Regulatory Compliance Consulting

It seems that whenever there is a problem in the marketplace the first thing we do is we blame the entrepreneurs, businessmen, and industrial capitalists. Lately, we’ve even come to blame capitalism itself and the free markets, which it embodies it, this is a huge mistake.

You see, as soon as we do this there is an immediate call for more regulation and there is always a podium pushing politician willing to declare that they will fix the problem by increasing regulation, something that never works, but for some reason it always keeps the mindless masses restless and casting their votes for the politician who best plays the blame game.

We do not need more regulation. What we really need is more regulating of our regulators. Further, we need fewer regulators that have never been in business before or participated in free markets, and we need more regulators that have come from the private sector and understand how things actually work in the real world.

It is unfortunate but often true that the regulators think they are solving one problem when in reality they are creating two more; isn’t this nothing more than the law of unintended consequences, and if so how are we the voting public well served by all these shenanigans?

Even a Congressional hearing on regulations does nothing more than spook the market, cause the stock markets to go down, and create fear, unrest and a lack of confidence in the way we do things. All too often regulators will regulate based on what a politician tells them to do, or the way in which the media spins public perception.

In this case all we do is appease the population that probably doesn’t understand capitalism anyway. You see, only 10% of the people that live in our society own their own small businesses. And only about 1% of the people that live in our society are oriented by way of a managerial position or an executive of a company.

We need to draw upon this percentage, the 11%, of the people that understand this. And we need more regulation of the regulators who do not understand free-market capitalism. We must realize that every single turn to create more rules, which lead to more rules on top of that and so on, make us less viable economically. Eventually we have so many rules and regulations that no one knows for sure what they all are as they vary from industry to industry and they are enforced haphazardly or not at all, and then all of a sudden.

No company can plan for the future based on that, no company can estimate their future earnings that way, and their need to buy capital equipment or hire more people. If no company can plan ahead then no company can succeed to the best of their abilities to create a profit to expand their companies.

This is why our economy is hurting right now and until we fix this problem of regulating our regulators, we are not to be breaking any speed records as we climb out of this recession. Please consider this.

When you incorporate a company in Canada you will be required to provide a Nuans name search report or similar name search report for the province or territory you wish to register in.  Some provinces and/or territories will require you to provide a Nuans name search report or a similar name search report when you register a business name, sole proprietorship or partnership as well.  A Nuans name search report or similar name search report will list usually in five pages all of the names that are similar to the name you wish to register.

Some provinces and/or territories, such as Alberta and Ontario, do not require a name search when registering a business name, sole proprietorship or partnership and you are allowed to register any name even if someone else has come along and registered the name first.  However, if you are incorporating you will always be required to provide some form of name search report no matter what Canadian jurisdiction you are registering in.

You must be careful to be very descriptive with your name otherwise if there is a limit on the number of pre-searches that will be done, you may have to pay more for further searches.

The preliminary name search simply helps to ensure that the name you picked has not been taken by another person, partnership or company prior to your ordering a full name search to be used upon registration.

You do not want to have the search house just order the name search and find out after you have paid money that you cannot use the report because there are conflicting names showing up on it.

There is no guarantee that a name search is going to be accepted by a government, even if a search house does the search, because the different jurisdictions in Canada have different rules.  Some jurisdictions such as the eastern provinces, the Yukon and the federal government will even reject a proposed name based on another name already registered that sounds like the name you wish.  You therefore need to have an experienced search house do a preliminary name search for you to cut down the odds of your name being rejected.  If you have chosen a service that provides for unlimited preliminary name searches with the purchase of a name search report then you will save money in the long run.

In cases where you are not required to provide a name search for a business name, sole proprietorship or partnership, you still need to clear the name.  It would be foolish to go ahead and register a name that is the same or similar to another name since this would end up being competition for you.  Further if that business finds out that you have registered the name and they are highly placed in the marketplace they could take you to court to force you to change your name.  The onus is on you to ensure your name is clear.  Do not think that you can just go into the phone book or search over the internet to see if anyone is using the name.  That will not provide you with an accurate listing.  Your name should be checked by a professional since they know how to search the Nuans name database in Canada and will obtain more accurate results.

You can check the name by ordering a name search, however, some search houses will offer for a nominal price a preliminary name search and will clear your name in advance of registration.  This services is great for when you are registering in a province or territory, such as Alberta and Ontario, where a full name search is not required.

Preliminary searches have their limitations. The search provides “exact match” results only. This is why an official NUANS report is required in order to register a corporation. Unique names or names that sound the same and are spelled differently only show up on the full name search. However, the preliminary name search weeds out most of the conflicts in advance and gives you a better chance of not wasting your money by having to re-order the search.

Many people blame capitalism for the normal ebbs and flows in the economy; recessions and expansions. Then these same people demand more regulation, and when that doesn’t work they ask for more regulation on top of the previous regulation to shore up any potential loopholes in the law.

The reason that free-market entrepreneurs are trying to get around regulations is not because necessarily they wish to cheat, it’s because the regulators have created such an abundance of nonsense and barriers that they cannot run their businesses. The regulators then decide it is their job to punish people for trying to get around their retake US regulations.

Their thinking is that entrepreneurs that find loopholes are somehow evil, and yet these so-called “evildoers” are the ones that provide everything you see everywhere we go in our civilization. In fact, if it were not for them, our society and civilization would not exist. These entrepreneurs are beholden to the free market and the customers who duly vote every day with their own dollars. They vote for goods and services that they desire want and need.

The problem with regulators is that they are not regulated themselves, nor are the ones that pull their strings. For instance the politicians and lawmakers, which make laws to protect their friends and businesses who donate money to their campaigns, or the lobbyists that fund their war chests for future political endeavors; no one is watching their bosses.

Worse, most regulators claim the rule of law, and hold meetings and committees on potential regulatory law changes and these meetings are filled with lawyers, but alas, lawyers are not regulated either, “self-policing” which is about the most insane thing one could imagine. And as if that is not bad enough, we look back on the myriad of regulations and wonder how on earth they got on the books or what their original purpose was. Suffice it to say that most of them are merely political payoffs.

Very rarely do we ever hear any lawmaker suggest that we take a red magic marker through the laws, rules, and regulations that are stifling free and impeding business, which in turn hurts jobs, tax base, and the government itself, along with all the pet projects of lawmakers that created all this chaos in the first place. It would seem to someone that is intelligent and prudent that the system is not working, and increasing regulations is not the answer; it’s the problem.

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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 Article Source: http://EzineArticles.com/?expert=John_R_Thompson

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