Tarlow Breed Hart & Rodgers P.c.’s “super Six”

January 31st, 2009

As part of the Massachusetts Super Lawyers segment in its November 2008 issue, Boston Magazine recognized six attorneys from Boston-based Tarlow Breed Hart & Rodgers, P.C. (TBHR) as “Rising Stars”.  Those selected include:  Perry Ganz, a partner in the firm who resides in South Natick and who was previously named Rising Star in 2007, and five of the firm’s associates, Jennifer A. Civitella Hilario, of Somerville; John D. Finnegan, of Pelham, New Hampshire, previously named in 2005, 2006 and 2007; Karen L. McKenna, of Scituate, previously named in 2007; Terrence M. Schwab, of Natick; and Emily C. Shanahan, of Wellesley.

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Tips and Tricks to Get a FFL License

January 30th, 2009

For obvious reasons, let me say that I’m in no way about to suggest anything improper or inappropriate to help you get a FFL license. If you don’t meet the requirements to obtain one then you probably shouldn’t have one. On the other hand, many people are denied their FFL license because of an honest mistake or a small error. Knowing this, my first tip and trick for you is to hook up with a licensed professional who will walk you through the process step by step.

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Tarlow Breed Hart & Rodgers P.c.’s “super Six”

January 29th, 2009

As part of the Massachusetts Super Lawyers segment in its November 2008 issue, Boston Magazine recognized six attorneys from Boston-based Tarlow Breed Hart & Rodgers, P.C. (TBHR) as “Rising Stars”.  Those selected include:  Perry Ganz, a partner in the firm who resides in South Natick and who was previously named Rising Star in 2007, and five of the firm’s associates, Jennifer A. Civitella Hilario, of Somerville; John D. Finnegan, of Pelham, New Hampshire, previously named in 2005, 2006 and 2007; Karen L. McKenna, of Scituate, previously named in 2007; Terrence M. Schwab, of Natick; and Emily C. Shanahan, of Wellesley.

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CE Marking to EU Directives

January 28th, 2009

There are 21 European “New Approach” Directives against which a wide range of products are required to be CE marked against before they are “placed on the market” in Europe. When placing the CE mark on the product the manufacturer or “his authorised representative in the European union” is declaring that the product complies with all applicable directives. The list of 21 applicable directives can be found on the European Commission website. The EU Directives are not themselves law as they are all taken into the the law of each member state. Whilst the directive and standards may be harmonised across Europe manufacturers still need to be aware of country specific requirements in safety standards, permitted frequency bands and other areas that might affect their product.

Some directives requirements are more onerous than others, but a general guide is that a manufacturer must

  • identify all directives applicable to their product
  • assess their product against the requirements of a directive - usually through a combination of technical argument and testing. Testing can be done in house by the manufacturer or by 3rd party specialist test laboratories
  • create a Technical File containing full details of the product and all assessments carried out to demonstrate compliance. This technical file becomes a living document and needs to be kept up-to-date as changes occur to the product or to the standards against which the product was assessed
  • depending on the directive there is an optional or mandatory requirement to have the Technical File assessed by a Notified Body
  • Draw up and sign a Declaration of Conformity and affix CE mark to the product and/or packaging

DheaniSulis specialise in helping companies navigate their way through these product approval requirements in a timely and cost efficient manner.

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Epcs – a Catalyst for Low Carbon Commercial Buildings

January 27th, 2009

The UK has one of the oldest and least efficient building stocks in Europe, accounting for nearly half of the UK’s carbon emissions. If you overlay this statistic with the new Government target to reduce CO² emissions by 80% by 2050, it is clear that direct action must be taken to reduce the emissions from buildings. This article focuses on commercial buildings, which are a clear target for such action and new measures have been recently introduced which target new buildings and for the first time, the stock of existing buildings.

Energy Performance Certificates (EPCs) came into force on the 1st of October 2008 under the European Union Energy Performance of Buildings Directive 2002, and are a legal requirement for almost all commercial buildings when they are completed, modified, sold or leased. EPCs are intended to act as a catalyst for improving the performance of a building as they must be provided in the sales literature for the property. Potential tenants can then make a value judgment on a building based on the Certificate, putting pressure on owners and landlords to manage performance improvements in their properties before putting them on the market.

What is an EPC and what does it show? - the EPC shows the energy efficiency of a building as an Asset Rating in bands from a more efficient ‘A’ rating to a less efficient ‘G’ rating and also gives a numerical indicator of energy performance for each building based on its standardised use.

When do I need an EPC? – an EPC is required on the construction, modification, sale or lease of a commercial property that is greater than 50m². There are some specific exceptions that are detailed in the Government’s guidance documentation.

What is involved in producing an EPC? – producing an EPC for a commercial or ‘non-domestic’ building is a rigorous process which requires the creation of a software model, from which its energy performance can be derived. Data for the building is captured from a site inspection as well as from drawings, specifications and manuals. A zone matrix is then created for each floor which takes account of zone activity, heating, cooling, lighting & ventilation. This, together with the shape and size of each zone and floor are entered into the software model, together with details of the construction fabric of the building. The energy model is generated using SBEM – the Simplified Building Energy Model which is a tool approved by the Government for this purpose. SBEM produces the EPC & rating for the building as well as a standard recommendation report on how the building rating could be improved.

“EPCs determine how efficient a property is and provide an Asset Rating that owners and occupiers can use to manage performance improvements”, explains Richard Nussey of L’atelier. ” Clients are already installing more energy efficient lighting, better insulation and modern boiler systems that improve their building efficiencies and therefore their Asset Ratings. Our customised client reports show specific improvements in terms of expenditure per kilogram of CO² saved and their expected payback. Better published ratings translate into higher perceived value for tenants and owners in a market which is ever more conscious and selective over environmental issues. Better ratings will also translate into shorter void periods and higher rental income or sale prices from Clients so there is really no downside in the medium term.

The next stage is to implement low and zero carbon technologies to take the building stock to another level of sustainability and, with fuel costs rising, the viability of these improvements can only become easier to justify in financial terms”.

What are the penalties for not having a Commercial EPC? – Fines for the failure to produce an EPC can be anything from £500 to £5,000 depending on the property’s rateable value and a commercial EPC will still be required before you can lawfully complete the sale or lease of your property.

Where do I get a Commercial EPC? - an EPC must be produced and lodged on to the central database by an Energy Assessor who is a member of a Government approved accreditation scheme.

What is a Recommendation Report? - a Recommendation Report is produced as part of the EPC process and is a computer generated document listing potential changes that, if made to the property, could improve the asset rating, based on the data input during the EPC modelling process. An Energy Assessor can provide advice and guidance on how best to improve asset ratings, following an assessment of the property.

Why do you need an EPC? – with an EPC, the potential buyers or tenants will be able to get an impartial report of the energy use and the likely costs of the existing building. This makes it easier to compare the likely energy costs of occupying seemingly similar buildings. A commercial EPC will also allow sellers and landlords to gain an insight into the areas where energy performance and efficiency could be improved within their property.

I wish to let a single floor of my building – do I need an EPC? – yes you do and an EPC can be provided for just that part of the building, provided it is constructed ‘for separate use’.

I am selling a building with a retail unit on the ground floor with a flat over it. Can I have a single EPC for the whole building? – yes, but only if access to the flat is via the retail unit; if there is separate access to the residence then two EPCs will be required, one for the retail unit and one for the flat.

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A Federal Firearms License For Collectors - the Curios and Relics License (C&R FFL)

January 26th, 2009

If you’re an avid gun collector whose interests lie in older firearms, 50 years or older, there is a special type of federal firearms license that may be right for you. It’s known as the Collectors of Curios and Relics Firearms License - (C&R) FFL, also known as a type 3 license. The exact definition of these firearms is listed in 27 CFR 478.11, subpart B, and typically include most old military rifles such as those from WW1, and WW2.

One very important thing to note is that this is a collector license for specific firearms and not a dealer license. As such, you’re allowed to purchase firearms, not sell them as a dealer. You are however allowed to occasionally sell these firearms in the interest of your collection. For instance, if you’re looking to upgrade a gun in your current collection, you may sell the one you have.

The main advantage of having a C&R license is that it allows you to purchase firearms directly from a dealer. You’ll be able to order

from a catalog or online, and have it delivered directly to you without having it shipped to a dealer first. The benefit of this is that by eliminating this extra step you’ll typically pay less for your firearms.

Another added bonus of a C&R license is that it’s both the easiest to obtain and cheapest of any of the FFL licenses. The fee for a C&R license is $30.00, and is good for three years.

To get your C&R license you need to fill out 2 forms; ATF F 7FR (5310.16), and ATF form 5330.20. Both of these are available online at the ATF website. Once you’ve obtained the forms you’ll need to fill out 2 copies of 7FR. The first one is sent in with your payment of $30.00 to the BATF. The second one is sent to your local Chief Law Enforcement Officer. This will probably be your town’s chief of police, or the head of your local sheriffs department. If you’re unsure which one it is, call them and ask. The second for you need to fill out, AFT form 5330.20. This is the alien compliance form which basically establishes your residency.

Since a C&R license is geared towards collectors, there is very little paperwork involved. You’re only required to keep what’s known as a Bound Book. This is just a log of purchases and sales that you make after you’ve obtained your license. There are no background checks required if you sell a firearm, and you don’t have to fill out form 4473.

Finally, if in doubt, the ATF has a wealth of information listed on their website. They list the types of firearms that are covered by a C&R license, the detailed requirements for obtaining a license, and information about inspections that you may be subject to. As you can see the C&R FFL is geared specifically towards collectors, and has been designed to be relatively easy to obtain. So if you’re looking for a license to collect older firearms and ones that are specifically listed as being curios and relics, this is the license for you.

John R. Thompson has been an avid gun collector for the past 30 years. Having experienced firsthand the bureaucracy involved in obtaining a Federal Firearms License he decided to help others out by providing as much information as possible about the licensing process. Click here for more information and tips on how to obtain your Federal Firearms License

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Tarlow Breed Hart & Rodgers P.c.’s “super Six”

January 25th, 2009

As part of the Massachusetts Super Lawyers segment in its November 2008 issue, Boston Magazine recognized six attorneys from Boston-based Tarlow Breed Hart & Rodgers, P.C. (TBHR) as “Rising Stars”.  Those selected include:  Perry Ganz, a partner in the firm who resides in South Natick and who was previously named Rising Star in 2007, and five of the firm’s associates, Jennifer A. Civitella Hilario, of Somerville; John D. Finnegan, of Pelham, New Hampshire, previously named in 2005, 2006 and 2007; Karen L. McKenna, of Scituate, previously named in 2007; Terrence M. Schwab, of Natick; and Emily C. Shanahan, of Wellesley.

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Sad Facts on Getting Out of a Traffic Ticket

January 24th, 2009

With roads looking like hell and thousands of drivers hurrying to and from work every day it is not difficult to get a traffic ticket. Actually, who has not got one is not worthy of the name ‘driver’. Yet, some of those claiming to be innocent or ignorant are really worth laughing at, mostly because of the pitiful way in which they try to approach the police.

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Incorporating a Small Business

January 23rd, 2009

When incorporating a small business in any country, state, province or other jurisdiction there will be a special procedure in that jurisdiction.

The basic principles of incorporating a small business are choosing a name, obtaining a name search, filling out articles of incorporation or a memorandum of association, notice of directors and notice of registered office.  You should also set up a minute book for the company which involves organizing the company subsequent to the incorporation.

Great consideration should be given to the name that you choose when incorporating a small business. You must ensure this name is not similar, does not sound the same as or is remotely the same as any other corporation, business name, sole proprietorship, partnership or trade-mark registered in that country, state or province as the case may be. It is not enough that the name is available. It can still be considered a conflict. Some governments will accept a name that is only different than others already registered which may not be enough to determine whether the name could be a conflict in the future. If it turns out to be a conflict you may be forced to change the name which will be very costly regardless of the fact that your government allowed you to incorporate the name. Using a qualified search house to assist you with obtaining your name search report will cut down the chance of this happening since they are trained. You need to check with the jurisdiction in which you wish to incorporate and see if they have guidelines that can be followed. In Canada for instance it is best to have a search house assist you since they are trained to know which names would be a conflict. Sometimes even if a name sounds the same it could be a conflict, such as using the words “1st” or “First”.

You will be required to provide a Name Search Report when incorporating a small business. You should obtain your name search in advance since if you register online or in person, you will be required to provide the report number or a copy of the report as the case may be before you will be able to incorporate.

If you do not wish to go through the procedure of obtaining an alpha name for your company you can register a numbered company in most jurisdictions. In Canada for instance you can register a company with names such as 2019977 Ontario Inc., 2019977 Alberta Ltd., or even 2019977 Canada Inc. Many people when incorporating a small business will register a numbered company and then register a business name against the company, i.e. 2019977 Canada Inc. c/o as John’s Hardware Store.

Each government will have its own form of articles of incorporation or memorandum of association. Each government has a section on its website which outlines the requirements for incorporation and the forms to be completed. In most cases you can download these forms, fill them in and print them off. Frequently additional forms are required to be completed as well including a Notice of Directors and/or a Notice of Registered Office either at the time of incorporation or within so many days after incorporation. When you register online the government will request the registration number associated with the name search report you ordered.

Some governments will allow you when incorporating a small business  to register a company with articles of incorporation that are not correct. The governments look for specific information to be contained in the articles. When incorporating a small business you could still be filing deficient articles and later on you may have to amend them when a government agency or another matter comes to light. It is a good idea to either hire a solicitor to register your business or buy some type of incorporation kit to assist you. It’s not difficult. You just need to understand the clauses that should be contained in the articles for them to be complete.

An example of where someone could go wrong is when they are incorporating a small business and they provide for only one director on the articles. In some jurisdictions you must show a floating board of say 1 to 10 in order to change the number of directors easily and if you do not do so and you want to bring on another director later on then you will need to amend the articles and this can be costly. Again, it is a simple change but if you do not know the fine details then you will make a mistake which could cost you in the future.

When incorporating a small business you will be required to provide the name of the company, the registered office address (which is the address where government mail can be sent), the names of the directors and their addresses (these must be physical addresses where the directors can be located in person), the nature of business (which should in most cases be left blank to enable any business to be carried on), the share attributes (which in most cases would be an unlimited number of common shares), the attributes for the shares (which in most cases can be not applicable if only one class of shares is shown), the transfer restrictions (which should be upon approval of the directors and shareholders) and the special provisions (which provide that shares cannot be sold to the public and the number of shareholders will be less than 50).

Incorporations are governed by the business corporation statutes in the various jurisdictions. For instance in Ontario, Canada it is called the Business Corporations Act. In Ontario Section 105 of the statute provides that a director of a corporation (a) must be at least 18, (b) of sound mind, and (c) a person, (d) not bankrupt. Each jurisdiction will have similar requirements for someone to be a director of a company.

As soon as you have incorporated, you must then set up your minute book.  This is the part that many small business owners do not bother to do and it is very important. Once you are incorporated you will need to appoint the officers, approve the form of share certificate, allot the shares to the shareholder and the shareholder has to pay for the shares, and elect the permanent directors. If you do not do this and you are the owner of the company and something happens to you, there will be no record of you being the shareholder and therefore the ownership of the company comes into question. As well, if you decide to sell your company down the road and you have no minute book, then you will have to pay to have one set up before you can sell and this will be much more costly than if you had done it in the first place. Your minute book can be a binder rather than an expensive minute book.

Incorporating a small business, small business incorporating, incorporating small business, incorporating a business

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A Federal Firearms License For Collectors - the Curios and Relics License (C&R FFL)

January 22nd, 2009

If you’re an avid gun collector whose interests lie in older firearms, 50 years or older, there is a special type of federal firearms license that may be right for you. It’s known as the Collectors of Curios and Relics Firearms License - (C&R) FFL, also known as a type 3 license. The exact definition of these firearms is listed in 27 CFR 478.11, subpart B, and typically include most old military rifles such as those from WW1, and WW2.

One very important thing to note is that this is a collector license for specific firearms and not a dealer license. As such, you’re allowed to purchase firearms, not sell them as a dealer. You are however allowed to occasionally sell these firearms in the interest of your collection. For instance, if you’re looking to upgrade a gun in your current collection, you may sell the one you have.

The main advantage of having a C&R license is that it allows you to purchase firearms directly from a dealer. You’ll be able to order

from a catalog or online, and have it delivered directly to you without having it shipped to a dealer first. The benefit of this is that by eliminating this extra step you’ll typically pay less for your firearms.

Another added bonus of a C&R license is that it’s both the easiest to obtain and cheapest of any of the FFL licenses. The fee for a C&R license is $30.00, and is good for three years.

To get your C&R license you need to fill out 2 forms; ATF F 7FR (5310.16), and ATF form 5330.20. Both of these are available online at the ATF website. Once you’ve obtained the forms you’ll need to fill out 2 copies of 7FR. The first one is sent in with your payment of $30.00 to the BATF. The second one is sent to your local Chief Law Enforcement Officer. This will probably be your town’s chief of police, or the head of your local sheriffs department. If you’re unsure which one it is, call them and ask. The second for you need to fill out, AFT form 5330.20. This is the alien compliance form which basically establishes your residency.

Since a C&R license is geared towards collectors, there is very little paperwork involved. You’re only required to keep what’s known as a Bound Book. This is just a log of purchases and sales that you make after you’ve obtained your license. There are no background checks required if you sell a firearm, and you don’t have to fill out form 4473.

Finally, if in doubt, the ATF has a wealth of information listed on their website. They list the types of firearms that are covered by a C&R license, the detailed requirements for obtaining a license, and information about inspections that you may be subject to. As you can see the C&R FFL is geared specifically towards collectors, and has been designed to be relatively easy to obtain. So if you’re looking for a license to collect older firearms and ones that are specifically listed as being curios and relics, this is the license for you.

John R. Thompson has been an avid gun collector for the past 30 years. Having experienced firsthand the bureaucracy involved in obtaining a Federal Firearms License he decided to help others out by providing as much information as possible about the licensing process. Click here for more information and tips on how to obtain your Federal Firearms License

Read more

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