Setting up a Company

This analysis is centered on legislations on setting up a company, employment legislation, data protection, and intellectual property rights. Under the employment legislation, the focus will be on employee diversity so as to explore the concept.

Setting up a Company

There are certain legislations that must be complied with before a company is set up. This is an idea that has been widely supported by Mike Andrews, who stated in his article the following:

Depending on where you're located and the type of business structure you decide to use, setting up a business may be as easy as simply starting to work, or as difficult as completing a packet of government forms and waiting for their approval and return. However, while considering the difficulty of complying with the various laws for starting a new business, it's most important to choose the form of business structure that best fits your circumstances (Andrews, 2012).

It is important to realise that there are different types of companies: privative limited company, which is limited by shares; private company (limited by guarantee); private unlimited company; Societas Eurpaea (SE); public limited company (PLC); and European Economic Interest Grouping (EEIG). Therefore, the laws governing these companies are also different. Among the articles that must be signed when forming a company are the articles of association and the memorandum of association. However, various countries have different legislations regarding the formation of different companies. For example, Mike Andrews explored various legislations regarding limited liability companies, as evidenced by the following quotation:

The limited liability corporation (or "LLC") enjoys a special IRS status, again pertaining to how taxes are calculated and paid, liability limitations and the numbers and types of shareholders permitted under the law. However, for the purposes of setting up a business as an LLC, the filing requirements remain the same as for all corporations: Articles of Incorporation and Fictitious Name Registrations must be filed, and the state Department of Taxation must be notified so the business can collect sales tax (if any) and pay state or local taxes (Andrews, 2012).

Employment Legislation

In dealing with the dilemma of employment legislation, it is important to address the issues of diversity, and the company must make sure that every employee was treated with dignity and respect regardless of one’s disability, race, and sex. In addition, the company ought to eliminate any form of discrimination, harassment, and bullying of stakeholders. For example, unwelcome gestures, physical contact, and remarks must be prohibited. Moreover, within the company precinct or the website, no one is to be allowed to circulate or show offensive materials, which include sexual pictures and defamation messages using the Internet or other forms (InterSystems Corporation, 2012).

Furthermore, the company should not allow physical and verbal threat or/and abuse of the employees and customers. These are some of the measures which make the employees comfortable in working with the company. Through such practices, the employees perceive the company as a fulfilling and pleasant environment, free from all forms of discrimination, harassment, and inflammatory remarks. Moreover, the employees should be given better salary and wages based on responsibility, experience, competence, and quality of output delivered. This is a way of making sure that the customer service matches the ethical standards and corporate compliance. This means that in the working environment, every person with unique ideas, abilities, and strength is included in achieving a competitive edge over other companies.

In a company, the best ethical practice is the respect for diversity, including clients, business partners, and the workforce. This relates to the ethical theory of virtue and treating all employees the way someone would like to be treated. Through promoting an all inclusive environment, this goes beyond utilitarianism theory, which is for the greater good. The company makes sure that all people they interact with are treated in a non-discriminatory manner. The uniqueness of every person is appreciated, and their strengths are utilised for the mutual benefit of the company, employees, and other stakeholders. This is a sure way of making the company competitive in the market while complying with the established legislative frameworks.

Data Protection

After a long research on threats to data security, a company ought to be determined to provide reliable solution to this developing technological problem. The company must work closely with SQL server databases and information security regulatory bodies to provide data security to computer and other system’s users (InterSystems Corporation, 2012). During the study, the company ought to discover that Caché has higher performance that is required; thus, it is regarded as the best foundation for developing the data security software (InterSystems Corporation, 2012). The aim is to save most businesses from collapse due to loss of crucial data in this digital era.  

A company must make tremendous efforts in developing a unique approach of making the information stored safely (Mathis & Jackson, 2011). The company should develop high-performance software for recovering the data in case of urgent loss (Mathis & Jackson, 2011). Besides, the software can store information as long as the user needs it, thereby keeping the data safe for future use. Indeed, the security measure or device helps many corporate users to avail the data needed (Mathis & Jackson, 2011).

The innovative storage and encryption technology that the set up company should develop ought to combine effectively with other world-class security Cachés (Mathis & Jackson, 2011). Apparently, the Common Criteria Certification of the software should support its ability to combine with other securities. This increases the users’ confidence that the data they are using remain safe even if the applicable network experiences inevitable compromises.

Intellectual Property Rights

These include the copyrights, designs, patents, and trade marks. The problem of intellectual property in the company is another ethical dilemma that it has to consider. Mostly, a person’s expertise, skills, and knowledge are the intellectual property that the company has to respect and preserve for its stability, growth, and development. Notably, such valuable information acquired from the company belongs to it, while the stakeholder transacts businesses with the company.  Concerning the issue of intellectual property, it can be emphasized that the organisation must store data outside the reach of unauthorised people, clearly marking them confidential. In addition, no one should be allowed to discuss the information regarded as the company secrets. Absolutely, this would make sure that the information does not leak to the unintended people. Thus, it would result in the greatest amount of good for the greatest amount of people affected by the action, as the utilitarianism ethical theory suggests.

Under the intervention mechanism, the company applies the social contact theory in making sure that the stakeholders uphold morality and confidentiality in dealing with private information. Notably, there are specific legislative policy guidelines, which the company must formulate to deal with cases of information leakages (Mathis & Jackson, 2011).

In conclusion, the company must spell out the explicit rules that the workforce, business partners, and customers should apply to one another. However, the rules ought to be rationally accepted because they should aim at making sure that each party engaged in any transaction with the company gets mutual benefit from the interaction. For example, in a public limited company (PLC), each employee or stakeholder is to be treated equally and with dignity in accordance with the ethical baseline of their operation.