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| Civil
Union LLC (tm) |
| The
state of Vermont has joined a number of European countries in
fashioning a system for gay couples which attempts to
duplicate marriage. Vermont's system is called civil unions,
in France it's PACS, it's registered partnerships in
Scandinavia.
What most of these systems have
in common is that
(a) they clearly establish that the relationship is an
intimate/sexual one; (b) they, more or less, duplicate
marriage by making each partner liable for the welfare of the
other partner; and; (c) these systems are all basically not
recognized outside of the state or Country which created the
statutes. Based on the information we have, Vermont's civil
union law has the most severe dissolution requirement in that
the couples are required to engage in a formal divorce style
proceeding in court in order to dissolve the civil union.
The advantages of a
Relationship LLC (TM) over the above mentioned systems are that: (a) the parties
in a Relationship LLC are NOT
declaring a sexual relationship; (b) the parties in a
Relationship LLC can decide
how much and what resources they wish to share WITHOUT making
themselves totally liable for each other's welfare; and (c)
the Relationship LLC can be dissolved without a divorce-style
proceeding in court.
By creating a civil union in Vermont, a
domestic partnership in California or by making use of some of
the other partnership statues in other countries, partners
have already forfeited the opportunity to limit their
liability for each other's welfare and to NOT publicly declare a sexual relationship.
However, it is still possible for such parties to make use of
LLC law to achieve recognition of their relationships
worldwide and to engage in business with limited liability.
A couple in a civil
union can be regarded as married, since this was in fact the
intent of the law. As a result, a couple in a Civil Union LLC
(tm) would be able to achieve the same benefits and advantages
that married couples receive from Family LLCs.
"Since the same
sex marriage issue emerged courts and commentators have
considered the various incidents of marriage that recognition
of same sex marriage might entail. As the Vermont supreme
court said in Baker, "the marriage laws transform a
private agreement into a source of significant public benefits
and protections." However, marriage is more contractible
than might first appear. ...
All of the above
categories except numbers 1, 2, 12, 13 and 14 are generally
comparable to contractual rights, even if not strictly
controlled by contract under current law. As discussed above
regarding covenant marriage, the spouses can broadly contract
for divorce rights, including spousal support, property
division and liquidated damages, and might even be able to
affect custody by contract. They can, of course, sue to
enforce these rights. They can also contract for many
inheritance rights or obviate these rights by inter vivos
gifts. Although they may not get an automatic name change from
marriage, they can petition for change of name. Finally, in
addition to these rights are others explicitly available by
contract, including employee benefits such as group
insurance." From "Calling A Truce In The
Marriage Wars" F.H. Buckley & Larry E. Ribstein, Page
41 C. Unbundling Marriage
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| Ultimate
Pass Through Entity |
| People
engaged in Computer Consulting and working as Independent
Consultants know that there are many organizations claiming to
function as low cost Pass Through Entities.
The LLC is the ultimate
NO COST pass through entity. With your own LLC, you OWN the
contracts you get. This site provides resources for creating
and managing the Free Agent LLC (tm) (Free Agent LLP (tm)) and also provides an
interactive directory of temp agencies and consulting firms
specializing in information technology .
With a limited
liability company, computer consultants, programmers and other
IT professionals can also compete for outsourcing deals and
contracts.
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The Relationship LLC (TM)
|
 Now There Is A
New Way To Tie The Knot. It is our position that limited liability companies,
"LLCs", may prove to be the new marriage model. Marriage is presently available
only to one man and one woman. LLCs are available to everyone, couples (of any sexual mix)
who wish to pursue life together, a single parent family and groups of friends. Marriage
is based on family law, limited liability companies are based on partnership law and the
legal arrangement its "members" agree to.
 Relationship LLC (RLLC™) is a mark we
created to refer to limited liability companies created by people who generally are not
married but who want a legally recognized relationship between them. A relationship which
would be a legal entity that could buy property, provide health insurance to its members,
obtain credit cards, serve as the
couple's consulting company (Put Your
Relationship LLC To Work), lease a
car, file a tax return as a partnership and in general, engage in any legitimate
business. Delaware Law also permits one person to create a LLC, i.e., single member LLCs. It is
logical to expect that a group or a family would form a Posse LLC (tm) to further the
collective welfare and interests of the group. Posse LLC is the
mark we created to refer to social and professional associations formalized under LLC law.
Relationship LLCs , by
definition, cannot be created in an attempt to "legitimize" or obtain
"state recognition of" a sexual arrangement (Gay or Straight) and cannot be used
for an illegal, immoral, or unethical purpose.
 Reportedly, half of all
conventional marriages will end in divorce. Several states are investigating ways of
making marriages more stable. Some of the remedies being investigated are
counseling before marriage and marriage contracts which do not allow for divorce. It is our position that the way to strengthen marriage is to
eliminate SEX as a component of the contract, the parties contracting should be able to
handle sex without the state's assistance. There is no real need for the state to be
in the business of promoting contracts for sex. There is clearly a benefit to be
gained from the state promoting responsibility and stable relationships between people who
care about each other, there is also a benefit to be gained from NOT having the welfare of
children at the mercy of the current institution of marriage.
We feel it is important to point out that children are NOT
parties to the marriage contract. MARRIAGE, therefore, is not synonymous with
FAMILY. With LLCs, children may be parties (i.e members) of the LLC, and the LLC,
which is composed of all members of the family and all assets in common, may survive
intact the break-up of the marriage between the mother and the father.
Invoking the feminist writer Martha
Fineman, American University law professor Nancy Polikoff argues that organizing society
around sexually connected people is wrong; the more central units are dependents and their
caretakers." Fenton Johnson, Wedded To An Illusion, Harpers November 1996.
In Arabia at the time of Mohammed, the
word for marriage was Nikah, which literally meant sexual intercourse. In the Koran it was
also used to mean a contract. Marriage thus was conceived of as a contract for
sexual intercourse. (Fustel de Coulanges 1973, 89-90, 107; Bullough 1974, 67,
141; Snodgrass 1980, 79)." Comparative Family
Systems", The Course Sociology/Anthropology 495, by Dr. Judy Maynard
The Delaware Strategy. Delaware is the Official Home
of Relationship LLCs. With all RLLCs being formed in Delaware, we believe that it would be
possible to standardize tax and legal information and provide for support which all may be
able to share at a much reduced cost. Delaware is The Corporate
Choice
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The Limited Liability Company
The
Limited Liability Company (LLC)" is an exciting new
business structure that has the pass-through tax benefit of a
partnership and the "limited liability" protection
of a corporation. We believe that the LLC will revolutionize
relationships (see Relationship LLC) and the workplace.
Limited Liability Companies are not taxed
when classified as a partnership, rather the members pay tax, at the personal income rate,
on the money which they receive from the limited liability company. An LLC can be viewed
as a partnership which has the advantage of a corporation in that the members/partners are
not liable for the debts of the LLC, nor are they liable to each other.
LLCs are recognized by all fifty
states, the federal government and internationally.
"The origin of this
relatively new institution is generally attributed to the German Law of 1892, authorizing
the Gesellschaft mit beschrnkter Haftung...Once established in Germany, the concept of the
LLC had a very active and fast growth... Within a short period of time after enactment in
Germany, the following countries joined the limited liability bandwagon: Portugal (1917);
Brazil (1919); Chile (1923); France (1925); Turkey (1926); Cuba (1929); Argentina (1932);
Uruguay (1933); Mexico (1934); Belgium (1935); Switzerland (1936); Italy (1936); Peru
(1936); Columbia (1937); Costa Rica (1942); Guatemala (1942); and Honduras (1950). 13 Univ
Pitt L Rev 193 (1952)."
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US Relationship Business Entities (tm) |
| Family Limited Partnerships
(FLPs) and Family Limited Liability Companies (FLLCs) are estate planning tools which have
been used by tax attorneys and estate planners to lessen the tax exposure of high income
married couples. These tools are significantly different from Relationship LLCs
(which are intended to be new startup businesses for generating income). The FLPs
and FLLCs involve having the members/partners transfer significant assets to these family
business structures, a practice which we do not recommend for Relationship LLCs. There are complex tax and legal issues related to assets of married
couples with children and their being in a partnership or LLC together. This is why
most authorities argue that an attorney is needed; further it may cost thousands of
dollars to have such business entities created properly. On the other hand, a
Relationship LLC is simply a startup with only "seed" funds invested in it, it
is much simpler than a FLLC, and in the event the RLLC is dissolved only the
"seed" money is "at risk". Many people create startup businesses
without an attorney. CLICK
HERE for Graphic of FLLC V RLLC.
The terms "Family Limited Partnerships",
"FLPs", "Family Limited Liability Companies" and "FLLCs"
have been used for many years by tax attorneys and estate planners and are believed by us
to be public domain (we have, however, copyrighted material using these terms). We are
building a web site devoted to married couples who remain interested in FLLCs and
FLPs,
the site is FLLC.NET (TM). CLICK HERE
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|
Domestic Partners Under LLC Law |
| It
is possible to use a "common law" LLC as a do it
yourself domesticpartners program.
In the U.S., each state
and the District of Columbia has created LLC law. People are
entitled to create LLC operating agreements and formation
papers and file those papers with the state. This is the
formal LLC formation procedure setforth by the states.
In order to determine
if a Relationship LLC is right for you and your partner(s),
you can follow all of your state's requirement for creating a
LLC except for the final step of filing the formation papers
with the state. Relationship, L.L.C. will recognize your
relationship as a LLC. This is Relationship LLC's Domestic
Partners Program (tm). Your relationship may purchase a vanity
email address to the Domestic Partners.Net domain name and
join Relationship LLC's Synetergy Network (tm), an affiliate
program for people who do not want to manage their own
Synetergistic web sites. Of course, you may elect to create
and manage your own free commercial web site making use of
Synetergy (tm), most affiliate networks do not require that
you be a registered business nor have a business tax id.
It is our hope that,
after experiencing what it is like to be in and manage a
Relationship LLC, you will file your formation papers with
your state within one year of the date you create your
formation papers. This program is a product of our religious
beliefs and is intended to promote social order by (a)
supporting conventional marriage as a non-discriminatory
contract between one man and one woman; and (b) by providing
persons who choose not to (or who are unable to) marry with a
method of obtaining the same rights and benefits as married
couples.
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|
Infrastructuring (tm) |
|
Employers have many
labor options available to them. Employers may hire employees
directly as "permanent" at-will employees,
employee-leasing, use temporary and contract labor and
outsource functions entirely. We believe that outsourcing work
to an in-house independent employee-owned labor pool or
Support LLC (tm) is the best possible labor solution. In
addition, by way of an equity stake in the Support LLC, your
company can have a shared investment in the success of this
independent labor pool and achieve additional cost
savings.
So called
"permanent" employment is legally classified as
Employment-At-Will. Legally this means that the employment
contract can be terminated at any time by either party for any
reason (more or less). In other words "permanent"
employment is minute to minute (or second to second) and there
is no contractual guarantee or implication of a long term
relationship by either the employer or the employee.
The Republican Party
has made it its mission in life to preserve employment-at-will
and to protect the employer's right to fire employees-at-will
at any time for any reason; the federal government only
requires that if an employer is going to fire a lot of
employees-at-will, that it give legal notice in advance. As
far as we know, every Court in the country has refused to
allow statements in employment handbooks and/or oral promises
by the employer to be used to transform employment-at-will
into employment for a specified duration (i.e to transform the
employment relationship from being at-will into the employment
being a property interest).
You are not an employee
at will if you have a contract to work for a specified
duration or you are a government worker. In these types of
employment, your job is considered a property interest. What
this means is that your job is property (something you own)
and therefore your job cannot be taken away unless your
employer first accords you due process of law.
Temps are
employees-at-will just like "permanent" employees,
both types of employment are minute to minute and there is no
implied guarantee of long-term employment. Permanent employees
are merely suffering from a grand delusion, whereas Temps know
that they may not have a job tomorrow. Health benefits,
retirement, etc. are merely part of the compensation (and
should be taxed as such). I doubt that anyone would say that a
permanent secretary making $12.00 per hour with benefits is
better off than a temp making $50.00 per hour with no
benefits. The fact is that Temps and Consultants are
subsidizing "permanent" employees because
"permanent" employees get compensated in the form of
employment benefits which aren't taxed.
An employer on Long
Island once promised to pay new hires $5,000 a year as a
signing bonus. The $5,000 was to be reduced by a certain
percentage a year until it became zero. It was argued in court
by a discharged employee that it would have taken more than
200+ years for that $5,000 to become zero and that therefore
the employment relationship was not "at-will", i.e.
that the employment was for a specified duration and a
"property interest". A federal judge refused to
allow this argument and held that even with the promise of
compensation for 200+ years, the employment was still at-will. This
is typical of courts in the US, employment-at-will is a US
institution, it is sealed in stone and the US is the only
major industrialized county in which the majority of workers
are employees at will.
Employment for the
majority of workers in the US is government by their state's
Master Servant Clause. The Master Servant Clause holds that
employment, unless contractually stipulated to otherwise by
the parties in a written contract, is At-Will and that the employment contract may
be terminated at any time for any reason by either party.
As a result, the
unemployment rate in the United States could technically be
nearly 100% in 90 days because there is no legal barrier to
employers firing all at-will employees if they choose to.
Clearly, Employment-At Will Is A Threat To The National
Security Interest of The United States.
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The
EmployeeLess (tm) Firm |
| Employers
have many labor options available to them. Employers may: (a)
hire employees directly as "permanent" at-will
employees;(b) employers may use employee-leasing services; (c)
employers may use temporary and contract labor;and (d)outsource
functions entirely.
We believe that
outsourcing work to an in-house independent employee-owned
labor pool or Support LLC (tm) is the best possible labor
solution available today. In addition, by way of an equity
stake in the Support LLC, your company can have a shared
investment in the success of this independent labor pool and
achieve additional cost savings .
Relationship, L.L.C.
proposes to create, staff and train employee-owned LLCs that
would be able to operate as Support LLCs (tm) within your
company. For example, mail room functions, copy centers, word
processing and graphic centers and entire IT Departments may
be outsourced to employee-owned Support LLCs and function as
independent businesses / stores within your organization. This
service is currently available in New York City only.
Contact info: Marion
Paige, marionpaige@ureach.com voice mail 1-877-550-6637 or at webmaster@tempcity.net
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