Commerce Actualizations Act
Commerce Actualizations Act
Preamble
A bill for the repeal and replacement of the Organizations Registry Act.
Whereas there has been little to no codification of governmentally accepted regulation, business registration, or business practice;
Whereas the codification of regulations pertaining to business protects owners, employees, and consumers;
Whereas in the implementation of new economic policies the government must remain as transparent and honest as possible with the public;
Whereas the nation must have consistent and up to date information on the state of the working class and economy;
Whereas a bureau to oversee and manage economic data is prudent in a growing and thriving democracy;
As the population of SimDemocracy grows, if more thought and care is not put into how to best manage the job market and economy overall, not only will the economy fail to ever fully take-off, but the citizens of SimDemocracy will become more and more dissatisfied with their time spent in our democracy. In accordance with these concerns the Commerce Actualizations Act will provide the backbone for a strong and ever-expanding economy.
Article 1: Definitions
§1. “BoCS” shall refer to the Bureau of Commerce Statistics.
§2. “BD” shall refer to the Business Division of the Bureau of Commerce Statistics
§3. “Applicant” shall refer to any person who applies to the Business Division for a business license or non-profit license.
§4. “Primary market” shall refer to any market that facilitates trade between persons or firms which either produce or extract resources in order for either internal use or external sale.
§5. “Secondary market” shall refer to a market pertaining to the engagement of any services provided which do not involve the direct sale of goods, resources, products, or tertiary market items as defined in §6.
§6. “Tertiary market” shall refer to any market pertaining to the trade or sale of derivative assets or securities, speculative assets or securities, or generalized ownership or securities.
§7. “Predominant purpose” shall refer to the majority purpose of any single transaction which includes two or more markets in such a transaction.
§8. “Non-profit” refers to any business or organization which does not have stockholders, has an established charitable cause, and who’s purpose isn’t to make profit.
§9. “For profit” refers to any business which has stockholders and holds an express or implicit purpose to generate profit in the interest of the maximization of stockholder values.
§10. “Charitable cause” refers to any cause which assists persons in poverty, and/or material or monetary need.
§11. “Offeror” refers to any person who presents an offer to another party.
§12. “Offeree” refers to any person who receives an offer from an offeror.
§13. “Offer” refers to the promise to do, provide, or not do something by a single offeror to a single offeree.
§14. “Acceptance” refers to the offeree’s unconditional agreement to the offer.
§15. “Consideration” refers to the promise which encourages the offeree to accept the offeror’s offer.
§16. “Legality” refers to the offer’s compliance with SimDemocracy law.
§17. “Capacity” refers to the sound and mature mind of the offeror and/or offeree.
§18. “Good” shall refer to any item that is tangible and movable at the time of sale.
§19. “Non-profit” shall refer to a business dedicated to public good, designed and obligated to reinvest all net earnings back into the company for maintenance of assets.
§20. “For-profit”shall refer to a business dedicated and obligated to earning revenue for owners and stakeholders.
§21. “Registry” shall refer to the collection of data which is originated by the Division of Business and kept by the Division of Records.
Article 2: Formation of the Bureau and Its Divisions
§1. A new agency shall be formed, named the Bureau of Commerce Statistics.
Repealed[1] §2. The head of the Bureau of Commerce Statistics will be the newly created Deputy Secretary of Economy.
§2. A new position shall be created, called the BoCS Director.[1]
Repealed[1]
- §2.1. The Deputy Secretary of Economy will report directly to the Secretary of Economy unless instructed otherwise by said Secretary.
- §2.1. The BoCS Director will report directly to the Secretary of Treasury unless instructed otherwise by said Secretary.[1]
- §2.2. The head of the Bureau of Commerce Statistics will be the BoCS Director.[1]
§3. The Bureau of Commerce Statistics shall hold within it two divisions: one Division of Business, and one Division of Records.
Repealed[1]
- §3.1. Each division shall have a Division Director, nominated by either the President, the Secretary of Economy, or the Deputy Secretary of Economy then confirmed by the Senate.
- §3.1. Each division shall have a Division Director, nominated by either the President or the Secretary of Treasury.[1]
- §3.2. The BoCS Director shall be nominated by the Director of Treasury and then confirmed by the Senate.[1]
Article 3: Functions of the Bureau
§1. The bureau will keep records of all businesses, their ownership, employee records, and pay rates.
- §1.1. The bureau will obtain this information via the Division of Business which will review all business license applications required in Article 4.
Repealed[1] §2. The Deputy Secretary of Economy will be updated by the relevant staffers within the bureau on all aspects of the job market and general economy.
- §2.1. The Secretary of Economy will use the information and data learned in these briefings to inform the President on a consistent basis of the health of the working class and economy so they may make informed decisions meant to benefit the citizens.
§2. The BoCS Director will be updated by the relevant staffers within the bureau on all aspects of the job market and general economy.[1]
- §2.1. The Secretary of Treasury will use the information and data learned in these briefings to inform the President on a consistent basis of the health of the working class and economy so they may make informed decisions meant to benefit the citizens.[1]
§3. The Bureau of Commerce Statistics shall create and maintain a robust and easily updatable list of business data, able to be easily transferred and migrated.
Repealed[1]
- §3.1. The Deputy Secretary of Economy shall determine and employ the best method to perform this data collection and updating, given that all BoCS data will be accessible through the r/SimDemocracy subreddit or SimDemocracy wiki.
§4. The BoCS will be mandated to provide the Senate with quarterly updates outlining the bureau's regulatory activities and compliance efforts.
Article 4: Division of Business
§1. The primary mission of the Division of Business shall be to collect and maintain the business records required by the state for all legal businesses.
- §1.1. The Division of Business shall achieve this mission by working closely with both new and current business owners. This shall occur to create a better understanding and greater transparency for the public of how to start and run a business legally in SimDemocracy.
- §1.2. The Division of Business will also work closely with the Senate in regards to legislation that may have an effect on how businesses are regulated, formed, or kept track of.
Article 5: Division of Records
§1. All information collected by the Division of Business will be immediately shared with the Division of Records so the information may be archived in the National Archives.
Repealed[1]
§2. The Secretary of Economy may decide which way is best to store the information collected by the Division of Business in Article 6 §1.1 for departmental purposes.§2. The Secretary of Treasury may decide which way is best to store the information collected by the Division of Business in Article VI §1.1 for departmental purposes.[1]
§3. The registry used to store data may be referred to as the Registry.
Article 6: Business Registration
Repealed[1]
§1. Any person wishing to create a new business after the enactment of this Act shall apply for a business license through the appropriate channel, as reasonably determined by the Secretary of Economy or another appropriate body (e.g. President, Chief of Staff).§1. Any person wishing to create a new business after the enactment of this Act shall apply for a business license through the appropriate channel, as reasonably determined by the Secretary of Treasury or another appropriate body (e.g. President, Chief of Staff).[1]
- §1.1. In the application for a business license, such a person as defined in §1 of this article shall answer the following questions:
- 1. What is the name of your business?
- 2. If the business plans to have employees, and if so how many does it currently have on staff
- 3. Who is/are the legal owner(s) of this business? Please list the ownership percentages of all owners.
- 4. What is a short description of your business?
- 5. Please provide a pay schedule for all employee positions, current or future.
- 6. Is your entity a non-profit or for-profit organization?
- §1.2. Upon approval of any business for appropriate license, the Division of Business shall assign a Business Identification Pin (BIP) to the approved business and either its owner or the owner’s assigned representative.
- . § 1.2.1 The BIP shall be unique to every single business registration and shall be tracked alongside all data respective to the business that the applicant applies for.
- §1.3. The Division of Business shall in addition classify each business as either a participant in the primary, secondary, or tertiary markets; or the business must be classified as mixed.
- . § 1.3.1 If the business is classified as mixed, then the Division of Business must specify which markets the business jointly operates in.
§2. The Division of Business must approve every business license application that:
- Answers all questions in section 1.1 of this article,
- Adequately achieves its requested-for statuses, as provided for in Article 5, and
- Performs activities deemed to be legal in SimDemocracy.
- §2.1. If the Division of Business denies license approval to a license applicant, then the Division of Business must provide reasons for denial to the applicant, as required by Article 5.
§3. Every business which already existed prior to this Act shall have thirty (30) days to register the information listed in Article 4 §1.1 with the Bureau of Commerce Statistics.
- §3.1. If a business which already existed prior to this Act does not comply with §3, then it shall be considered dissolved and all accounts, property, and ownership held in such businesses shall be considered valueless.
- §3.2. Any affected business(es), owner(s) of such business(es), or duly appointed and empowered representative(s) of such business(es) may appeal this decision in an appropriate SimDemocracy court of law at any time after this bill becomes effective.
Article 7: Business Designation Requirements
§1. All businesses shall be labeled as for profit upon incorporation, unless it meets the requirements outlined in §2 of this article.
§2. Any business attempting to be designated as non-profit shall provide the following documentation to the Bureau of Commerce Statistics:
- Articles of Incorporation which clearly outline the business’s socially beneficial purpose and the business’s inability to hold or sell its own stock, and
- An affidavit, signed by either the business owner or owner’s representative about the primary purpose and goal of the applied-for non-profit organization.
Repealed[1]
- §2.1. Upon submission of such requisite documentation, the Business Division and Department of Economy shall grant the submitting business non-profit status.
Article 8: Changes in Business Information Requirements
§1. In the event that any information required to register a business changes, either the owner or owner’s assigned representative must present these changes to the Division of Business within seven (7) days of the change(s) taking place.
§2. Any violation of section §1 of this article may be punishable by a fine.
- §2.1. Fines shall be assessed in proportion to both the severity of the violation and the financial capacity of the business involved.
§3. Any fine may be appealed in a court of law as determined by Article 15 of the SimDemocracy Constitution.
Article 9: Contracts
§1. A contract shall comprise the following four elements: offer and acceptance, consideration, capacity, and legality.
§2. The offer is always the first promise in a contract negotiation.
- §2.1. An offeree’s change to the offeror’s offer makes the offeree the new offeror, and vice versa.
§3. If the offeror offers consideration which, in substance, illicitly contradicts SimDemocracy law, then legality shall not be achieved.
§4. Contracts may be written or verbal.
Article 10: Repeal of the Organizations Registry Act
§1. The legislation named the Organizations Registry Act shall hereby be repealed.
§2. This Act shall replace the Organizations Registry Act.
Article 11: Implementation
§1. This Act shall take effect immediately after passage.
Repealed[1] §2. Any change to the Registry without the Deputy Secretary of Economy’s approval is hereby illegal and may result in a criminal investigation of the Deputy Secretary of the Economy or any other individual responsible for the change.
§3. Any false or misleading information in the Registry approved by the Deputy Secretary of the Economy may result in a criminal investigation of the Deputy Secretary of Economy.
§4. Any purposeful falsification of information in the Registry by one or more of the employees or officers of the Department of Economy is hereby illegal and shall result in a criminal lawsuit against said employees or officers.§2. Any change to the Registry without the BoCS Director’s approval is hereby illegal and may result in a criminal investigation of the BoCS Director or any other individual responsible for the change.[1]
§3. Any false or misleading information in the Registry approved by the BoCS Director may result in a criminal investigation of the BoCS Director.[1]
§4. Any purposeful falsification of information in the Registry by one or more of the employees or officers of the Department of Treasury is hereby illegal and shall result in a criminal lawsuit against said employees or officers.[1]
