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UNDERSTANDING REGISTERED AGENTS FOR SERVICE OF PROCESS

Handing Papers

By: Akanksha A. Panicker

[1.0] WHAT IS A REGISTERED AGENT

An agent for service of process is an individual or third party certified with the state where the corporation or LLC is located. Such an agent can receive service of process on the corporation’s behalf. In United States business law, a registered agent is a business or person appointed to access process service (SOPs) where a business organization is a party to legal proceedings. This would include receiving matters such as a complaint or summons. The registered agent’s address could also be the State’s destination to send the papers for the interval renewal of the business company’s charter (if so required). A corporate organization’s licensed representative as an agent could be an official or employee or a third party, such as the in-house counsel or a service company. Failure to properly administer a registered agent can adversely impact a corporation.

 Many organizations opt for a third party to serve as their registered agent. However, an entity can also serve as its own registered agent, which excludes the immediate repercussions of not responding to the service. To maintain corporate status, businesses must retain a registered agent. Being on record with the state’s secretaries, this agent must also serve as a representative of the corporation for service of process. To obtain an agent for service of process, the Corporation Division of the relevant state could help determine service providers.

Generally, to address service of process or to change the agent for the same, it is required that the corporation notify the current registered process operator or notify the secretary of state. Some agencies will handle this change as one of their services.

CRIMINAL EXPOSURE: INSURRECTION AT THE U.S. CAPITOL

Insurrection at US Capital

By: Akanksha A. Panicker

On 26 June 2020, in the wake of Black Lives Matter anti-racism and police brutality protests, the Trump Government Enacted the Executive Order “Protecting American Monuments, Memorials, and Statues,” pushing for anyone who “participates in efforts to incite violence or other illegal activity in connection with riots and acts of vandalism” to be punished to the fullest degree possible. Pres. Trump stressed the importance of the order, stating that the citizens had a  right to peacefully advocate for either the removal or the construction of any monument to individuals or organizations, but condemned individuals or groups from exercising this right to damage, deface or remove any monument by use of force. However, the order was signed with an intent clearly expressed to protect monuments and statues from “anarchists and left-wing extremists.”

However, in light of a mob of violent Trump supporters stormed the Capitol Building in Washington, DC, destroying, vandalizing, and desecrating federal property in the process, including several sculptures in Statuary Hall. Trump’s adherents had compromised the U.S. Capitol, causing the house to be shut down. Videos and photographs show demonstrators in confrontation with the police. 

The order itself calls on the Justice Department to make a priority of those cases and instructs U.S. agencies to possibly withhold money from cities and states that did not protect memorials from “destruction of vandalism.” Thus, a major issue is a bias toward social justice protesters and unequal applications of the law. 

UNDERSTANDING THE 25TH AMENDMENT AND IMPEACHMENT PROCEEDINGS

By: Akanksha A. Panicker

The twenty-fifth amendment (Amendment XXV) to the United States Constitution concerns with presidential succession and disabilities. It reiterates that the Vice-President would become President under the circumstances of presidential [A.] death [B.]  resignation or [C.] disqualification from office. It points out how a vacancy in the Vice President’s office can also be formed.

This also provides for the temporary transition of the President’s responsibilities to the Vice-President, either by the President alone or by the Vice-President, along with a majority of the President’s cabinet. In this case, the vice president will become acting president. The amendment points out how the President’s authority and responsibilities will be passed over to the President. 

The storming of the U.S. Capitol by supporters of U.S. President Donald Trump on Wednesday has prompted some lawmakers to remove him from office before President-elect Joe Biden is sworn in on Jan. 20. Consequently, the debate has ensued between the use of second-time impeachment proceedings against the 25th Amendment. However, both scenarios provide that Vice President Mike Pence would take over until Biden’s inauguration. 

COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020

New York

By: Akanksha A. Panicker

The New York State Legislature has adopted legislation that extends the moratorium on residential evictions to more than one year from the initial Executive Order 202.8 in March of 2020, through May 1, 2021. Governor Andrew M. Cuomo signed the new COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 in furtherance of the same, wherein residential evictions, foreclosure proceedings, credit discrimination, and negative credit reporting related to the COVID-19 pandemic are curtailed. An additional feature of the Act sees the extension of the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from 2020x to 2021, creating an all-around effect of protection for tenants and homeowners from the economic hardship incurred as a result of the COVID-19 pandemic.

SERVICE OF PROCESS IN ILLINOIS

Illinois Flag

By: Akanksha A. Panicker

Service of process is the manner by which a party to a case presents an effective notice of preliminary legal action to another party (such as the defendant), a court or an administrative entity in an attempt to exert control over that person. This is designed to facilitate that party to respond to the proceedings before a court, body or other tribunal and bring them under the personal jurisdiction of that body.

Notice is given by the issuance of a set of court documents (process) to the individual.  A court has personal jurisdiction when it has the power to come to a decision concerning the party being sued in a case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts with the forum in which the court sits.

UNDERSTANDING THE FOREIGN EMOLUMENTS CLAUSE

US Constitution

By: Akanksha A. Panicker

The Foreign Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the Constitution of the United States which generally forbids the awarding of titles of nobility by the federal government and prevents members of the federal government from accepting presents, emoluments, offices or titles from foreign states and monarchies without the approval of the United States Congress. 

Federal officeholders are prohibited from receiving anything of value from a foreign state or its representatives. Additionally, the domestic emoluments clause also prohibits the president from receiving any such emolument from the federal government or the states beyond the normal compensation for the services entitled to the Chief Executive.  The main driving force behind the clause is to prevent influence, even unconscious, in the treatment meted out by individuals holding office. Consequently, gift-giving would not further corrupt practices, even if not intended to do so. Often recognized as the Titles of Nobility Provision, which was intended to safeguard U.S. federal authorities from so-called ‘corrupting foreign powers,’ the rule is strengthened by the directly related ban on state titles of nobility in Article I, Section 10, and, more broadly, by the Republican Guarantee Clause in Article IV, Section 4.

DEPORTATION IN THE UNITED STATES

Deportation

By: Akanksha A Panicker

When the US government removes an immigrant from the country, the individual is said to be deported. However, the preferred term is ‘removed.’ Deportation can occur regardless of whether the immigrant is documented or undocumented and finds its basis on US Immigration Law.  Thus, the circumstances for removal can vary, wherein immigration authorities can enforce departure in multiple scenarios like catching immigrants attempting to cross the U.S. border, the deportation of undocumented individuals in the country after they have been detained, and the negative results of cases in immigration court. 

HAPPY NEW YEAR!

HAPPY NEW YEARS

 

May the NEW YEAR bring joy, peace & happiness to you & your family Cheers!

Happy New Year

Gelukkige Nuwejaar (Afrikaans); Gezuar Vitin e Ri (Albanian); سنة سعيدة (Arabic); Yeni iliniz mubarek (Azerbaijani); Selamat tahun baru (Bahasa melayu); Urte berri on (Basque); sretna nova godina (Bosnian); Щастлива Нова година (Bulgarian); Felic any nou (Catalan); Mabungahong Bag-ong Tuig Kaninyong tanan (Cebuano Philippines); šťastný nový rok (Czech); Fijne oudejaarsavond (Fine New Year’s Eve) / Gelukkig Nieuwjaar (Happy New Year);  Head uut aastat (Estonian); سال نو مبارک (Farsi); Manigong Bagong Taon (Filipino); Bonne Annee (French); Bliadhna mhath ur (Gaelic Scotland); Grohes Neues Jahr/ Gutes Neues Jahr (German); Καλή χρονιά (Greek); સાલ મુબારક (Gujarati); שָׁנָה טוֹבָה (Hebrew); नये साल की हार्दिक शुभकामनायें (Hindi); Boldog Új Évet / Buék (Hungarian); Athbhliain faoi mhaise dhuit / Bhliain nua sásta (Irish); Buon anno/ Felice anno nuovo (Italian); あけましておめでとうございます (Japanese); 새해 복 많이 받으세요 (Korean); Is Sena-Tajba (Maltese); 新年快乐 (Mandarin Chinese); Kia Hari te tau hou (Maori); Szczęśliwego Nowego Roku (Polish); Feliz Ano Novo (Portuguese); Allin wata kachun qanpaq (singular) / Allin wata kachun qanqunapaq (plural) (Quechua); La Multi Ani (Romanian); С Новым Годом (Russian); Feliz Año Nuevo (Spanish); สวัสดีปีใหม่ (Thai); Mutlu yillar (happy year) / Yeni yiliniz kutlu olsun (May your new year be celebrated) (Turkish); نايا سال مبارک (Urdu); blwyddyn newydd dda (Welsh);

EXPLAINING THE COVID-19 STIMULUS BILL

COVID-19

By: Akanksha A. Panicker

December 21st of 2020 saw the passing of the sequel COVID relief legislation. As part of the Bipartisan-Bicameral Omnibus COVID Relief Deal at the end of the year, with one of the largest stimulus packages in history. The provisions under the same require interpretation, especially since the healthcare industry’s ramifications will be momentous. The 5,593-page 2021 Consolidated Appropriations Act was voted on and approved on December 21, 2020, before congressional leaders took a break for the holidays. However, the relief bill provides some respite to individuals, businesses, and hospitals and is aimed to lighten the economic strain that the pandemic caused. Consequently, the legislation includes  USD 300 per week in additional unemployment benefits, direct payments of USD600 to individuals, USD 330 billion in small business loans, approximately USD 80 billion for schools, and USD 69 billion for vaccine development and deployment.  The relief bill was included as Division N of a larger legislative package that included government funding and other bills.