the meeting, despite reduced attendance, without liability for attrition damages? A key tool in managing the risk of such challenging circumstances is the force majeure clause. Instead of relying on the common law, meeting planners can better achieve flexibility during times of crisis through a carefully negotiated force majeure clause. Whether negotiating with or without the assistance of legal counsel, the following key elements of a force majeure clause should be addressed: Determining which types of circumstances will be covered by the force majeure clause is essential. Provisions often cover natural disasters like hurricanes, floods, earthquakes, and weather disturbances sometimes referred to as “acts of God.” Other covered events may include war, terrorism or threats of terrorism, civil disorder, labor strikes or disruptions, fire, disease or medical epidemics or outbreaks, and curtailment of transportation facilities preventing or delaying attendance by at least twenty-five percent of meeting participants. Courts tend to interpret force majeure clauses narrowly; that is, only the events listed and events similar to those listed will be covered. For example, while acts of terrorism might be a specified force majeure event, it does not necessarily follow that a court would also excuse a party’s performance based on “threats” of terrorism. Thus, it is especially important to specify any type of circumstances that you anticipate could prevent or impede your meeting from being held. To the extent possible, take into consideration the location of the meeting and any special needs or responsibilities of your organization and the meeting participants. What types of weather-related incidents are common for the meeting location? If there are major disruptions to transportation systems, will your participants be prevented from attending? What percentage of reduced attendance would make continuing with the meeting inadvisable? Asking and answering these types of questions will help you anticipate and specify the most critical force majeure events for your meeting. Even so, not all potential events can be specified or anticipated in the contract. A concluding catch-all phrase should be appended to the list, such as “and any other events, including emergencies or non-emergencies,” to cover other unforeseeable events. It is common to find boilerplate force majeure language in meeting contracts limiting excuse of the parties’ performance obligations only when it would be “impossible” to perform due to the unexpected circumstances. Impossibility is a high threshold; many circumstances will make holding a meeting inadvisable, even though it would still be possible to do so. For greater flexibility, consider instead excusing performance when it would be “inadvisable, commercially impracticable, illegal, or impossible” to perform. Additionally, even if you have negotiated a specified list of force majeure events, be sure to carefully read the language that comes before and after the list. Language appended after a comma can significantly alter the scope of the force majeure clause. For example, adding the words “or any other emergency beyond the parties’ control” to the end of a list of specified force majeure events serves to narrow the scope of triggering events only to “emergencies.” With such language, non-emergency circumstances making it inadvisable to hold a meeting would not be covered. Although a force majeure clause should always allow for complete cancellation of a meeting without penalty, the cancellation will not always be the meeting planner’s preferred course of action. There may be circumstances in which going ahead with the meeting is preferred, even though the force majeure event will likely result in lower-than-expected attendance. However, groups that fail to meet minimum room or food and beverage commitments will often risk incurring significant attrition fees. To help make going-forward a viable option in such circumstances, the force majeure clause should be drafted to excuse liability associated not just with nonperformance (i.e. cancellation) but also with underperformance (i.e. failure to meet minimum guarantees). A carefully negotiated force majeure clause is an important tool for reducing the risk of liability associated with canceling or scaling back a planned meeting in response to a disaster. When significant resources are on the line, meeting planners should consider seeking the advice of legal counsel before signing contracts, and should also consider obtaining meeting insurance. Taking appropriate precautions at the outset can provide reassurance that, even in the worst of circumstances, you will have the flexibility to make the best decision for your meeting. The provisions of the contract are also paramount. The force majeure clause will typically define the scope of the remedy available to the party and prescribe the steps to be taken to trigger the clause, for example, obligations to notify and mitigate. The contract may contain additional obligations which could also impact the operation of the clause, for example, obligations to adhere to ‘good industry practice’, or to put in place business continuity or disaster recovery plans and so forth. Overriding factors such as industry-specific regulation, codes of practice or international law may also be relevant. Besides, it should be remembered that any party claiming force majeure relief is usually under a duty to show it has taken reasonable steps to mitigate/avoid the effects of the force majeure event. A force majeure clause will not be implied into a contract as a matter of law. Therefore, in the absence of an express force majeure clause, a party could try to claim that the contract has been frustrated. The doctrine of frustration provides that a contract may be discharged where circumstances arise which were not envisaged at the time the contract was entered into, and (2) which render the contract impossible to perform or transform a party’s obligations such that they are fundamentally different to those the parties originally agreed to perform. While similar in description to force majeure, the doctrine of frustration is a narrow one and requires a very high threshold to be met before it can be established. For example, a contract would not be frustrated simply because performance has become more expensive for a party to achieve. Coming up next are some broad focuses to hold up under at the top of the priority list about explicit force majeure occasions, emerging from the case law: • War: The presence of a “war” is chosen as an issue of sound judgment, not worldwide law. It is insignificant that there may have been no proper revelation of war, for instance, as on account of the Falklands and the Gulf clashes. The expression “forestall” has been deciphered to have significant tight importance: the gathering asserting force majeure must show that exhibition of its commitments was lawfully or truly outlandish, not simply more costly than what was initially anticipated. A force majeure proviso will ordinarily give that the gathering looking to depend on the force majeure condition must inform the other party of the way that the force majeure occasion is obstructing its exhibition inside a predetermined period. The notification will ordinarily be required to incorporate nitty gritty data about the force majeure occasion and its effect on the gathering’s capacity to play out its commitments. Regularly the notice necessity will be a condition point of reference to the capacity of the gathering to depend on the help accommodated under the proviso. Consequently, it is significant that every single procedural necessity is agreed to, as the inability to do so could banish a gathering from depending on the provision. In certain nations, for example, China, government specialists will in some cases issue organizations with “force majeure endorsements” in situations where there is an occasion of wide effect (for instance, the COVID-19 episode of 2020). In the custom-based law setting, such a declaration might be helpful proof of the way that a force majeure occasion has occurred, yet it is improbable that the presence of the authentication all by itself will be adequate to conjure the utilization of the force majeure proviso (except if, for instance, the statement explicitly alludes to the issue of such an endorsement similar to a trigger). The force majeure provision will likewise need to manage what the gatherings expect to occur if it is acknowledged that a force majeure occasion hosts forestalled a get-together from having the option to play out its commitments. Commonly, the provision will give that the gatherings’ commitments under the agreement will be suspended until the force majeure occasion (and its immediate impacts) has stopped to forestall execution of the agreement. It is judicious to remember for the statement a prerequisite for ordinary updates by the gathering depending on the condition. Most provisions will give that if the effect of the force majeure occasion isn’t lifted inside a specific time, for instance, 6 or a year, at that point the gatherings will reserve the option to end the agreement. The gatherings ought to likewise think about the thump on the impact on different arrangements under the agreement. For instance, it might be suitable to give that the term of the agreement will be reached out by the length of the force majeure occasion. There are some restricted conditions wherein the custom-based law teaching of frustration may go to the guide of a gathering unfit to satisfy its contractual commitments. An agreement might be released or “baffled” if something happens after the development of the agreement which renders it truly or monetarily difficult to satisfy the agreement or changes the commitment to perform into a fundamentally unique commitment from that embraced right now of passage into the agreement. In any case, case law shows that an extremely high edge must be met before an agreement will be viewed as disappointed: it isn’t adequate that it is essentially troublesome or uneconomic to play out the agreement, or that a level of hardship or burden is included. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Utah Lawyer For Delaware Corporation Getting Custody Of Your Child In Utah Parents And Teachers Sue Utah School Board Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/force-majeure-in-a-contract/ Utah residents are subject to Utah state and U.S. federal laws. Federal laws apply in Utah as they do across all 50 states. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code. Federal laws also include decisions by courts that interpret federal laws. Finally, Federal laws include regulations issued by federal administrative agencies to implement federal laws. The state of Utah also has its own state laws. Utah state laws include the Utah Constitution, laws passed by the Utah legislature and periodically codified in the Utah Code, and decisions by courts that interpret Utah laws. The original version of the Utah Constitution, which was drafted in 1895, remains substantially in effect. This document was the eighth constitution drafted in Utah, which could not become a state until it abandoned the practice of polygamy. The Constitution was notably progressive in granting women the right to vote well before the U.S. Constitution granted this right. Article XXIII provides the processes for amending the Constitution. First, an amendment proposed in the legislature will appear on a ballot if two-thirds of each chamber of the legislature votes in its favor. Alternatively, a proposal for a constitutional convention will appear on a ballot if two-thirds of each chamber of the legislature votes in its favor. The Utah Code contains the laws passed by the Utah legislature. These laws and the provisions of the Utah Constitution are often interpreted by the Utah Supreme Court and the Utah Court of Appeals. The federal Utah District Court also issues decisions that may affect Utah residents. The Tenth Circuit Court of Appeals holds the authority to review decisions by the Utah District Court. Sometimes the U.S. Supreme Court may review a case that has been appealed from the Tenth Circuit or from the Utah Supreme Court. Utah Divorce Code 30-3-1: Procedure, Residence and Grounds.(1) Proceedings in divorce are commenced and conducted as provided by law for proceedings in civil causes, except as provided in this chapter. (4) A decree of divorce granted under Subsection (3) (j) does not affect the liability of either party under any provision for separate maintenance previously granted. When to Submit Evidence about Why You DivorcedYou also might want to submit a personal statement or other evidence regarding the circumstances of your divorce in order to prove that it was not your fault that the marriage ended. For example, you can provide evidence of: Grounds for divorceBefore filing for divorce, you should first consider the grounds for divorce, as these will need to be specified as part of the divorce process. Currently, the five possible grounds for divorce are: adultery, unreasonable behavior, desertion, living apart for more than two years (with agreement) and living apart for more than five years (without agreement). In practice, divorcing couples who both want to get divorced will often decide to choose the reason of ‘unreasonable behavior’ as a catch-all ground. • Unreasonable Behavior: There are essentially two distinct situations where the ground of unreasonable behavior is given in a divorce petition: firstly where unreasonable behavior has actually occurred – and secondly where none of the other grounds for divorce apply (e.g. where husband and wife have simply drifted apart and no longer wish to remain married). Although unreasonable behavior can constitute serious accusations including domestic violence or drunkenness, it also encompasses rather vague issues such as lack of support in maintaining a household. In reality, there is a very low standard when it comes to unreasonable behavior, but some factual reason must be given and an incident of ‘unreasonable behavior’ must have occurred less than six months prior to filing for divorce. It should be noted that, if your husband or wife has become intimate with someone else but has not had sexual relations with them, although adultery cannot be given as a ground for divorce, unreasonable behavior can be used. Similarly, if your spouse has a sexual relationship with a member of the same sex, this does not count as adultery but can count as unreasonable behavior. What Happens in a Divorce?Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Step Two: Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. Step Three: Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Step Four: Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Step Five: Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Step Six: Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Not To Do If You’re About To Get Divorced Should I Keep The House In Divorce? How Do I Get The Most Money For My Personal Injury Case? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-1/ There are over 10 million swimming pools in the United States. According to the Center for Disease Control, there are around 3500 swimming pool-related deaths each and every year. When looking at the numbers it is a wonder that the unfortunate number is relatively low. Perhaps this is due to the safety and caution that is normally taken when people are swimming. Despite our best intentions accidents and even wrongful death can still occur. It is our job as swimming pool injury attorneys to help the families and victims recover during these trying times. What Are The Common Causes Of Swimming Pool Accidents?For most people, it does not take much effort to find a swimming pool for some family fun. The list goes on from private pools, public pools, water parks, recreation centers, indoor and outdoor pools. If the swimming pool is open to the general public laws and regulations require that a certain number of lifeguards must be one duty depending on the size of the pool and the number of swimmers. Whether the pool is public or privately owned, people need to take proper safety precautions and follow Utah’s safety regulations. Swimming pool accidents are quite common and can be seen in the following forms: • Someone slips while walking outside or around the pool area on the collected water. Legal Representation for Swimming Pool InjuriesIt is a complicated issue to properly determine who is at fault when a swimming pool incident occurs. Our attorneys use their vast experience to break down the situations of a case to help our clients understand where they are in the eyes of the law. Many times injuries and accidents are the results of the unsafe or neglectful behavior of the pool owner. Examples include a pool that is not properly secured or maintained or if small children in a pool are not being supervised. Many pool accidents happen when a swimmer falls, dives, or jumps into the pool and hits another person. A final major cause of injury or even death can arise when a swimmer becomes entangled or trapped in suction drains or other defective pool materials. Common Causes of Swimming Pool Accidents• Horsing around: Pools are meant to be fun, and both kids and adults love to jump in, splash around, and play all kinds of pool games. But you still have to obey certain safety protocols. Kids need to be taught that water can be just as dangerous as it is fun. Far too many people suffer slip and fall injuries around pools because they are running around. And if a pool is too shallow for diving, it is important that there are clear signs warning people not to jump in. • Improper security. To keep small children and others safe, swimming pools must be outfitted with proper fencing or some kind of latched gate or door to prevent anyone from falling in and drowning. What Causes Pool Accidents?Property owners with swimming pools are responsible for providing a safe swimming area for both children and adults. If the property owner of a swimming pool in a house, condo, apartment, hotel, or any other private or public entity fails to create a safe swimming environment, they can be held legally accountable for any injuries or deaths sustained in the swimming pool. Some of the most common causes of swimming pool accidents include diving board accidents, inadequate warning signs or fencing, a lack of supervision, a lack of lifeguards or improperly trained lifeguards, no swimming pool cover, a faulty valve, drain, or another swimming pool component and water that is too shallow. Swimming pool accidents fall under an area of law called premises liability. In Utah, you may have an accident injury claim if the following can be proved: How Can I Prevent Pool Accidents?Each year we hear about more and more accidents involving children and pools. In addition to our blog post about preventing pool accidents, we have gathered the below resources for you to consider. Pool Drowning LawsThere are laws in place, at the federal and state level, that intend to prevent wrongful injuries or death and to serve justice when either of those do occur. Utah code provides the “minimum standards for the design, construction, operation, and maintenance of public pools” which does not include: In addition, pool shells must be made of materials that are “non-toxic to humans, impervious, and enduring over time.” Finally, the interior surface of a pool must be crack free and must be made of material that is easily cleaned, non-abrasive, slip resistant, and approved by the American National Standards Institute (ANSI).Bather Load The bather load is legally defined as “the number of persons using a pool at any one time or specified period of time”. The limitation on a public pool is determined as follows: Floor Slope, Walls, and Diving In water that is less than 5 feet, the horizontal slope may not be steeper than 1 to 10 (horizontal to vertical feet). In water that is greater than 5 feet the horizontal slope may not exceed a ratio of 1 to 3. Scuba diving training pools are an exception to both of these requirements. Walls must be vertical and may not have ledges unless approved by the local health officer for a special purpose pool. Seats and benches are allowed, but must not be more than 20 inches below the water line. For diving, the depth of the pool area is determined by the height of the diving platform. When the Platform is not in use, it must be locked, covered or otherwise barred from use. Areas of the pool that do not allow diving must have a sign with “no diving” or the international no diving icon in four inch lettering every 25 feet. Ladders, Recessed Steps, and Stairs Utah code states that “steps or ladders must be provided, and be located in the area of shallowest depth.” If a pool is over 30 feet wide it must have steps or ladders on both of the side walls of the pool. Steps and ladders must be located within 15 feet of the diving-area-end wall. All pools must have two means of entry and exit and, if any of the entries are steps, they must also have handrails. Recessed steps must also have handrails that reach over the edge of the deck. Decks and Walkways Utah code specifies that “A continuous, unobstructed deck at least 5 feet wide must extend completely around the pool.” The deck must be elevated from the water level at a maximum of 19 inches and a minimum of 4 inches. The deck is required to slope away from the pool towards drains that do not return to the pool water. Wooden decks are prohibited (R392-302-13). Fencing all pools must have a fence of at least 6 feet surrounding the complete perimeter of the pool. Utah law specifies that this fence “may not permit a sphere greater than 4 inches” through any part of the fence. The door for the gate must be self-closing, self-latching, and require a key, electronic sensor, or combination to be opened. Lighting, Ventilation, and Electrical Requirements A public pool may not be used during the night unless the local health officer grants an exemption. Swimming is permitted where the parts of the pool—including the deepest parts—and the deck are lit. All electric wiring “must conform with Article 680 of the National Fire Protection Association 70: National Electrical Code 2005 edition” (R392-302-23). To read more about pool drowning accidents, Swimming PoolsSwimming pools provide an attractive way of enhancing your home and garden. They provide fun for all the family and friends, not to mention health benefits. They also provide a great focal point for garden parties, barbecues and other social gatherings. Do I Need Planning Permission?Planning Permission is not required subject to the following limits and conditions: It is recommended that you contact the local authorities to ascertain whether you require consent. The rules governing swimming pools apply equally to outbuildings, sheds, greenhouses and garages as well as ponds, sauna cabins, kennels and many other structures incidental to the enjoyment of the dwelling house. Outdoor swimming pools do not generally require planning permission unless you are in an area of outstanding natural beauty, green belt, listed building or a conservation area. If you do come under one of these categories then contact your planning office for advice. Indoor swimming pools will be subject to planning and building control applications. This includes new builds and change of use etc. It is advisable for all indoor or commercial pools to commission an architect to prepare a basic set of drawings for an outline planning application. This will not only facilitate the planning and building control applications process but will allow the main contractor and/or the swimming pool contractor to provide estimates and a specification for the enclosure, the swimming pool and the plant equipment required in the pool hall. Swimming Pool Accident Lawyer Free ConsultationWhen you need legal help with a swimming pool accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Packing And Shipping In A Contract Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/swimming-pool-accidents/ |
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