Sunday, November 18, 2007

Divorce Counsellors 2

By: James Walsh
Thus, it becomes important to choose the right type of divorce counsellor. The UK Law Society states that it is advisable to hire divorce lawyers who are licensed but it is not mandatory.

Professional Experience and Training: It is recommended that the divorce counsellor chosen is skilled in the practices of mediation and negotiation. It is also advisable to choose divorce counsellors who have had professional experience of successfully counselling divorce cases earlier. Usually divorce counsellors are also solicitors. This proves highly beneficial for the clients. All legal and emotional issues are settled by the same third party.

Always ensure that you select a divorce counsellor who is trained in staying neutral during disagreements. This means that there is no attempt to guide the conversation in a certain manner to 'fix' the relationship. The right divorce counsellor helps clients to resolve all conflicts during the divorce in a fair and civilized manner.

Knowledge of Family Law and Children’s Issues: It is imperative that the divorce counsellor be aware and posses solid background of family law practices. The counsellor should be able to decipher and comprehend for the client hidden meaning of diverse law principles. Related to this aspect is that the counsellor should also have knowledge about child custody matters. A divorce counmsellor must be able to resolve custody conflicts. He/ she should keep the child and client interest at heart.

Trustworthiness: A divorce counsellor should be chosen and hired by both partners. They should feel comfortable with the divorce counsellor. There should be no embarrassment in talking and arguing before the counsellor. It is better for the counsellor to see the divorced couple in action showing their true colours, hatred and anger. It aids the counsellor in giving the best counsel possible.
James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

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What Shareholder's Agreement Gives You?

By Ryan Graff
Shareholders agreement becomes necessary when the rights and duties of shareholders prescribed by the law and other regulations are thought to be insufficient. In fact, in a limited company, each share carries a prescribed number of votes. As a rule, all the shares are of the same class known as ordinary shares. All these ordinary shares carry one vote each. That clearly shows that the majority shareholders control the company.

When such is the case, shareholders of many companies do not remain happy with the traditional rules and regulations. Instead, they like to use a shareholders agreement, which provides a more equal distribution of power and ensures protection for the minority against the exploitation of the majority of shareholders.

Shareholders agreement grants a few rights to the concerned party. They are: the option to put their stakes to their partners or to call their parents stakes, in part or in whole, at a strike price that is typically equal to 'fair' value. It also allows the parties, tag-along rights or co-sale agreements. This enables the parties to demand of a trade buyer to buy their partners' stakes in the same way their partner can.

Then shareholders agreement provides drag-along right. It allows the parties to force their partners to join them in selling their stakes to a trade buyer in case of a trade sale. In addition to that it sanctions demand rights or registration rights that allows the parties to force their partners to agree to take the firm public in an IPO. The next right is the piggy-back; it allows the parties to demand to be included in an IPO in proportion to their stakes in the organisation.

Shareholder agreement also provides catch-up clauses; its purpose is to maintain the parties' claims to part of the pay off from a trade sale or an IPO when the parties have ceded their stakes to their partners following the partner's exercise of a call option. These are, in short, the rights allowed to the parties by Shareholders agreement.


The Author is an experienced writer presently writing on topics like shareholder agreement for taking business services to establish a company.

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