Do EcoVillages and Other Sustainable Developments Inform UK Housing Concepts?

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Green developments are seen as a way to bypass the local planning process. Private investment in the country around, elastic development still work.

In this era of design and durable construction, it is worrying that the "eco-towns" that were a housing solutions in the UK, unsuccessfully. But to see things in the best ways, concepts impasse green communities could Ideas and Lessons for the types of communities, and it can be built in the near future. The problem was not green building itself, but the process is bureaucratic created by these communities.

In 2007, Gordon Brown had originally proposed ten carbon neutral communities that would be built on the land in the green belt. Ideally, this would be 200,000 new houses, which, of course, are sorely lacking in the UK, in which some one million households waiting for affordable housing delivered.

The idea, in the country of the environment is technically a pie-in-the-sky concept. LEED certified buildings, including houses and construction Passivehaus, with effective energy structures, so that they derive little or no energy from external sources (use of solar energy and geothermal site) become commonplace in Europe and the world. With the power grid construction through the integration of technologies and materials standard developed once, it was increasingly likely that high performance buildings make much better use of resources (energy and building energy function), as in the past.

But something that is good by the manufacturers and experienced investors (such as land manager) to understand is that it uncomfortable and almost impossible in a large-scale development of the entire parachute the community. EcoTowns has not yet been built, and the reasons are mainly due to existing communities were against it - not because they are environmentally friendly, but because they require changes to existing communities -Same. The concept was gradually perceived as a way to bypass the planning authorities, but the authorities reacted.

Two communities are still on the track planning process in the north-west of Bicester (a 382-acre 2600 home site) and the rack of Health (near Norwich), 5,000 new housing units, 30 would comprise percent of which would be affordable. Anyone with the use of renewable energy, waste reduction and efficient management, reduced transport emissions (including public transport, cycling and car-sharing) and the efficient use of water. But at the end of 2014, still under construction.

Planning Below is problematic in England, especially in the new era "localism". Planning authorities are required to increase the supply of housing to meet the high demand, but how and where to be developed with local communities. Thus, the development of the private companies are working used - develop a plan and the necessary infrastructure to improve the community. In general, these are on a smaller scale, in order to minimize disruption and immediate needs, such as provision of housing, then the area to be attractive to employers meet.

However, the goals and tactics of the environment are involved in the development managed by investors smaller. Energy efficient homes are more valuable. Natural green areas, water management, conservation of habitats and healthy living equipment (such as hosting of walking and cycling) continues to be a quality of life experience.

Therefore, the growth is planning capital from private investors is more likely to be successful in the coming years. Work through the prescribed planning process (and better), they can provide appropriate community development available where ecological features are a clear improvement in the local environment. In other words, the durability is not required, the large-scale construction.

Individuals may be involved in these developments as investors, including existing members of these communities; However, before doing so, they should consult an independent financial adviser to determine whether participation in an overall strategy for wealth building.

Knowledge of the Land Fund Manager and the Planning clicking capital growth for details.

How To Introduce Laser-Like Clarity To Your Business Thought Processes

We all have a holistic understanding of certain words. For example, if you find that you have a round shape is the word "circle" is assumed, is not it?

According to Professor Michael Michalko creativity by simply a word or reorganization of the words you change to discuss the problem, you can make a big difference in perspective the problem of people.

Here's an example: Suppose you want to want to increase sales. Let's see how another action word with each statement under the point of view of what is necessary changes:

How can I get sales?
How can I keep sales?
How can I restore the sales?
How could I repeat sales?
How can I inspire sales?
How to sales?

You can see different aspects of the same general topic, we focus on different parts of a big problem. In this case we ask:

How can we more products / services to our existing customers sell?
How can we sell products / services to existing customers?
How can we sell new products / services to existing and new customers?
How can we add other complementary product sales to existing and new customers?
How often we can sell to their existing or new customers?
How can we sell more without losing customers to competitors?

And my favorite - because it's the best way to increase sales:

As we can see the price without losing customers to rise?

The message is clear: If we want to managers, better and faster results, we must seriously consider clear communication. The exact words that we can choose to enable.

Practical suggestion: Why is the directory of the seven sages, with all employees in order to increase the auction house on Friday and ask them not to return Monday with at least one proposal in each area?

Oh, and while the communication problems, careful how you speak to highlight individual words in a sentence.

Believe it or not, the simple twist, you can put a word in a sentence to make a big difference. Try this example and put the emphasis on the word focus.

I did not say she stole the money!

I did not say she stole the money!

I did not say she stole the money!

I did not say she stole the money

I did not say she stole the money!

I did not say she stole the money!

Management - but the one or more words in the absence

- But in the absence of a written word or not

- But not done or not done

That is the difference between gold and sand!

In a long career, business writer, educator and president Damien Parker, who sold booked over 30 companies / manuals, which reported $ 50 million as well as writing and positive business publication Australia's largest and oldest form of paid / Subscription for SMEs / SMIs Business (280 + monthly figures). Give or take, he sent some 130,000 business people, so he knows how closely their questions. Working as a coach, consultant and mentor for this sector, practical solutions and systems, checklists, templates and guidance to ensure all important implementation phase, it focuses successfully.

Questions to keep in mind regarding serviced offices

Companies have never had it so good with the world market; but market factors shaping the business practices of the residual risk and volatility remains high. Search Although the changes occurring at a rapid pace, companies and businesses looking for ways and means should these risks are reduced to a stable and long-term decisions carefully consider, especially when the economy is unstable and the bottom seems likely to fall,

Apartments offer companies the freedom to carry on business practices and business in a safe working environment. Not only for start-ups that are not consumed for this cash and borrowing to maintain desktop infrastructure large and expensive in the long term, but also the company set up to provide services with offices offer a blessing to overhead and additional work area and minimize additional operation.
Thus, offices equipped workstations are ideal for companies for many reasons, some of them can:

• significant need for major offices in a key sector or Central Business District,

• The unpredictability of the evolution of the society in which it may be necessary to move or reduce operations,

• The amount of temporary space during movement plans are on the anvil,

• The time and money spent on facilities management include past, the focus is on the business,

• Current office space is not completely wasted costs or reasonable resources,

• failure to invest in local traditional rental and

• additional space for the purpose of short-term project.

However, it is not as if to say that the office with only the drawbacks at all; They are there, of course, but may or may not affect a company or a business.

Some minor drawbacks are:

• personal brand or type of business Inability extend to rent on the office space,

• Less visibility for companies in a shared office space or building,

• Possibility of common services at key moments,

• Borrowing costs prohibitive for some long-term business relationship if they need frequent expansions or relocations.

Therefore, there are some important factors in the choice of office space; and, if they fulfill the highlights in the first three categories, while retaining the advantages far outweigh the disadvantages.

Equipment and Services

Equipped offices should provide easy and convenient access facilities; In other words, in-house facilities must be on the same grade; other administrative services should be near the office building. It is crucial for services that enable the operation of the office. For example, to support these services are easily accessible.

• Meeting and conference rooms,

• shared technical infrastructure, such as reception, phone card, fax, computer support back-end, etc.

• kitchen and pantry service

• laundry room and bathroom,

• take great restaurants, the need for snacks, meals, etc.

• office supply stores, a post office and a bank,

location

In many cities, stimulated the rapid expansion, growth of buildings and commercial complexes, which are also in suburban areas of the city center and the main shopping streets. Although this is unavoidable, the location of an office is an essential element that contributes to business success.

• Easy access to the site is a must for employees, partners and business travelers.

• A office space in a central location or severe increases the credibility of the company - the employees about their future prospects and business travelers peace of mind to get a good idea.

Business growth and real estate

• All cases are designed for growth and expansion; Therefore, operations must also be taken into account in future growth plans for additional space, staff and infrastructure

• Office space shall be equipped flexibility in lease options which may be granted to the future growth of the business and declines.

Yet Another Reason to Handle Consumer Electronic Consents Correctly

From time to time, clients balk when I describe the components of an effective consumer consent to an electronic transaction.  They say "I've seen lots of other websites, and they don't require this." 

They are correct, in part.  Most websites do not do what I advise my clients to do, because most websites have deficient disclosures and consent language.  Most of the time, these do not result in anything catastrophic.  But that does not make it legal...or smart. 

One aspect of consumer electronic transactions that people question most often is affirmative consent.  They ask whether it is truly necessary to provide detailed disclosures and obtain affirmative consent from consumers when entering into agreements through electronic means.   Affirmative consent means that the consumer expressly agrees to the terms, or "opts in."  An example of affirmative consent is the following:

"By clicking the button labelled 'Accept' below, you agree to the terms and conditions of this Agreement and acknowledge that you have read and understand the disclosures provided above."

Most businesses would generally prefer negative consent, also referred to as "constructive" consent or "opt out."   An example of negative consent is the following:

"By using this website, you are agreeing to these Terms and Conditions."

Obviously, negative consent is easier for businesses to handle than getting affirmative consent.  The question, however, is whether a negative consent is effective for all purposes.

The (federal) E-SIGN Act and the (state) Uniform Electronic Transaction Act require that if any other statute, regulation, or rule requires that a consumer be given a document or disclosure in writing, then in order to for a consumer to effectively agree to receive it in electronic format, the consumer must affirmatively consent after having been given very specific disclosures.  In some circumstances, it may be difficult to identify a specific law requiring a written disclosure in connection with the contemplated transaction.  You may think, "we are not under any legal obligation to give any notices or disclosures to these customers after this transaction."  However, there are a large number of disclosure requirements contained within the millions of pages of law affecting consumer transactions.  Just because you can't think of one off the top of your head doesn't mean none exist.  For this reason, I almost always advise my clients to obtain affirmative consent from consumers for online agreements.

In this post, I'm going to give you a real-world example of a situation in which obtaining a proper consumer electronic consent could save a lot of money:

ABC Corp. (fictional) sells products and services to consumers in North Carolina through its website and the telephone.  It has collected information from tens of thousands of consumers over the past few years, and stores that information on its database on its own server.  Included in the information are the consumers' credit card numbers (so that regular customers will not have to provide all of their information with every order).  The credit card numbers are not encrypted on the database.  ABC Corp. becomes aware of an incident of unauthorized access to its database.  Customer information likely has been accessed, and the available information indicates that the person who accessed the information has nefarious intent. 

Under North Carolina law, ABC Corp. is obligated to notify each consumer of the data security breach.  The North Carolina Identity Theft Protection Act says that ABC Corp. can notify the consumers via email only if the consumer's consent has been properly obtained in accordance with the E-SIGN Act.  If ABC Corp. has records of consumers' email addresses, but has not obtained the proper consent to provide subsequent legally-mandated notices by email, ABC Corp. cannot satisfy its obligations by providing the notice by email.  Instead, the Identity Theft Protection Act requires that the notice be provided in hard copy (if mailing addresses are available).  In this situation, because ABC Corp. has failed to obtain consumer consent in the proper way at the outset, the cost of responding to a subsequent data security breach will be tens of thousands of dollars more as a result printing and postage costs alone. 

This is just one example of the many ways in which handling consumer consent carefully at the start of an electronic relationship with a consumer can pay off for a business later.

Public Service Announcement: "Combatting Financial Exploitation: A New Tool"

Regular readers of this blog know that preventing the financial exploitation of older or disabled folks is something that I am passionate about.  I've written and spoken on the topic frequently over the past couple of years.

This week, I had the privilege to join a distinguished panel of experts for a series of training webinars on combatting financial exploitation of the elderly and disabled.  The webinar was coordinated by the NC Administrative Office of the Courts (specifically, the inimitable Lori Cole), and included representatives of the NC Department of Justice (the ever-risible Raj Premakumar), UNC School of Government (the erudite Aimee Wall), NC Bankers Association (the staid Jan Dillon), and NC Department of Health and Human Services (the passionate triumverate of Nancy Warren, Renae Minor and LeShana Baldwin).  More than 300 participants registered, most of whom were lawyers, judges, clerks of court, financial professionals, and social services officials from all across North Carolina.

Here are a few quotes from participants who contacted us after the webinar to profide feedback:

"Thank you so much for all the great information I received with the combatting financial exploitation webinar class. This will help me to stay up to date with the new change." - an Assistant Clerk of Court

 "Thank you for an informative CLE!" - a County Attorney

 "Thanks for the program and the info!" - a County Attorney

 "The webinar today was a very good introduction." - an Assistant Clerk of Court

 "It was a very good program." - a Social Services Attorney

"The information was very helpful." - an Assistant Clerk of Court

For those who were unable to join us, a copy of the materials from the presentation is available here.

A video of the presentation will be available soon, and I will update this post to include it.

If you encounter circumstances that lead you to suspect the financial exploitation of an older or disabled person, whether in your professional life or your personal life, please report your suspicions appropriately. 

 

 

A Message to New North Carolina Lawyers

The following article was published by the NC Bar Association in The Advocate earlier this month.  If you know any newly-licensed lawyers in North Carolina, I encourage you to share it with them:

Welcome to the YLD

by Matt Cordell, Division Director

Welcome to the Young Lawyers Division, which is affectionately known as the “YLD”! If you are younger than 36 or in your first three years in the practice of law in North Carolina (regardless of your age), you have been inducted automatically into the YLD effective upon joining the North Carolina Bar Association. Make no mistake—despite the fact that admission did not require much effort on your part, YLD membership is something from which you should derive great pride. (Second-career lawyers tend to be eager to call themselves members of the Young Lawyers Division—a feeling you will understand one day if you do not already—but this is not the sort of pride to which I refer.) You have joined the ranks of a dynamic, transformative organization that will ask for your talent and enthusiasm and, in return, give you meaningful experiences, skills, and relationships. The YLD has a tremendous legacy of developing effective young lawyers and serving our communities in powerful ways. In this special issue of The Advocate, we hope to show you how the YLD makes a difference in the world and can make a difference in your career.

The Young Lawyers Division Yields Lasting Dividends
The YLD is the largest division of the NCBA, with 6,500 members. It is also widely acknowledged that the YLD is the most active service arm of the NCBA. It is the source of many of the NCBA’s service initiatives, and has provided an enthusiastic workforce to carry out virtually all of the Association’s service projects—service to our members, our neighbors, and our communities. The YLD’s heritage of service dates back to its founding in 1954 and is the first goal expressed in its mission statement:

To promote the general welfare of the public, advance the professional education and welfare of young lawyers, involve young lawyers in the activities of the NCBA, promote fellowship among all members of the bar, and advance the standards of both the legal profession and the administration of justice. 

On our strong backs rest the responsibility and opportunity to carry out the vital work of the profession for the public good. The YLD has risen to the challenge in many ways, and most of its 21 committees are oriented toward service. From Murphy to Manteo, YLD members are effecting positive change across our state.

The YLD is where the future leaders of the NCBA, the State, and the nation gain valuable leadership experience. This is evident from a brief summary of the accomplishments of the prior YLD chairs:

• Six prior YLD chairs have become presidents of this Association.
• One became president of the ABA.
• Nine became NCBA Section chairs.
• Seven chaired NCBA committees.
• Two became president of the State Bar.
• Two more took the helm of Legal Aid.
• A significant number went on to hold public office.

To underscore the point, note that these accomplishments reflect only the Division Chairperson—one person each year. Scores of other YLD officers and committee chairs honed leadership skills in the YLD that enabled them to accomplish great things later in life.

The YLD is Important for Your Legal Development

Legal publications and the editorial pages of newspapers have recently made common knowledge something we in the profession have known for some time: many law schools do not fully prepare students for the practice of law. As a new lawyer, you need practical experience and opportunities to develop leadership and other skills. These can be acquired in countless ways through the YLD’s many committees. You can watch more experienced lawyers counsel clients, and practice doing so yourself, through Wills for Heroes clinics or Project Grace clinics. You can develop your public speaking skills through any number of committees and events. You also can sharpen your writing by joining for the Newsletter Committee. Take advantage of opportunities to hone a host of additional skills—advocacy, event planning, speaking, or drafting—while making a difference in your community. The YLD is where newly-minted lawyers acquire the skills and experience to lead their communities, organizations, the legal profession, and society.  

This brings me to another significant benefit of YLD involvement: relationships. I have made many great friends through the YLD, and continue to encounter exceptional people each time I participate in a YLD event. If you have not discovered it already, you will learn that relationships matter tremendously in your professional life, just as they do in your personal life. The YLD is a great way to meet the very best young lawyers in the state—young lawyers who are motivated, committed, and service-oriented…and fun to be around. Basically, if you want to make friends with the leaders of the future, it is easy to do. Sign up for a YLD committee or service project. You will be surrounding yourself with some of the best young minds and hearts in this great state. But, as LeVar Burton used to say on Reading Rainbow, “you don’t have to take my word for it.” Give it a try. If you don’t make friends with lots of other bright, friendly, committed young lawyers, we’ll refund your membership fee. (Your first year of NCBA dues have already been waived!)  

Matt Cordell practices in the areas of banking, corporate, and privacy law with Ward and Smith, P.A., and serves as a YLD Division Director. This bar year marks his eighth year as an active member of the YLD. He looks forward to meeting each of you at a YLD event soon.

Bank Holding Companies, It Is Time To Update Your Tax Sharing Agreements

It is time to update tax allocation agreements between bank holding companies and affiliated entities, say the federal regulators.  According to guidance issued this summer, examiners will be looking for updated tax allocation agreements beginning this fall. 

photo by Phillip via on flickr/Foter

Bank holding companies usually own all of the outstanding stock of their depository institutions, which means that the holding companies and their banks are deemed to be "affiliated groups" within the meaning of Section 1504 of the Internal Revenue Code. Accordingly, they often choose to file consolidated federal income tax returns, and in some states, they are required to file consolidated state income tax returns. To address the allocation of the tax liability and the timing of contributions, bank holding companies and their banks are required* to enter into tax allocation agreements.

In 1998, the federal financial institution regulatory agencies jointly issued an Interagency Policy Statement on Income Tax Allocation in a Holding Company Structure ("Interagency Statement") to provide guidance to insured depository institutions and their holding companies and other affiliates regarding the payment of taxes on a consolidated basis. 

In 2014, an addendum to the Interagency Statement became effective.  The addendum was intended to clarify the agencies' existing positions and to add new requirements in light of the FDIC's recent disputes with holding companies of failed banks for which it acted as receiver.  According to the amended guidance, a tax allocation agreement should explicitly address the following issues:

• Calculation of Tax Allocation.  A subsidiary depository institution must compute its income taxes (both current and deferred) on a separate entity basis, regardless of whether the actual returns will be consolidated.  This is done both for purposes of preparing regulatory reports and to ensure the insured depository institution does not pay more than its own share of the tax liability. Certain adjustments that arise in a consolidated return, such as the application of graduated tax rates, may be made to the separate entity calculation as long as they are done consistently and fairly.
• Current Taxes Only.  A bank should not pay its deferred tax liabilities or to its holding company, because the deferred tax account is not a tax liability required to be paid in the current reporting period. The regulators frown on this.
• Timing of Payments to the Holding Company.  Tax payments from a bank to a holding company should never exceed the amount the bank's current tax expense calculated on a separate entity basis, nor should they be made before the bank would have been obligated to pay as a separate entity. The regulators consider any advance payments to be extensions of credit from the bank to the holding company (which are restricted by the Federal Reserve Act and regulations).
• Tax Refunds from the Holding Company.  A bank incurring a loss for tax purposes should record a current income tax benefit and receive a refund--within a reasonable timeframe--from its holding company in an amount no less than the amount the bank would have been entitled to receive as a separate entity.  If the refund is not passed along to the bank within a reasonable period, regulators may consider it either an extension of credit or a dividend.  If, however, on a separate entity basis, the bank would not be entitled to a current refund because it has no carryback benefits available, its holding company can still use the bank's tax loss to reduce the consolidated group's current tax liability. In this situation, the holding company may reimburse the bank for the use of the tax loss.
• Agency Relationship.  Because of recent litigation by the FDIC-R over tax assets, regulators emphasize that one of the most important provisions in a tax allocation agreement is the clear statement of an agency relationship between the bank and holding company.  The agreement should clearly state that a holding company that receives a tax refund from a taxing authority holds the funds as an agent for the subsidiary(ies). 
• Board Approval.  All tax sharing agreements should be approved by the boards of directors of each holding company and insured depository institution in the consolidated group.

The agencies' addendum states that the agencies expect tax sharing agreements to be updated by October 31, 2014 (although it is not a true deadline).  Therefore, bank holding companies should update their tax sharing agreements and obtain board approvals promptly, if they have not already done so.