April 2006
BITS AND PIECES Internet Shopping The explosion of Internet services has produced opportunities for people to offer goods for sale. Persons who shop on the Internet market and auction sites should be aware of some practical realities. In most cases the operator of the site is not responsible for truthfulness or reliability of persons who offer goods for sale on the sites. It may be very difficult to locate the seller of the goods if the goods are of inferior quality or are not delivered at all. Even if the seller is located, the seller may be any place in the world making it difficult if not impossible to pursue legal action against the seller. It may be difficult to prove the goods were ordered or that they were of inferior quality once one has made the order or received the goods and the order is no longer available on the website. The vast majority of Internet marketers may be legitimate and honest, but Internet shopping is indeed a marketplace where "buyer beware"is an applicable principal. Have a Trade Name - Cost $1.00 Until May 31, 2006, individuals and general partnerships have registered trade names with the Colorado Department of Revenue. All other entities have filed with the Colorado Secretary of State. On May 31, all trade names will be filed with the Colorado Secretary of State. The projected filing fee, which is subject to change, will be $1.00. Records of all trade names previously filed with the Colorado Department of Revenue will be transferred to the Colorado Secretary of State database and searches can be made there. The Secretary of State’s office has stated: "Trade names will no longer be distinguishable from entity names in the records of the Secretary of State. Trade name filings provide the public with a means of determining with whom they are doing business. If there is more than one record with the same trade name, the information provided in the Statement of Trade Name should provide adequate information to distinguish between the businesses." Trade names can be searched on line at the Secretary of State’s website www.sos.state.co.us. Employers Beware The U.S. Equal Employment Opportunity Commission (EEOC) will place greater emphasis and resources on "high-impact" discrimination cases. EEOC plans "systematic litigation" meaning cases involving issues with multiple plaintiffs (similar to private class actions) where there has been systematic discrimination. EEOC will determine what cases deserve high priority and devote significant resources to them. This is not to detract from pursuit of individual cases. It may mean more minor cases will be left to private litigation. Secretary of State Seeks Input on Uniform Commercial Code Filings and Record Searches If a bill before the Colorado legislature passes, the Colorado Secretary of State will undertake a revamping of systems for filing and searching records relating to Uniform Commercial Code financing statements for personal property and Effective Financing States for agricultural products. The Business Division of the Secretary’s office hopes to have input from persons interested in filing and searching for security interests (liens) against personal property regarding problems they have had with the system in the past. Jim Dean of our office is a member of an advisory committee to the Secretary of State. Comments may be e-mailed to him at jim@lawatddp.com.
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