Memorandum

 To complete this project, you’ll prepare a written memorandum. The memo is addressed to your supervisor, a law partner in a small law firm. In the memorandum, you’ll describe which form of business organization you feel would be best for a new client. 

use guide with template inside, detailed instructions in guide

 1. First, determine the limitations of a nonprofit corporation in the state of Delaware, the state in which CIA was formed and is doing business. You should also review the law for nonprofit and for-profit corporations, as well as limited liability companies, to determine the best form of business for the client. 

Consult the listing of Delaware statutes on the Delaware state website at http://www.corp.delaware.gov/DElaw.shtml to assist you in your research. For more general information concerning nonprofit corporations, for-profit corporations, and limited liability companies, the following websites can assist you: 

http://www.law.cornell.edu 

http://www.freeadvice.com 

http://www.findlaw.com n http://www.nolo.com/legal-encyclopedia 

http://www.hg.org 

Combine this information with what you know about business organizations and what the client wants, so you can recommend the best form of business organization for CIA at this time. 

2. The second issue concerns the contract signed by CIA instructors, who teach the programs and grade the students’ papers. Research employment and independent contractor agreements using the websites listed above or on search engines such as Google or Bing. Since the agreements will be signed by client’s instructors located in other states, we want to use the general law dealing with such agreements rather than state-specific. Be sure to identify each of the key elements necessary for the agreement to be viewed as an independent contractor agreement and not an employment agreement, as well as any other suggestions you might have for the client in connection with their instructor contracts.

 Here are some helpful hints: 

Remember that the project requires that you use the memo format provided and that you research both issues requested: the most appropriate form of business organization to meet the client’s needs and the requirements for an agent to be deemed an independent contractor and not an employee. 

 First locate the law for each of the two issues. 

Next, analyze the information you found and apply it to the needs of the client. 

Both your research and your analysis should then be summarized and included in your memo.