The Importance of an S Corporation Operating Agreement
Waitaha Books teaches us the values of our ancestors in creating a link in the chain of sacred transmission to our children and grandchildren where we strive to leave the world better than it was given to us and our descendants to come. The Waitaha value is shared by many tribal nations, but it is also no more relevant today in how a custom operating agreement template outlines the communications related obligations and expectations of the parties to a modern day business deal. An comprehensive S corp operating agreement template could be defined as an oral tradition, but it is much more complex than that. When it comes down to making a deal on a handshake these days, we need stronger business custom that will carry out the same outcomes.
An S corporation is a business structure made available to all businesses in the United States. It is very similar to a limited liability company (LLC) in several ways. It is available for small businesses that are trying to limit their overall tax exposure and limit their personal liability. This is accomplished in two ways. First, it allows the business to be taxed as an S corporation, which allows the business to avoid income tax by passing through the business income to the owners. The owners then simply pay personal income tax on this income on their personal income tax return. The S corporation also shields the owners from personal liability for any contracts or business obligations. Thus, the owners’ personal assets cannot be attached to satisfy a lawsuit against the business entity.
The S corporation is formed and exists under the laws of the state in which the articles of incorporation are filed. Thus, the first step in forming an S corporation is filing Articles of Incorporation with the state. Appropriately preparing your Articles of Incorporation helps to ensure that your corporation is properly formed. To do this, you must list the name of the corporation, the number and type of shares the corporation is authorized to issue, the corporation’s registered agent and any additional information as required. Having a corporate attorney develop your corporate agreements is typically more beneficial than using a corporate agreement template. A corporate attorney will have experience in dealing with for profit corporations.
Perhaps the greatest advantage of a corporate attorney writing your corporate agreement is that he or she can customize the agreement to specifically meet the needs of your corporation. Typically, corporate agreements are separated into two parts, internal rules and external rules. Internal rules are those that govern interactions among shareholders and others within the corporation. These are typically rules that deal with the operational procedures within a corporation. External rules are those that govern interactions between the corporation and outsiders. These typically deal with the corporation’s business arrangements. In essence, the S corp operating agreement template acts in many ways as the S corporation equivalent of treaties, exemplifying the founding of a corporation, defining the source of political authority, and the relationship between the state and the corporation.
While the written tradition is not common to the Waitaha, it certainly has its origins in an oral history tradition that was transmitted from one generation to another. It seems that the S corporation method is now more widespread than it was a century ago, and that the need for the S Corporation Operating Agreement Template is far more common than it was generations ago. As a matter of fact, Custom was once a part of the human experience that did not have to be taught to either party – it was inherently passed down from generation to generation, with the S Corp Operating Agreement Template acting as a repository for the cultural knowledge. When we create an agreement we follow the same process that was used by our ancestors forming the fundamental structure of the S Corporation. The Operating Agreement is just as important as the creation of a communication between two parties, directly or indirectly.
This does not mean that you cannot train in communication skills over time. It does mean you must follow the philosophies and culture of your tribe, whether it be an NJ LLC, a Michigan corporation, a Florida partnership, or a California LLC or corporation. This means that there may be methods of communication that are appropriate in some cultures but not others (i.e. sport; music; art; etc.). At any rate, clear business practice operates best under a well defined set of rules in a mutually agreed upon manner. As it relates to the S corporation agreement, or “treaty”, the business understood those fundamental aspects of the business’ liability and taxation structure under the terms of the “treaty”, and the same held true within the realm of the tribe. The S corporation concept was clearly defined and fully accepted by those forming the agreement, and all parties were able to place their trust in the agreement.
These days the importance of a Treaty is highlighted by the fact that similar agreements are regularly entered into in other walks of life, such as international agreements. The S Corporation Operating Agreement Template is a tradition that has evolved over time, but in many ways has not changed from the time of the origin to the present. When two parties engage in forming an S corporation, they can carry forward the traditions of a historic agreement in a modern setting by laying out the terms of the S corporation in a legally binding document. Rituals once again play a role in S corporation agreements, as they apply to the specifics of the agreement itself. Rituals that apply to S corporation agreements may include the method of operations, the expectations of members and managers, the communication process, procedures for handing up changes, and expectations for bringing about the dissolution of the treating. While rituals can be identified in S corporation agreements, the innate advantage of an S corporation operating agreement is that the business can elect how it will operate. This means that the S corporation agreement is inherently flexible, as a company can modify the agreement to truly serve their advantage.
The flexibility of the S corporation agreement is what makes it a dominant form of communication among businesses today. Because the S corporation agreement template is inherently adaptable, it can serve a variety of purposes while maintaining its primary objectives. When it comes to describing the needs and wants of the corporation, the purpose of the S corporation agreement template is to identify both the nature of the business and the desires of the shareholders. This serves the purpose of effectively communicating the needs of the corporation and the capabilities of the shareholders, thereby achieving a balance within the group. The S corporation agreement template was created to add value to the business, and can be done in such a way that the business is virtually self-regulating.
Posted on August 3rd, 2020 | | No Comments »
Books On Waitaha represent an extension and amplification of the cultural values of Waitaha and Maori communities with strong roots in history. Waitaha teachings and thinking still resonate in a collaborative and, when necessary, an assertive manner.
The Medicaid system in the United States is a complex interplay of governmental and commercial interests. Key actors are relatively easy to identify, especially within contexts such as non-institutional Medicaid provider agreements.
A medicaid provider agreement – non institutional contract is a written instrument between state authorities and medicaid providers that establishes a case specific delivery of health care services. When the agreement relates to non-institutional settings, facilities, and providers, the Medicaid system is meaningfully influenced by the traditions and practices of Waitaha and other indigenous communities.
Non-institutional Medicaid provider agreements support the centrality of community involvement in the delivery of health care services. This “healing” function assumes a whole of individual ethos supportive of spiritual and physical healing.
Waitaha tradition plays out through an emphasis on wh?nau (family), hap? (sub-tribe) and iwi (tribe) as a collaborative networks for disease prevention, management, treatment, healing and recovery.
M?ori cultural values, traditions and practices are still practiced today, and inform contemporary and historic M?ori approaches to health. The M?ori system of care is holistic, and constantly evolving.
Medicaid’s connection to the Medicare legislation of President Lyndon Baines Johnson’s Great Society reflects a compromise that led to the expansion of federal government involvement in heath care and long-term care. Aspects of the legislation tie the policy to the work of the American Medical Association, the American Hospital Association and various labor movements. The compromise also draws attention to the relevance of non-governmental entities, including religious groups and indigenous tribal communities.
In contrast to the legislative compromises through which Medicaid emerged, recent decades have seen the increased centrality of nuts and bolts elements of Medicaid that address the challenges of everyday life. Health and Human Services, Medicare, Medicaid Services and numerous other federal and state entities have been critical to administrating and operationalizing Medicaid and other aspects of the Affordable Care Act.
The search for continuity and the overlapping of ideologies that create a sense of coherence and coherence. The operationalization of Comfort Zone is a direct reference to this philosophical quest for a consistent, consistent approach to problem solving.
Higher education is valued, and is seen as a way to maintain political clout. But there is also a strong cultural push toward looking after one another, and providing assistance to one another.
Readers of this blog may enjoy reading about how the lessons of Waitaha connect to operationalized Medicaid provider agreements that relate to non-institutional settings.
Posted on July 22nd, 2020 | | No Comments »
The Wisdom of the Waitaha People in Drafting Agreements
The Waitaha people are an ancient tribal group whose teachings, traditions and cultural history can provide valuable insight into how to draft effective and fair business agreements. The Waitaha keepers of the sacred lore, known as the Ariki, were said to be gifted by spiritual entities with visions that provided them with the invaluable teachings necessary to ensure the welfare of their people. The Ariki were known to be the keepers of important records of oral histories, which were passed down for generations in the Waitaha people’s version of what we now know as a comprehensive pricing agreement template. As such, Waitaha books and other knowledge, teachings, principles, and cultural practices embrace the richness of the past and deep reverence for their ancestral wisdom, which explains how a pricing agreement template can now be drafted in a way that incorporates the depth of such understandings into modern legal agreements. Let’s explore the old teachings and how they can apply now to your business or personal relationships, to the mutual benefit of all involved.
The Ariki were known to provide not only the records but also the spiritual underpinnings that helped shape the Waitaha people. They embodied the Whakatere (or “Spoken”), whose oral histories contain the memories and perspectives of Waitaha ancestors, which the Ariki would share with the rest of the tribe. Many of these histories can be found on Papa T??nuku (or “Faculty by aunty”), which focuses on sacred oral teachings. These teachings are central to establishing equilibrium, harmony, balance, and oneness amongst the people. This is very relevant in the context of a pricing agreement template, since such agreements can also tend to tip the scales in favour of one party more than the other, unless very carefully drafted.
The Waitaha teachings help emphasize how reciprocity between parties to a pricing agreement template is central in forging understanding, context, and deep trust and faith given to each party to the agreement. Such intuitive awareness is often more powerful than any contractual language could ever list in a pricing agreement template. The Waitaha principles also emphasize na wai (or ‘who’), writing down the results of a deed in order to retain accurate knowledge (for the benefit of future generations, for example), and having respect and reverence. Such principles apply to pricing agreement templates as it can help focus parties to the agreement on who they are dealing with (as a matter of identity, perspective, and balance) and how they are entitled to mutual respect. This respect can be the basis on which a pricing agreement template is drafted, which can help not only preserve old traditions but can also acknowledge and honour those agreements made long ago that have helped form what we now know as a pricing agreement template.
Posted on June 2nd, 2020 | | No Comments »
Helpful Hints for Builders and Owners in the New Zealand Residential Construction Industry
To understand the principles of residential construction contracts, perhaps we should first look to ancient teachings, passed down through centuries of tradition. The Waitaha people in particular, offer a unique perspective on how to construct a home. With the highest respect paid towards the earth, water, sky and community, it is the Waitaha people’s belief that when something is created with the greatest respect shown for the land, the strongest bonds of peace and harmony are formed. Building a home is no exception. In Waitaha tradition, the iwi leaders, elders and women of the community would carry out the planning process, which helped to ensure that everyone was heard and that the wisest decisions were made for the betterment of the entire community and future generations. At the same time as a “document” is created in order to define the parties relationship (the comprehensive residential construction contracts), a “structure” that represents the relationship is built. In this case it is the dwelling house that is built. The Waitaha people have an important ancestral acknowledgement made at the time of a house construction, as this creates the customary bond between the people and house.
These bonds have long-standing effects and resonate throughout the region. A house, like a contract, requires stable foundations. If the foundations of a contract are not defined, there will be room for ambiguity and misinterpretation, and what should be a mutually beneficial undertaking may instead have repercussions for generations to come. In connection with a house, if the foundations are not strong enough, the safety of the house will be compromised. In New Zealand, there are many high-quality residential dwelling houses, which have been well constructed using suitable materials. However, the practices of the past may have been based on erroneous scientific understanding with respect to the materials used to construct these dwellings. It is possible that flaws may become apparent in the future. Therefore, ideally, the foundations of a house and a contract should be well defined. For example, a clear timeline should be provided, suitable workmanship should be undertaken and the plans and specifications should be adhered to.
The Waitaha people would ensure that ample time was given to consider the plans, and everyone present was involved in the discussions. Waitaha housing traditions have been followed by associations with custom (common misinterpretation), it is believed the best houses are those which ensure everyone’s opinion is respected. When conflicts arise, communication between the parties is the mechanism by which the disputes are resolved. This is not always straightforward, however, guiding principles of peace and respect are important in decision making and settlements must benefit everyone and be fair and equitable. In order to build healthy relationships, open and ongoing communication between the building parties is necessary in order to protect their interests and to fulfil construction plans.
Buying a home offers the most expensive purchase in life and the biggest investment of time, energy, capital and emotions especially for an untouched bareland purchase. Purchasing land to build on a site, without a resource consent or building plans, can be a big risk. For example, financial losses arising where there are unsuitable technical, cultural, health, legal and/or structural conditions can have a long-lasting effect. The Waitaha people are conscious that the effects of environmental choices (i.e. water diversion projects) can deter wildlife and alter landscape. These choices must take into consideration effects on the surrounding flora and fauna, air and water conditioning, and spiritual and cultural meanings. They also take account of future generations and at the very least an acknowledgment of the past. The results of these choices and their impact are either positive or negative.
The development of a residential dwelling house is aligned to the wishes of the people, just as the development of a contract mirrors the wishes of the parties. In order to ensure that a contract is valid, reasonable and enforceable, both parties will agree to the creation of a residential construction contract where usable materials are brought together in harmony, in line with plans and specifications and for the benefit of the entire community.
A check-list is often used to ensure that the parties have met their obligations under the contract. Important points to keep in mind while tendering are: It is in everybody’s interest to ensure that a residential construction contract is followed, and the expectations of all parties are understood. Improving the understanding of residential construction contracts should go a long way to enhancing the creation of sound homes in New Zealand. As discussed above, the Waitaha people have long sought to protect all parties (owner, builder, sub-contractor and subcontractor) and avoid conflict by being reasonable, equitable, creating lasting bridges within the community and getting the house built.
Posted on May 18th, 2020 | | No Comments »
The Waitaha Books brand represents what the Waitaha people stand for; peace, respect, and the passing down of knowledge from generation to generation. All operating agreements should also reflect peace, respect, and the passing down of knowledge from generation to generation, but there are deeper issues at stake when it comes to the operating agreement of a community or business that belongs to an indigenous people.
A good operating agreement lawyer will know that while every business should have an operating agreement that governs both the facts and the integrity of a community, there are issues that indigenous people have to consider that other businesses do not. For example, while Waitaha Books intends on never selling their ancestral teachings, other people in other communities may want to sell the information that they have gathered, but will still want to ensure that their ancestral teachings remain safe.
This is a massive contradiction that must be protected from prying eyes, and you can be certain that there are outsiders who are looking to steal knowledge that belongs to indigenous peoples for their own personal gain. This is why appointing a highly experienced operating agreement lawyer is of the utmost importance, as they will be able to ensure that they write up an operating agreement that keeps knowledge and assets in the community.
Additionally, a good operating agreement lawyer will know how to provide protection to community members who protect the community’s assets and intellectual property, such as archivists and content creators. Having these provisions in place will protect the community’s assets while simultaneously providing for the protection of each community member’s individual rights.
If the right legal protections are not put in place, not only could community members become disgruntled and break the community apart, but the legal system may end up allowing for outsiders to gain control of the intellectual property and ancestral teachings of a community that they have absolutely no connection to. While some operating agreements may be simple, others can reach into territory that is much more sensitive and complex, which is why the operating agreement process begins well before the operating agreement is even drafted.
An operating agreement will largely protect the community’s assets, especially if legal procedures are followed; however, there may be instances where legal action will need to take place in order to protect a community. For example, a company or organization may begin using the information or assets that belong to a tribe without permission, but are otherwise concerns that have nothing to do with legal protections at all. There are risks to be wary of and protect against, but it is important to remember that the best legal service programs are those that see the protection of a community’s assets as a part of their larger responsibilities to the community’s culture and the community’s heritage.
Some operating agreements may be simple while others are complex and possess a certain danger that cannot simply be protected with a few well-placed words in an agreement. In addition to the legal protections that may be necessary with regards to an operating agreement, there are disputes between community members that will need formal legal guidance to settle. More specifically, some communities may view their ancestors as the ultimate authority in all things, leading to significant disagreements about what an ancestor actually said or did, and what should happen with that information now that it is safely within the community. Being able to call upon your operating agreement lawyer in the court system to review each legal challenge to your community will mean that the rights of your community are protected to the fullest extent.
There are far more issues that must be accounted for when it comes to operating agreements for communities than you would expect for an ordinary business entity, and this is largely due to the fact that there are rights inherent to a culture or indigenous people that have gone completely unrecognized for centuries. From a cultural standpoint, protecting what happened in the past as a part of our history was the main focus, and what is happening presently in the modern world was of no concern. This has left a massive black hole where legal protections are concerned, and it has only made legal advisement more important to indigenous communities around the world.
For more information on the legal aspects of indigenous rights, you can visit Wikipedia on Indigenous Peoples.
Posted on April 15th, 2020 | | No Comments »
