How to secure one's effort when working on a contract?
"Anytime you do work without any payment until the work is complete, you are effectively extending credit to the party receiving your service. How much credit you are willing to extend will vary greatly, depending on the amount and the trustworthiness of the party. For example, if you are charging $50 for something, you probably won't bother to collect money upfront, whereas if you are charging $5,000 you probably would collect some upfront. But if the party you are working for is a large financially sound company, the number may be even much higher than $5K as you can trust you will be paid. Obviously there are many factors that go into how much credit you are willing to extend to your customer. (This is why credit reports exist for banks to determine how much credit to extend to you.) As for the specific case you are asking about, which may be classified as a decent amount of work for a small business, I would default to having a written scope of work, a place in the document for both parties to sign, and specify 50% upfront payment and 50% payment at completion. When you receive the signed document and the upfront payment (and possibly even after the check clears), you begin work. I would call this my ""default contract"" and adjust according to your needs depending on the size of the job and the trustworthiness of the customer. As for your question about how to deposit the check, that depends on what type of entity you are. If you are a sole proprietor you should ask for the checks to be made out to you. If you are a business then the checks should be made out to your business name. You don't need ""in trust"" or anything similar because your customer, after paying the upfront fee, must trust that you will do the work you promise to do, just like you have to trust that after completing the work you will receive the final payment. This is the reason the default is 50% before and after. Both parties are risking (roughly) the same amount. Tip: having done the ""default"" contract many times in my career, both as a sole proprietor and a business owner, I can assure you there is a big difference between a potential customer agreeing to something in advance, and actually writing a check. The upfront payment definitely helps weed out those that were never going to end up paying you, even if their intentions were good. Tip 2: be as specific as possible as to what the scope of work will include. If you don't, particularly with software, they'll be adding feature after feature and expecting it to be ""included""." I don't think you need to bother with trust accounts.  The point of a trust account is holding funds that aren't yours yet.  You take a retainer fee that you have yet to earn.  As you work, you bill your hourly rate, your client signs off and you take possession of the funds.   You're going to work a project, you'll take a partial payment as a deposit and partial payment upon completion.  But this is a payment to you, not money transferred to you to hold until you earn it at a later date. Your contract can specify remedies for missing a deadline, or any other thing that could happen.
"As Dheer pointed out, Wikipedia has a good definition of what a negotiable instrument is.  A security is an instrument or certificate that signifies an ownership interest in something tangible. 1 share of IBM represents some small fraction of a company. You always have the ability to choose a price you are willing to pay -- which may or may not be the price that you get. A derivative is a level of abstraction linked by a contract to a security... if you purchase a ""Put"" contract on IBM stock, you have a contractural right to sell IBM shares at a specific price on a specific date. When you ""own"" a derivative, you own a contract -- not the actual security." I think it might come down to the contract itself. In many states in the US an employer cannot block you from practicing your trade to make a living. In many jurisdictions contract clauses that are designed to prevent you from working in your trade area are generally void and unenforceable however in cases like this only a trip in front of a judge will fix it.   What I find interesting about this, is that depending on the details, Sony might have a hard time finding another spokesman in the future. I would imagine most actors would steer clear of that spot in the future if this is how Sony is going to react when they try to get new work. "I'm adding to @Dilip's basic answer, to cover the additional points in your question.  I'll assume you are referring to publicly traded stock options, such as those found on the CBOE, and not an option contract entered into privately between two specific counterparties (e.g. as in an employer stock option plan). Since you are not obligated to exercise a call option you purchased on the market, you don't need to maintain funds on account for possible exercising.  You could instead let the option expire, or resell the option, neither of which requires funds available for purchase of the underlying shares. However, should you actually choose to exercise the call option (and usually this is done close to expiration, if at all), you will be required to fund your account much like if you bought the underlying shares in the first place.  Call your broker to determine the exact rules and timing for when they need the money for a call-option exercise. And to expand on the idea of ""cancelling"" an option you purchased: No, you cannot ""cancel"" an option contract, per se.  But, you are permitted to sell the call option to somebody else willing to buy, via the market.  When you sell your call option, you'll either make or lose money on the sale – depending on the price of the underlying shares at the time (are they in- or out- of the money?), volatility in the market, and remaining time value.  Once you sell, you're back to ""no position"".  That's not the same as ""cancelled"", but you are out of the trade, whether at profit or loss. Furthermore, the option writer (i.e. the seller who ""sold to open"" a position, in writing the call in the first place) is also not permitted to cancel the option he wrote.  However, the option writer is permitted to close out the original short position by simply buying back a matching call option on the market.  Again, this would occur at either profit or loss based on market prices at the time.  This second kind of buy order – i.e. made by someone who initially wrote a call option – is called a ""buy to close"", meaning the purchase of an offsetting position.  (The other kind of buy is the ""buy to open"".) Then, consider: Since an option buyer is free to re-sell the option purchased, and since an option writer (who ""sold to open"" the new contract) is also free to buy back an offsetting option, a process known as clearing is required to match remaining buyers exercising the call options held with the remaining option writers having open short positions for the contract.  For CBOE options, this clearing is performed by the Options Clearing Corporation.  Here's how it works (see here): What is the OCC? The Options Clearing Corporation is the sole issuer of all securities   options listed at the CBOE, four other U.S. stock exchanges and the   National Association of Securities Dealers, Inc. (NASD), and is the   entity through which all CBOE option transactions are ultimately   cleared. As the issuer of all options, OCC essentially takes the   opposite side of every option traded. Because OCC basically becomes   the buyer for every seller and the seller for every buyer, it allows   options traders to buy and sell in a secondary market without having   to find the original opposite party.   [...]   [emphasis above is mine] When a call option writer must deliver shares to a call option buyer exercising a call, it's called assignment.  (I have been assigned before, and it isn't pleasant to see a position called away that otherwise would have been very profitable if the call weren't written in the first place!) Also, re: ""I know my counter party cannot sell his shares"" ... that's not strictly true.  You are thinking of a covered call.  But, an option writer doesn't necessarily need to own the underlying shares.  Look up Naked call (Wikipedia).  Naked calls aren't frequently undertaken because a naked call ""is one of the riskiest options strategies because it carries unlimited risk"".  The average individual trader isn't usually permitted by their broker to enter such an order, but there are market participants who can do such a trade. Finally, you can learn more about options at The Options Industry Council (OIC)." "Ignoring the complexities of a standardised and regulated market, a futures contract is simply a contract that requires party A to buy a given amount of a commodity from party B at a specified price. The future can be over something tangible like pork bellies or oil, in which case there is a physical transfer of ""stuff"" or it can be over something intangible like shares. The purpose of the contract is to allow the seller to ""lock-in"" a price so that they are not subject to price fluctuations between the date the contract is entered and the date it is complete; this risk is transferred to the seller who will therefore generally pay a discounted rate from the spot price on the original day. In many cases, the buyer actually wants the ""stuff""; futures contracts between farmers and manufacturers being one example. The farmer who is growing, say, wool will enter a contract to supply 3000kg at $10 per kg (of a given quality etc. there are generally price adjustments detailed for varying quality) with a textile manufacturer to be delivered in 6 months. The spot price today may be $11 - the farmer gives up $1 now to shift the risk of price fluctuations to the manufacturer. When the strike date rolls around the farmer delivers the 3000kg and takes the money - if he has failed to grow at least 3000kg then he must buy it from someone or trigger whatever the penalty clauses in the contract are. For futures over shares and other securities the principle is exactly the same. Say the contract is for 1000 shares of XYZ stock. Party A agrees to sell these for $10 each on a given day to party B. When that day rolls around party A transfers the shares and gets the money. Party A may have owned the shares all along, may have bought them before the settlement day or, if push comes to shove, must buy them on the day of settlement. Notwithstanding when they bought them, if they paid less than $10 they make a profit if they pay more they make a loss.  Generally speaking, you can't settle a futures contract with another futures contract - you have to deliver up what you promised - be it wool or shares." "Here's an alternative. There are hundreds, maybe thousands, of contract engineering firms (""job shops"") in the United States, probably hundreds in California alone.  They are in the business of doing what your ""employer"" wants you to do, they know how to do it, they have been doing it for decades, working with the biggest, most-established companies in the country.  They have forgotten more about providing engineering services to clients, and paying the engineers, than you can learn in a lifetime. Call a few of them.  Set up meetings.  Budget a few hours for it.  You want to talk with the most experienced recruiter in the office, the Old Guy Who Has Been There And Done That.  Explain your situation, and tell them that, rather than go through all of the headaches yourself, you want to investigate the possibility of THEM handling all the headaches, for their usual markup of course.  (You can probably word this better than I can, but you get the idea.) The shop may or may not be willing to talk about their markup.  My personal opinion is that this is perfectly OK.  What they make off of you, after your rate is paid, is THEIR business. Also, talk about what you do, and your recommended rate.  It would not surprise me to learn that you are currently grossly underpaid. AND, mention that, if the client declines, you're going to be available immediately, and you'd certainly be open to working with them.  (You will see this again.)  In fact, if they have any current leads that you fit, you would certainly be interested in hearing about them.  (They may already have a req from another client, for which you fit, for which the client is willing to pay much more than your current ""employer"".) If it were me, personally, I'd start with Yoh, Belcan, and maybe TAD Technical.  These are three of the oldest and best. I'd also hit up CE Weekly, get a subscription, and find some other shops with offices in your area. Once you have a shop lined up, then ask your ""employer"" if, rather than you setting up a personal corporation, they'd be willing to work with an established Contract Engineering firm,  who does this kind of thing for a living, who does this every day, who has been doing this for decades.  Doing this is simpler for everyone, and, by going through an established firm, they avoid having to teach you how to do business with them.  They also avoid the risk of having you reclassified by IRS as an employee, which exposes them to all kinds of legal and financial liability. If they say ""No"", WALK AWAY FROM THEM.  Immediately.  They've just thrown up a HUGE red flag.  This is where the other discussions with the shop come into play." "I'm not sure what you mean by ""writing off your time,"" but to answer your questions: Remember that, essentially, you are a salaried employee of a corporation.  So if you are spending time at your job, even if you are not billing anything to a client, you are earning your salary. If there are costs involved with these activities (maybe class fees, a book purchase, or travel expenses), the corporation should be paying the costs as business expenses.  However, the logistics of this, whether the corporation writes a business check to the vendor directly, or you put the expenses on a personal credit card and are reimbursed with an expense check from the corporation, don't matter.  Your accountant can show you the right way to do this." Wait. You started a company and contracted it with the company you currently work for? I don’t know why but for some reason this sends up a legal red flag to me. I have no idea, but maybe double check that there isn’t any violations in this arrangement... or just never tell them. Unfortunately, a Supreme Court case (Prima Paint Corp. v. Flood &amp; Conklin Mfg. Co.) held that arbitration clauses are enforceable even when you are challenging the enforceability of the contract generally.  Shockingly, if you want to argue that an arbitration clause should not apply to you, you have to make your case to an arbitrator.