Life is not an easy peasy ride. You will always encounter a series of emotions along the way. There are days, weeks, or even months when you will have disappointments but always remember it is not about how strong you are but sometimes your weakest point will be your source of strength.
It is a matter of how you carry your positive outlook in life so that you can overcome all the challenges you face. Continue doing your best every single day. All the pain will turn into happiness and success. You will look back and give a pat on your shoulder on how strong you have become because of all the hardships you've been through.
So keep moving forward. Success is the sum of small efforts repeated day in and day out.
A corporation is a legal entity that is distinct from its owners, known as shareholders or stockholders, for corporate profit. The owners of a corporation (called “shareholders”) generally are not personally liable for the obligations of the corporation; neither are the corporation’s directors or officers. Generally, only the corporation itself can be held liable for corporate obligations. The right to manage a corporation is centralized in a board of directors who delegate day-to-day management duties to officers.
FORMATION
Corporations are created by complying with the Louisiana Business Corporation Act (“LBCA”), and by filing the following 2 documents with the state (and paying the requisite fees): articles of incorporation and an affidavit of acceptance of the corporation’s registered agent.
ARTICLES OF INCORPORATION
The articles must set out: (1) the name of the corporation (must be written in English and contain the word or abbreviation of the word “corporation,” “incorporated,” “company,” or “limited”); (2) the number of shares the corporation is authorized to issue; (3) the street address of the corporation’s initial registered office; (4) the street address of the corporation’s initial principal office; (5) the name and street address of the corporation’s initial registered agent; (6) whether the corporation accepts, rejects, or limits Louisiana’s limited liability for directors and officers; and (7) the name and address of each incorporator. The articles of incorporation must state the types and number of shares a corporation can issue. If there are multiple classes or series, each must have a unique name and be described in terms of preferences, rights, and limitations before issuing shares. Shares within the same class or series generally have identical terms unless allowed otherwise. A corporation's articles of incorporation must authorize one or more classes of shares that together have (1) unlimited voting rights and (2) the right to receive the net assets of the corporation upon dissolution.
The articles must be submitted to the secretary of state along with any required filing fees. If the state finds that the articles comply with the requirements of law and that all required fees have been paid, it will file the articles, which is conclusive proof of the beginning of the corporate existence.
If initial directors are specified in the articles, they hold an organizational meeting to appoint officers and address other business. If initial directors are not named, the incorporator(s) convene a meeting to elect a board of directors for completing the organization.Election of a board can be done without a meeting through written consents signed by each incorporator.
Louisiana corporations may adopt bylaws but are not required to do so. Bylaws are adopted by the directors, but can be modified/repealed by either the directors or the shareholders. If shareholders amend or repeal a bylaw, they can limit the board’s power to reverse their action by expressly stating that the board cannot further amend, repeal, or reinstate that particular provision.
The board of directors, unless otherwise specified in the articles of incorporation, can establish emergency bylaws effective only during a defined emergency. These bylaws, subject to shareholder amendment or repeal, can include (1) procedures for calling board meetings, (2) quorum requirements, and (3) the designation of additional or substitute directors.
The shares that are described in a corporation’s articles are called the “authorized shares.” The corporation may not sell more shares than are authorized. Shares that have been sold to investors are “issued and outstanding.” Shares that have been reacquired by the corporation are no longer issued and outstanding, and so revert to being “authorized shares.”
Shares/stocks must be represented by a certificate. At a minimum, each stock certificate must state on its face all of the following: (1) the name of the issuing corporation and that it is organized under the law of this state; (2) the name of the person to whom it is issued; and (3) the number and class of shares and the designation of the series, if any, the certificate represents. Each certificate must also be signed (either manually or in fax) by the president and secretary, or by 2 officers designated in the bylaws or by the board of directors. Business corporations are required to issue stock certificates unless the issuing corporation is a participant in the Direct Registration System of the Depository Trust & Clearing Corporation or of a similar book-entry system used in the trading of shares of public corporations. Partnerships and limited liability companies are not obligated to issue stock certificates. Of note is that stock may be issued in exchange for any tangible or intangible property or benefit to the corporation.
Shareholders generally have no right to directly control the day-to-day management of their corporation. Instead, the right to manage is vested in the board of directors, who usually delegate their day-to-day management duties to officers. However, the LBCA allows a departure from the general rule: shareholders may enter into “unanimous governance agreements” concerning management of the corporation, including an agreement to vest the powers that the board would ordinarily have in one or more shareholders.
Even absent a shareholder agreement vesting direct control of the corporation in shareholders, the shareholders have indirect control over their corporation through their power to elect directors (or remove them with or without cause), amend the bylaws, and approve fundamental changes to the corporation (e.g., merger, sale of corporate asserts outside ordinary course of business, dissolution, amendment of articles). There is no mechanism to expel shareholders—seeing as they do not exercise managerial authority, so no provision is needed for their removal as there might be for corporate directors.
Corporations must hold annual meetings, the primary purpose of which is the election of directors. If no annual shareholders’ meeting is held for a period of 18 months, any shareholder may, by notice to the secretary, demand that the secretary call a meeting to be held at the corporation’s principal office or, if none in this state, at its registered office. The secretary must call the meeting and provide notice of the meeting within 30 days after the notice to the secretary of the shareholder’s demand. The board of directors may call special meetings during the year to conduct business that requires shareholder approval, and a special meeting may also be called by the holders of at least 10% of all the votes entitled to be cast at the meeting. Generally, written notice of the shareholders’ meetings must be sent to the shareholders entitled to vote at the meeting. Under the LBCA, notice must be delivered not less than 10 days or more than 60 days before the meeting. The notice must state the date, time, and place of the meeting.
Unless otherwise provided in the articles, each outstanding share is entitled to one vote on a matter to be voted on at a shareholders’ meeting. A shareholder may vote his shares either in person or by proxy executed in writing by the shareholder or his attorney-in-fact. A proxy appointment is effective when
it is received by the inspector of elections, the secretary, or other officer or agent of the corporation authorized to tabulate votes. If the name signed on a proxy appointment corresponds to that of a shareholder, the corporation is entitled to accept the vote of said proxy, provided that the corporation is acting in good faith. Generally, the appointment of a proxy is revocable by a shareholder. Revocation is usually accomplished in writing, by the shareholder’s presence at the meeting to vote for him or herself, or by the subsequent appointment of another proxy. A proxy will be irrevocable only if the appointment form conspicuously states that it is irrevocable, and the appointment is coupled with an interest.
A proxy is valid for only 11 months unless it provides otherwise. An appointment of a proxy generally is revocable by a shareholder and may be revoked in a number of ways. A proxy will be irrevocable only if the appointment conspicuously states that it is irrevocable and the appointment is coupled with an interest.
Straight voting is where each director’s seat is filled in a separate election by the candidate receiving a plurality of the votes cast for the specific seat (i.e., the one who gets more votes than any other candidate for that seat). Cumulative voting is the method of electing directors where all director seats up for election at one time are filled in one large election with all candidates running on one ballot, where each shareholder of record has the right to multiply the number of votes to which he is entitled by the number of directors to be elected and may cast all such votes for one candidate or distribute them among any two or more candidates as she chooses, and then where the candidates receiving the most votes as there are number of seats up for election will fill the vacant seats. Cumulative voting is a device that gives minority shareholders a better chance to elect a director to the board than the shareholders would have using the ordinary voting procedure. For example, if I own 300 voting shares and 9 directors are to be elected at the next annual meeting, I will be entitled to cast 2,700 votes, which may be cast for a single candidate or divided among the candidates in any manner that the shareholder desires. Straight voting is the method of electing directors mandated by statute unless the corporate articles expressly provide for cumulative voting.
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callosum acromiohumeral subependymal acromioclavicular lacunar caudate turcica conus medullaris osseous acromiohumeral infraspinatus truncated radiopharmaceutical hilum equivocal acetabular ischial ramus lytic intertrochanteric osteitis phleboliths effervescent elicited esophagram extrinsic dysmotility tracheal tertiary peristaltic pseudoarticulation phenomenon odontoid osteophyte thoracolumbar heterogeneous parenchymal involution azygos atelectasis costophrenic edematous ilionguinal preperitoneal aponeurosis biliary dyskinesia subxiphoid infundibulum icteric friable ileocecal appendiceal copiously
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Vitamin A regulates size and function of sebaceous gland, and aids in normal production of basal cells. Topically applied, it stimulates elastin and blood vessels, in turn increasing/normalising blood flow to the skin and minimising wrinkles.
Vitamin B is important to DNA and RNA synthesis and cell reproduction and prevents dry, flaky skin.
Vitamin C helps maintain elasticity of blood vessels.
Vitamin D destroys free radicals that cause premature ageing.
Vitamin K strengthens capillary walls.
Vitamin P/Bioflavonoids topically applied in conjunction with Vitamin C can help repair broken capillaries, varicose veins, bruising and sun damage.
HARDLY any election in Pakistan has been free of controversy. This includes Senate elections. The recent presidential election was a rare exception. Mahmood Khan Achakzai, the runner-up and joint candidate of the Sunni Ittehad Council (SIC) — read: PTI — displayed political maturity and a democratic spirit by accepting defeat and congratulating the winner, Asif Ali Zardari of the PPP. Not just that, he went on to acknowledge that it had been a clean election in which, unlike the past, no cash for votes was involved.
Less than a month later, it was a different story in the case the election of half the Senate. Unlike in the past, there were no allegations of legislators voting for cash — a significant improvement given the background of Pakistan’s Senate polls — some serious constitutional and legal controversies arose, which continue to rage even after the winners have been notified.
The major controversy concerns the ECP’s unprecedented move to postpone election in the KP provincial assembly, literally at the eleventh hour, despite the fact that election in the three other provinces and the federal capital had been held smoothly.
KP is the only province where the PTI commands an absolute majority in the provincial assembly and has been able to elect its own chief minister, even though the ECP doesn’t recognise PTI as a parliamentary party and continues to treat its legislators as independent members. The ECP refused to hold election in the KP Assembly on the same day they were held in the other legislatures because its Speaker refused to administer oath to some 25 legislators elected on seats reserved for women and non-Muslim minorities belonging to various other political parties.
These were the seats which would have been won by the PTI, or its proxy SIC, had the ECP accepted the PTI or SIC as a bona fide party in the assembly, which qualifies the allocation of reserved seats in proportion to the general seats won in the election. The PTI is somehow resigned to the fact that these seats can’t be given to the party but finds it absolutely unacceptable for the seats which were its right to be distributed among its opponent parties.
Some serious constitutional and legal questions have arisen in the aftermath of the Senate polls.
In an odd and rather unfair interpretation of the law, some of these parties have bagged more seats reserved for women and minorities than they had secured in the general election. For example, the JUI-F had won seven general seats in the KP Assembly in the Feb 8 election but was able to get 10 reserved seats. The PML-N and PPP, which secured five and four general seats, were awarded eight and six reserved seats respectively.
Sadly, for the PTI, the ECP decision, no matter how unfair it might seem to the party, was unanimously endorsed by a five-member bench of the Peshawar High Court, and the Speaker was directed to administer oath to members ‘elected’ on the reserved seats. Since administering oath to ‘elected’ members can be done only in an assembly session, and the Speaker has no legal mechanism to call one on his own — he can do so only if at least 25 per cent of the members requisition a session — the assembly session could not be convened and oath to the members elected on reserved seats could not be administered.
In these circumstances, only the provincial government has the authority to give binding advice to the governor to summon an assembly session. The governor tried to summon the assembly session on his own but both the provincial government and the assembly secretariat justifiably frustrated his effort on constitutional grounds. In fact, the high court, in its order, should have directed the provincial government, and not the Speaker, to summon the session.
At stake, besides a principle, are at least four additional Senate seats which the opposition could win if these 25 legislators took oath and voted for their party nominees. The matter is now before the Peshawar High Court for the latter to hear the Speaker’s petition to review the court order endorsing the ECP notification. The court will hear the case after it has delivered its detailed judgement. The matter may ultimately be resolved by the Supreme Court. How long it will take is anybody’s guess.
Will the Senate, without 11 representatives from KP, be able to function as usual and elect its chairman and deputy chairman? The key question in this respect is whether the Senate is ‘duly constituted’ in accordance with Article 60 of the Constitution. There is nothing in the law or Constitution which suggests that the Senate is not duly constituted. It has full representation of the three provinces and the federal capital. The fourth province, KP, is also not without representation as the term of half its senators elected in 2021 is set to expire in March 2027.
Some analysts have suggested that the Senate in its present form can function under an ‘interim presiding officer’ but it can’t elect its regular chair and deputy chair. Again, there is nothing in the Constitution, Elections Act, 2017, or the Senate Rules of Procedure which stops the Upper House from electing its chairman and deputy chairman. Although, legally speaking, the Senate is “duly formed”, it will be rather unfortunate if half the representatives of a province remain missing from this important forum which has been specifically created to safeguard the provinces’ rights.
One hopes that the Peshawar High Court and the Supreme Court (if required) will move expeditiously not only to conclusively pronounce on these contentious points but also to interpret the law for the future.
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A partnership is a juridical person, distinct from its partners, created by written or oral contract between two or more “legal persons” to combine efforts and/or resources in agreed-upon proportions, and to collaborate at mutual risk for common profit or commercial benefit.
There are generally no formal requirements for formation—the parties must only intend to create the relationship; nevertheless, a partnership may be inferred even if the parties did not consciously consider or intend it to be a partnership.
A partnership agreement can be oral or written.
Louisiana maintains a central registry for written partnership agreements with the secretary of state’s office, and filed partnership agreements must contain:
(1) the name of the partnership;
(2) the partnership’s address; and
(3) each partner’s name and address.
A partnership may adopt a name with or without the names of any of the partners.
If no name is expressly adopted, the business must be conducted in the name of all of the partners.
Partners share equally in profits, losses, benefits, and distribution of assets, unless otherwise stipulated.
If the partnership agreement states the extent of each partner’s participation in only one category of profits, losses, or asset distribution, then the same rule applies to other categories unless the agreement expressly provides otherw
Each partner must make a contribution that has economic value, which includes money, land, or services.
There are no restrictions on the type of property or services that may be contributed.
Each partner owes the partnership what she has agreed to contribute.
If a partner fails to make the contribution, a third-party creditor of the partnership may sue to enforce the obligation to contribute. Contributions to capital are restored to each partner in the ratio of unrestored contributions made unless otherwise agreed.
All matters in the ordinary course of its business other than the alienation, lease, or encumbrance of its immovable does not require
.
Unless otherwise agreed, unanimity is required to (PATA):
(1) amend the partnership agreement; (2) admit new partners; (3) terminate the partnership; or (4) to permit a partner to withdraw without just cause if the partnership has been constituted for a term. Unless otherwise agreed, decisions affecting the management of the partnership are made by a majority of the partnership votes.
A partner owes a fiduciary duty to the partnership and to the other partners and shall act “in good faith, with the diligence, care, judgment, and skill which an ordinary prudent person in a like position would exercise” and “in the manner he reasonably believes to be in the best interests of” the LLC.
If a partner violates his fiduciary duty, the partnership may recover damages for the harm suffered. If a breaching partner profits from the breach of fiduciary duty, then the partnership may recover the profits that accrued to the partner. A partner who acts in good faith for the partnership may be a creditor of the partnership for sums he disburses, obligations he incurs, and losses he sustains thereby.
A partner can share his interest in the partnership with someone else without partner consent, but that person can't become a member. The partner is responsible for any damage caused by that person. A partner has the right to inform herself of the partnership business and consult any records—and a contrary agreement among the partners is null. Nonetheless, partners should use this right without interfering with the partnership's operations.
Each partner is a mandatary, or agent, of the partnership for all matters in the ordinary course of partnership business other than alienation, lease, or encumbrance of the partnership’s immovables. Thus, each partner, as mandatary of the partnership, has the authority to bind the partnership in the ordinary course of business.
A provision in the partnership agreement or a resolution by a majority of the partnership to the effect that a partner is not a mandatary does not affect the rights of third persons who in good faith transact business with the partner—meaning that the partnership is still liable to them.
In such cases where a partner transacts business with a third party in excess of his actual authority to do so, the partnership may recover any damages suffered from the obligating partner who exceeded his authority.
A provision that a partner does not share in the partnership’s losses does not affect third persons—such an agreement is binding, however, as between the partners.
In a general partnership, the partnership is primarily liable for debts incurred by the partners on behalf of the partnership when the partners are acting within the ordinary course and scope of the business, while the individual partners may be held secondarily liable.
Each partner is secondarily liable for her virile share, share in proportion to their contribution, of the partnership’s debts but may plead discussion of the partnership’s assets if sued individually—which means that the partner can require the creditor to seize specifically identified partnership assets to satisfy the debt before seizing the partner’s personal assets.
The partners’ liability is joint, not solidary, unless the partners have contracted with the creditor for solidary liability.
A partner who is sued in his capacity as a partner is not entitled to any indemnification or reimbursement of litigation expenses, whether successful in the defenses of the claims or not.
However, indemnification might be required by mandate law if the costs of defending the suit could be characterized as a loss suffered by the partner, without his own fault, as mandatary of the partnership.
A partner ceases to be a member of the partnership upon Death, interdiction, bankruptcy, seizure of his interest (30 days), expulsion, withdrawal, or in accordance with the partnership agreement. The partnership does not terminate when a partner ceases his membership, unless only one partner is left. Upon cessation, the former partner, his successor, or creditor is to be paid the value of his interest in the partnership with interest at the legal rate from the time membership ceases.
A partner may be expelled for just cause by a majority vote of the partners, unless otherwise provided in the partnership agreement. This includes failure to perform an obligation, willful activities, prejudice dealings
The exercise of the right of withdrawal hinges on whether the partnership is constituted for a term.
The default rule is that a partner may withdraw from a partnership without a term at any time provided that he gives notice in good faith at a time that is not unfavorable to the partnership. If the partnership is constituted for a term, a partner may withdraw during the term with the unanimous consent of the other partners. If the partnership is constituted for a term, he may withdraw without the consent of his partners only if another partner has failed to perform a material obligation.
Artificial intelligence is transforming industries and
In the current epoch, discussions revolving around the xxx have steadily ascended to the forefront of public discourse. A segment of the populace vehemently champions the notion that xxx, while a significant proportion argues in favor of xxx. Acknowledging the cogency of both sides, my endorsement leans more firmly towards the former stance. In defense of this predilection, my affinity is predominantly sculpted by its resonant logic that xxx. The underlying rationale for this inclination hinges on the fact that xxx. To illustrate, a contemporary analysis conducted by WTO in the pertinent domain uncovered that xxx, thus fortifying this perspective. Notably, it's also salient that xxx, predominantly due to xxx. Consequently, a confluence of robust arguments underpins this stance. In juxtaposition, the opposing standpoint boasts its own array of logical constructs, inclusive of the notion that xxx. The inherent logic buttressing this preference pivots around the argument that xxxx. However, it's imperative to recognize that xxx, largely because of xxx. As evidence, a novel WTO investigation in the concerned area laid bare that xxx, igniting widespread societal intrigue and controversy. These nuances, in particular, make me circumspect about wholly embracing this viewpoint. In conclusion, after an exhaustive evaluation of both viewpoints, my allegiance to the proposition that xxx remains unwavering.
From the psychological standpoint, X1 is/are bound up inextricably with X2, which indicates they lead to Y1. As a well-known example, a longitudinal study conducted by eminent scientists in 2014 demonstrates the relationship between Y1 and Y2. Consequently, my empirical evidence presented thus far supports the contention that the likelihood of Y3 is correlated positively with X1.
Recently, Topic has/have sparked an ongoing controversy, which inevitably leads to a moot question “is it advantageous or not?”. Whereas it is a widely held view that X1 is/are highly beneficial, I will discuss controversial aspects of that throughout this essay.
Recently, Topic has/have sparked an ongoing controversy, which inevitably leads to a moot question “is it advantageous or not?”. Whereas it is a widely held view that X1 is/are highly beneficial, I will discuss controversial aspects of that throughout this essay. From the psychological standpoint, X1 is/are bound up inextricably with X2, which indicates they lead to Y1. As a well-known example, a longitudinal study conducted by eminent scientists in 2014 demonstrates the relationship between Y1 and Y2. Consequently, my empirical evidence presented thus far supports the contention that the likelihood of Y3 is correlated positively with X1.
The talk was about
Firstly, the speaker talked about
Later, the speaker described
Furthermore, the speaker provided imperative information on
In the end, the speaker left an important note on
Finally, there are a lot of aspects involved in this task.
At the end of the road in Little Cottonwood Canyon, near Salt
City, Utah, lies Alta, a near-mythic location for skiing enthusiasts.
In time, though, it may well achieve a similar status among molecular
geneticists. In December 1984, a conference co-sponsored by the U.S.
Department of Energy (or DOE) was held there, a conference that
pondered a single question: Does modern DNA research offer a way of
detecting tiny genetic mutations -- and, in particular, of observing
any increase in the mutation rate among the survivors of the Hiroshima and Nagasaki bombings and their descendants? In short, the
answer was, "Not yet;" however, in this atmosphere of intellectual
fertility, the seeds were sown for a project that would make such detection possible in the future -- the Human Genome Project. In the
months that followed, much deliberation and debate ensued. But in
1986, the DOE took a bold and unilateral step by announcing its Human Genome Initiative, convinced that its mission would be well served by
a comprehensive picture of the human genome. The immediate response was considerable skepticism -- skepticism about the scientific
community's technological wherewithal for sequencing the genome at a
reasonable cost, and skepticism about the value of the result, even
if it could be obtained economically. Over the years, though, things
have changed. Today, a worldwide effort is under way to develop and
apply the technologies needed to completely map and sequence the
human genome, as well as the genomes of several model organisms.
Technological progress has been rapid, and it is now generally agreed
that this international project will produce the complete sequence of
the human genome by the year 2005, if not before. And what is more
important, the value of the project is becoming evident in a wide
range of areas. Genome research is revolutionizing both biology and
biotechnology, and it is providing a vital thrust to the increasingly broad scope of the biological sciences. The impact that will be felt
in medicine and health care alone, once we identify and understand
the function of all human genes, is inestimable. To that end, the project has already stimulated significant financial investment by large corporations and has prompted the creation of new companies hoping to capitalize on the burgeoning market. But the DOE's early, catalytic decision deserves further comment, as the implications are more widespread -- and more controversial -- than initially believed. The project could deliver, and already has developed into, much more than the promised tool for assessing mutation rates. The information generated would contribute not only to a new understanding of human biology, but also to a host of practical applications in the biotechnology industry and in the arenas of agriculture and environmental protection. A 1987 report by a DOE advisory committee provided some examples. The committee foresaw that the project could ultimately lead to
At the end of the road in Little Cottonwood Canyon, near Salt
City, Utah, lies Alta, a near-mythic location for skiing enthusiasts.
In time, though, it may well achieve a similar status among molecular geneticists. In December 1984, a conference co-sponsored by the U.S. Department of Energy (or DOE) was held there, a conference that
sponsored a single question: Does modern DNA research offer a way of detecting tiny genetic mutations -- and, in particular, of observing any increase in the mutation rate among the survivors of the Hiroshima and Nagasaki bombings and their descendants? In short, the answer was, "Not yet;" however, in this atmosphere of intellectual fertility, the seeds were sown for a project that would make such detection possible in the future -- the Human Genome Project. In the months that followed, much deliberation and debate ensued. But in 1986, the DOE took a bold and unilateral step by announcing its Human Genome Initiative, convinced that its mission would be well served by a comprehensive picture of the human genome. The immediate response was considerable skepticism -- skepticism about the scientific community's technological wherewithal for sequencing the genome at a reasonable cost, and skepticism about the value of the result, even if it could be obtained economically. Over the years, though, things have changed. Today, a worldwide effort is under way to develop and apply the technologies needed to completely map and sequence the human genome, as well as the genomes of several model organisms.
Technological progress has been rapid, and it is now generally agreed that this international project will produce the complete sequence of the human genome by the year 2005, if not before. And what is more important, the value of the project is becoming evident in a wide range of areas. Genome research is revolutionizing both biology and biotechnology, and it is providing a vital thrust to the increasingly broad scope of the biological sciences. The impact that will be felt in medicine and health care alone, once we identify and understand the function of all human genes, is inestimable. To that end, the project has already stimulated significant financial investment by large corporations and has prompted the creation of new companies hoping to capitalize on the burgeoning market. But the DOE's early, catalytic decision deserves further comment, as the implications are more widespread -- and more controversial -- than initially believed. The project could deliver, and already has developed into, much more than the promised tool for assessing mutation rates. The information generated would contribute not only to a new understanding of human biology, but also to a host of practical applications in the biotechnology industry and in the arenas of agriculture and environmental protection. A 1987 report by a DOE advisory committee provided some examples. The committee foresaw that the project could ultimately lead to
