Table of Contents
from the Fortt Business Guide & Real Estate Tutorial
a Guide to Buying Real Estate and Businesses
Copyrighted ©1998 fortt Business Guide plus all updates to year 2010
Please Note:
The Fortt Business Guide & Real Estate
Tutorial contains a wealth of valuable, difficult to find information about buying, selling and operating a
business that would take years for you to discover on your own; information that you
always wanted to know more about but few would ever share with you and/or you
were hesitant to inquire of. Now you will
have your own in-house reference library of business and real estate transfer
(Buying, Selling, Leasing) of ownership
information for your handy reference.
In addition, I have
created or acquired numerous formats over the past 40 years to help me accomplish my objectives as a
Business, Real Estate & Commercial loan Broker, formats that I am now sharing with you along with
completed tried & proven (completed) samples for easy reference.
These
Fortt Business Guide & Real Estate Tutorial business and real estate formats (or modified formats
from other various sources, i.e., attorneys, accountants, Escrow, etc.) have
been created, tried & proven during my past decades of selling, leasing &
financing businesses and
buildings. Even so, not any form will satisfy all needs for all people and
that is why you can easily modify them for your specific needs because of
being formatted in Word or Excel.
Interestingly enough the price of these 1,120 +++ files of great ideas and formats
contained in the Fortt Business Guide & Real Estate Tutorial is about what you would pay for just 2 or 3
forms from a Legal Form Company. Recently, a
business owner friend of mine informed me that just last year he spent $400.00
for a 15 page business plan for his brew pub, a business plan that he had to rework to
satisfy his needs. The Fortt Business Guide has many, many files
pertaining to creating business plans, how to write one and how NOT to write
one. Of course, there are also hundreds and hundreds of additional files (as you will see) that
pertain to almost every facet of acquiring or selling a business and/or a
commercial building. Granted, many of these files may have no value to
your particular needs, yet surely you will find a multitude of them that could
be invaluable............and it takes just one good idea to save your financial
future.
In addition there are a
multitude of Links that will lead you to numerous fascinating & helpful "outside"
Websites that should help you. Well, just spend a few minutes scrolling
through the files listed below to see for yourself what
is being offered - a 12 year project for me to bring these to you..
You will also discover how to
finance a business or real estate acquisition
because I have
created separate files
in the Real Estate & Business Information folders entitled
“Financing Choices - (for)
Business, and
Financing Choices (for)
Real Estate, which
you can print off for a review before you create your Purchase & Sale Agreement.
Some of these concepts could convert a weak financial buyer into a strong one
thanks to leveraging and financing techniques that I have developed over the
years.
The Fortt Business Guide
also provides you with a Sample Document Folder
that hosts all kinds of signed off forms, Purchase & Sale Agreements, Addendums,
Leases, Fee Agreements that you may use for reference purposes as
you prepare your own Purchase & Sale Agreement and other documents.
The values contained in the Sample Documents Folder may
be small to medium but the “mechanics” of most transactions remain basically the same,
bearing in mind of course the importance of correctly creating meaningful and effective documentation is of paramount importance for any size
transaction.. In addition, I have a Legal Form file that contains Links to
major legal form companies that should satisfy your extraordinary needs.
You can
now search for a word or topic in this Table of
Contents folder by utilizing the Word search function via the Edit tab on the
upper menu bar which
should serve quite well as your Index. to locate topics of interest.
Obviously these listed titles below are not
Hyperlinked to the actual program files but of course will be linked on
CD.
Enough said!
====================================
(1,120+ files
on CD as of
January 2010)
Here are some the files contained in
the.......................
Fortt Business
Guide & Real Estate Tutorial Library:
(A)
Introduction
(B)
Table of Contents (1,120 ++ files posted)
(C)
Purchase & Sale Agreements; instructions for...
(D)
Business
Purchase & Sale Agreement & Exhibits (13 files)
(E)
Business Forms (88 files)
(F)
Business Information (A zillion great ideas
are contained in
these 660 files)
(G)
Sample Documents – (42 files)
(H)
Real Estate Purchase & Sale Agreement & Exhibits
(12 files)
(I)
Real Estate Forms (81 files)
(J)
Real Estate Information (Much outstanding
information -134 files)
(K)
Brokers, Business & Real Estate (90 files)
(L)
Moving to the Seattle?
(M)
Moving to Washington or Oregon?
(N)
Your suggestions
Note: Your formats will become much
stronger & more creative after you read the Business & Real Estate Information
files.......and these are the
folders that you should first review..
************************************************************
Hello Sellers!
At last, a long overdue new “twist” to Business Brokerage:
(Sellers, now
investigate your Buyers)
Recently I thought to myself
how unfair it is for a Buyer to demand of Sellers that they disclose almost
everything about the business while most Sellers will demand very little from
the Buyer outside a financial statement & perhaps a credit report. My good ol’
boy buddy owns a legal investigation company, i.e., C & C Legal Investigations,
one that conducts private investigations of individuals and companies.
This firm is located next to my office building. For a $125.00 (+/-) fee, L
& L Legal Investigations will conduct a basic investigation of your
prospective buyer without this person’s knowledge, i.e., the person who may owe
you hundreds of thousands of dollars or more after the closing of your business
Escrow. What type of person will be buying your business? Now you will have NO
excuse for not discovering who will be your borrower prior to signing the final
closing papers. Check out Legal Investigations in the Business
Information folder.
========================================
If you treat your business
ever day like you’re going out of business for one reason or the other, your
business will indeed succeed!
========================================
(A)
Introduction folder
-
(1)
Introduction.doc (file) -
As the name implies this is an introduction to my background as a Business
Broker as well as stating the reasons as to why I wrote this program. This file
also presents some ideas regarding how to structure a business to sell, i.e.,
value allocations, stock vs. asset sale, etc., Buyer considerations as well as
those of the Seller's.
(B) Table of Contents folder
-
You're here!
(C) Purchase & Sale Agreement; instructions for
preparing
(Purchase
& Sale Agreement Instruction folder.)
Purchase & Sales Agreement; instructions for.doc
(file)- Explains
to you the various Purchase & Sale Agreements & Exhibits, how and when to use
them.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
A business entity Purchase &
Sale Agreement that is properly drafted, along with its supporting Exhibits, is
like an electric fence because it makes a “good neighbor.” That is, all
pertinent parties will understand the boundaries of the transaction, what to
expect after a closing for a properly prepared Purchase & Sale Agreement along with its Exhibits leaves no issues open to dispute or
misinterpretation after the closing of Escrow.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Quoted by Robert
H---- of Austin, Texas,
a Fortt Business Guide purchaser from a few years ago who has since become my
dear good ol’ boy Texas buddy, a very special man (and friend)! In fact, I flew
to Texas to help him acquire a chain of stores; that is, until we discovered all
the problems associated with that business, mainly because the Seller suffered
from a severe case of amnesia about earnings, assets and everything else, as
many Sellers do.
When
Bob purchased one of my first programs he photo copied and edited the 1,000
pages of text & formats contained in 236 (+/-) files then returned these
edited pages to me that were full of his suggestions and corrections to me via Fed-X. My current program
has 1,120 (+/-) files & 5,000 (+/-) of far better information.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
A note regarding the
business & real estate forms contained
herein these folders.
Let me add that a good business and/or real
estate broker can be a terrific asset when it comes to acquiring or selling a
business or building for umpteen dozen reasons. However, most commercial real
estate agents & brokers (and especially house agents) do not have an inkling of
the mechanics involved with transferring the ownership of a business entity
sales whereas a knowledgeable business broker also understands both fee simple
and leasehold real estate just because the building or space is obviously an intrical part of the business
ownership transfer process.
These forms and other files containing great ideas will enable you to save thousands of dollars in
brokerage fees; that is, if you cannot locate a
business broker whose knowledge &
experience you can trust. The other advantage of creating your own Purchase &
Sale Agreement, of course, is that you will learn a whole lot more about the business per se
just because of performing your due diligence. Lastly, if you are utilizing the services
of a competent business broker then compare his Purchase & Sale Agreement with the
content herein to see if he is leaving anything out of the transaction that
could adversely affect your interests. There still are brokers who want to
write up their transactions on the backside of an envelope – or use pre-printed,
i.e., “canned,” Agreements that leaves a GREAT
DEAL TO BE DESIRED! Furthermore,
there are a few brokers and many agents, mostly real estate, who either do not
know what they are doing and/or are only concerned about placing a commission in
their pockets.
Also, by reviewing your Fortt Business Guide library you will
become a much more informed Buyer or Seller, either monitoring the steps your
broker or attorney is taking and/or reviewing the final product before your make
the big commitment.
Lastly, if you were to buy just one form from a legal forms
company it will cost you a minimum of $35.00 and up. Granted, you may not find
the exact form(s) herein that will satisfy your specific needs albeit the form
is in Word format so you can modify them to your satisfaction. And I have also
provided you with Links to these legal forms companies.
=========================================================
(D) Business Purchase & Sales Agreement folder.
This is the "heart & soul"
of The Fortt Business Guide to Buying or Selling a Business because from this
Agreement the Escrow Company will prepare your Sales Contract. Take the time to
learn this Agreement. The Buyer will be conducting his/her own “due diligence”
thereby discovering all facets of the business operation @ a savings of $150.00
to $300.00 per hour by not paying an attorney/accountant to do this. And the
Buyer and Seller will each save an additional $2,000.00 to $3,000.00 by
preparing their own documents. Of course at some point you should bring on
board a good business attorney to review your creation. By then you will have
hopefully become an informed Buyer or Seller so that you can accept, reject of
modify the advice given to you. Also read my files about attorneys and
accountants in the Business Information Folder, with all due respect to those
professionals. I have also presented to you a number of financing scenarios in
the business (and real estate) Purchase & Sale Agreements that should help you
buy or sell most any small to medium sized business and/or building.
PSA =
Purchase & Sale Agreement (aka Definitive Purchase Agreement) & Exhibits
– (13 files)
(1)
Biz PSA-1.doc (file) -
Purchase & Sale Agreement – Business
Entity with notes.
This file is the same
Purchase and Sale Agreement (PSA) as the following one other than it is filled
with BROKER NOTES that explain or clarify most of the clauses that are not
self-explanatory. This PSA file is for reference purposes only - should be
printed for convenient reference when needed.
PSA Consists of:
Receipt of
Earnest Money, defining Purchaser & Seller, description of business & real
estate, multiple financing choices, miscellaneous provisions agreed to by
Purchaser & Seller, Seller warranties, corporate/LCC warranties, Purchaser
guarantees, equipment warranties & "as is" clauses, miscellaneous agreements -
Purchaser & Seller, miscellaneous verbiage, an itemization of Exhibits to choose
from, Seller shall provide the Purchaser the following, restrictions pertaining
to resale of business and building, building lease or Fee Simple, miscellaneous
verbiage, Important dates and pro-rations, escrow instructions & closing
agreements, Business Broker disclosure, confidentiality agreement, contingencies
for the Purchaser & Seller, acceptance by Purchaser, Acceptance by Seller,
Agreement was prepared by, Purchaser's acknowledgement of Seller's acceptance,
counteroffer time restraints, Addendum blank……………..and closing and escrow
instructions, escrow wrap up and commission agreement.
(2)
Biz PSA-2.doc (file) -
Purchase & Sale Agreement –
Business Entity without notes
-
Bring this file up on your
screen, rename and store it, then commence creating
(the exact opposite of a canned or boilerplate PSA) your own Purchase &
Sale Agreement, using the PSA - Biz notes.doc (file) above for reference
purposes. Also, refer to the Sample Documents folder for completed examples that
will clarify how to easily create a successful Purchase & Sale Agreement &
Supporting Exhibits, perhaps printing off one for your handy reference.
(3)
Biz PSA-3.doc (file) -
Purchase & Sale Agreement – Business
Boilerplate
- This is a
“canned” Purchase & Sale Agreement (PSA) that may better suit the needs of a
smaller, retail type business or for a person who does not have the time,
interest, background nor creative desires to properly structure a “tailor-made”
Purchase & Sale Agreement for a particular business. Personally I have avoided
this type of form because I always felt “hamstrung” due to not being able to
address the important “due diligence” issues nor could I be creative with my
financing requirements. If I were running a business brokerage office, i.e.,
with salespeople who could get my office into a “heap” of trouble then I would
insist that they use these “boilerplate” forms just to keep me out of the
courtroom because the forms contain enough “boilerplate” language to protect my
firm from the rogue, loose cannon salesperson who “screws up” by not
understanding nor accepting the process. Of course this type of PSA is an
invitation for attorneys to “reinvent the wheel,” perhaps with just cause
because the forms are so limited & restrictive. In any event, if you just want
to make a deal then fill in the blanks and hand it over to your attorney for
review & to “reinvent the wheel.” This is the same form that commercial real
estate people use for business sales in the State of Washington. Oh yes, you
possibly could use this “boilerplate” form then attach an Addendum(s) to it with
financing and/or other verbiage from “my” custom Purchase & Sales Agreement
forms. If you are going to make this extra effort then you might just as well
create your own “tailor-made” Purchase & Sale Agreement right from the start
while simultaneously learning all facets of the building and/or business that
you are desirous of acquiring or selling while saving yourself thousands of
dollars in fees in the process.
(4)
Biz
PSA-4.doc
- (file)
Exhibits – Business entity with notes
-
Your PSA form
will have a reference section listing Exhibits. This Exhibit file-containing
notes is the same as Exhibits - Biz.doc below except that this file
has reference NOTES explaining the use of various Exhibits. This Exhibit
notes.doc file - should be printed out and set alongside your computer for handy
reference purposes.
Exhibits consist of:
Blank Addendum
to PSA, legal description of real property, plat map and specifications,
building and property inspections, a review of the terms and conditions of the
existing building/space lease - plus a copy of an actual lease, allocation
$_________ of business sales price, disclosure of Seller liabilities, business
contingent liabilities, list of creditors, schedule of business indebtedness, if
any, which is to be assumed by the Purchaser, inventory valuation, what & how
much, work in progress & finished goods, which jobs and how much, contract
retainage(s), which jobs and how much, schedule of Accounts Receivable, Accounts
Payable & Spread, equipment and machinery list, leased and/or Vendor supplied
equipment/machinery, if any, an actual lese agreement for equipment and
machinery (with sample Purchase Option Provision), personal property excluded
from sale, serial number of equipment, machinery and description of rolling
stock, bring titles to closing, products developed but not marketed, outstanding
sales/bid proposals, jobs & dollar values, pertaining to insurance,
real/personal property and individuals, attached face pages of insurance
policies, seller warranties, general & governmental, covenant(s) not to compete,
consulting or management contract, employment contract, hazardous or toxic
materials, a description of customer lists - to be provided at closing, proof of
tax payments, and an actual copy of the UCC search report,
(5) Biz
PSA-5.doc
- (file)
-
Exhibits – Business entity –
without notes -
This is
the Exhibit file from which you create your chosen Exhibits. It's the same as
the foregoing file, except does not have the explanatory notes. Bring this file
up on the screen, rename and store it. Then choose the Exhibits that you want
incorporate your changes to, deleting those Exhibits that you do not need.
These Exhibits will then become apart of your Purchase & Sale Agreement. Letter
these Exhibits the same with those referenced in your Purchase and Sale
Agreement. Refer to Sample Documents folder if need be.
(6)
Biz PSA-6.doc - (file)
- Addendum, Business -
After you have a signed off
Purchase & Sale Agreement, use this form for modifying its terms and
conditions, if need be. At the end of your PSA form there is also a blank
Addendum form that makes it very easy to incorporate future needed changes by
"copying and pasting" sundry clauses to the blank addendum.
(7)
Biz PSA-7.doc
– (file) -
Stock Purchase Agreement - This
superb file was prepared by a Texas attorney for a F/G buyer who was desirous of
purchasing a business located in Austin, Texas - @ a cost of $375.00 per hour.
The total legal fees for this document and the Due Diligence Questionnaire (in
the Business Forms Folder) amounted to $5,000 (+/-), including consultation.
(8)
Biz PSA-8.doc – (file) -
Addendum, Business, to use
with a boilerplate Purchase & Sale Agreement
–
Sometimes I am “forced” to
use a simple, boilerplate (canned) Purchase & Sales Agreement (PSA) even though
I detest them, just to keep things simple, especially with Buyers or Sellers who
do not understand English very well, compounded by the fact that anything more
than one page is too complicated.
(9)
Biz PSA-9.doc -
(file)
Commission
Agreement –
This is a blank Commission
Agreement that can be customized for varying usage and additional information
how to secure a deferred commission. No “Good ol’ Boy Deals” here, especially
when it comes to the payment of a Broker's commission.
(10)
Biz PSA-10.doc - (File) –
Note, Earnest Money
-
Use a note for
Earnest Money until you feel reasonably secure with your transaction. Be
certain to read my file Earnest Money Depost.doc (file) regarding how
not to lose your Earnest Money deposit. Many times it's much easier
to put up Earnest Money than it is to get a refund of it when the deal "goes
down."
Also,
there are some comments
about why Earnest Money notes are worthless, yet necessary at the onset of
writing up your Purchase & Sale Agreement. There are two unique and usually
contrasting perspectives regarding Earnest Money Notes as shared by Purchasers
and Sellers. In any event, I have provided you with a sample Note for
completion when you write up a PSA.
(11)
Biz PSA-11.doc – (file)
-
Counter Offer -
Many times a
Seller (and Purchaser) needs to make a Counter Offer to a proposal. Probably
the most important point in the Acceptance Cut Off time.
(12)
Biz PSA-12.doc – (file) -
Earnest Money Release
–
Neither person nor entity
will
refund
your Earnest Money deposit without 1st having a release signed by all
involved parties. Here’s what you do with a happy Seller or how to protect
yourself in the event an angry Seller doesn’t want to have your Earnest Money
refunded.
(13)
Biz PSA-13.doc – (File) -
Bump Agreement for Purchase & Sale
Agreement
–
Has your business been for
sale for quite sometime? Perhaps an offer could surface that
may work out well but it could also fail due to some contingencies that you
do not feel comfortable about? You want to accept it but while not tying
yourself up for weeks or months due to these contingencies that could drown the
transaction. Hence, you want to keep the business on the market………..and if
another, stronger offer is presented then this will give the underlying
(initial) Buyer an opportunity to proceed with an immediate closing or to “get
out of the way.”
(E)
Business Forms Folder – (88+ formats)
(1)
Biz Forms-1.doc –
Addendum, business – (file) -
This form
is used to modify the
terms and conditions of a signed off Purchase & Sale Agreement.
(2)
Biz Forms-2.doc
- Bill of Sale
(file) -
To be used when
transferring ownership of personal property, i.e., equipment, machinery and
furniture, etc.
(3)
Biz Forms-3.doc -
Building Loan Proposal
Format
(file) –
Have you ever considered
purchasing a commercial building for your business? If so, or if not, this
format will help you “package up” the required documentation sufficient to
satisfy most any local or on line lender.
(4)
Biz
Forms-4.doc -
Business, 25 Questions re
Vet (file) - Would
you like to purchase a veterinarian clinic? If so, you should review these 25
helpful questions in addition to asking Biz, 165QQ.doc (file) – (preceding
file).
(5)
Biz
Forms-5.doc -
Business 35
Questions re FBO
(file) - FBO =
Fixed Based Operations
(Small Airports), 35 specific questions in addition to asking Business Bldg. 262
Questions (file).
(6)
Biz Forms-6.doc
-
Business, 56 Questions
re Radio (file) -
Are you thinking
of buying a radio station? Here are 56 questions to help you make that
decision in addition to Business Bldg. 262 Questions (file).
(7)
Biz
Forms-7.doc -
Business, 71
Questions Evaluate (file) –
Here are 71 probing
questions that a professional Business Evaluator would ask a business owner
about the past, present and future operation of a business when preparing an
evaluation.
(8)
Biz
Forms-8.mht
- Business and Legal
Forms
(file) -
Immediate Access to Attorney
Drafted Business and Legal Documents – you can order any of these forms on this
site and download them within minutes of payment; 24 hours a day, 7 days a week,
365 days a year. Very simple ordering process. In addition keep
www.Legalzoom.com and
www.nolo.com – both sites are full of great information and you’ll find
publications to purchase that will help you in all phases of establishing the
growing of your company.
(9)
Biz
Forms-9.doc
- Business Buyer
Escrow Costs
(file) -
The best time to ascertain
your closing costs is when you sign off your Purchase & Sale Agreement. You do
not need adverse surprised at closing of Escrow.
(10)
Biz Forms-10.doc
-
Business Buyer Questionnaire
(file) - This
is a questionnaire I use when interviewing prospective purchasers in person or
over the phone. It gives me a script to follow as well as defining the
interests of the person who I am interviewing. This form might also help a
buyer focus his/her interests a bit.
(11)
Biz Forms-11.doc
- Business Excel
Forms –
(file) -
Pertaining to financing and accounting, including banking and loans, personal
finance, business plans and financial statements……….plus legal forms, including
business and commercial, real estate and rental, corporate forms and more. This
file will take you to Microsoft’s Office Template Gallery Home.
(12)
Biz Forms-12.doc
- Business, Package
Checklist (file) -
Although the title on
this form states "Listing Package Check List," one which I use when listing
businesses as well as buildings, it is a check list of "important and required
information" that any Buyer must have when putting
together an information package for a business of interest.
(13)
Biz Forms-13.doc – Business Seller (mini)
Questionnaire – File) –
If you are either a Broker
or a Buyer, here is a good questionnaire to help you ask the right questions and
keep a record of what was said.
(14)
Biz Forms-14.doc
-
Business-Bldg. 265 Questions
– (File) –
These questions will help
you place your finger on the pulse of a business in an industry that you wish to
purchase – plus I have now included 85 (+/-) questions pertaining to the
building that the business is operating out of. And if you need more building
disclose information, go to Real Estate PSA Exhibits Folder and the Real Estate
Transfer Disclosure file in the Real Estate Forms Folder.
(15)
Biz Forms-15.doc -
Buyer Broker
Employment Agreement.- (file) –
Use this form after you
have read the Buyer Broker Employment Agreement in the Business Information
Folder.
(16)
Biz Forms-16.doc – Commission
Agreement
- (file) – This
is a blank Commission Agreement and information how to secure a deferred
commission. No “Good ol’ Boy Deals” here, especially when it comes to the
payment of a Broker's commission.
(17)
Biz
Forms-17.doc –
Confidentiality &
Non-Disclosure Agreement
- file) –
This Agreement was used when
I approached a smaller phone company about acquiring a 900 # during the days
when they were “hot.”
(18)
Biz
Forms-18.doc - Confidentiality Agreement (full) -
(file) -
This is a more formal &
sophisticated Confidentiality Agreement than the following one, which I
generally use.
(19) Biz Forms-19.doc
- Confidentiality Agreement
- (file) -
You
can choose from two:
One is Confidentiality
Agreement that I use whenever I confer with a Purchaser about a business
offering/showing, whereas the second one is a purchaser of the Fortt Business
Guide had to sign when he was looking at a business to buy in Texas - this C/A
cost the Seller several hundred dollars in legal fees for his attorney to
prepare.
(20)
Biz Forms-20.doc -
Confidentiality Agree
Buyer & Broker
- (file) –
The Buyer and his Business
Broker sign a joint confidentiality Agreement to leave with the Seller. None of
these agreements “hold much water” if the Buyer and/or his Broker still yak, yak
about the opportunity. There has to be some good faith and understanding
amongst the involved parties.
(21)
Biz Forms-21.doc -
Confidentiality
Agreement, Seller to Buyer
- (file) -
Some business Buyers are
totally paranoid about anyone finding out their interest in a particular
business. Hence, this form should surface this concern, if nothing more.
(22)
Biz Forms-22doc - Confidentiality Agreement –
Patent - (file) –
this form was provided by an
Invention “Integration” company to ensure me that my interests will be
safeguarded. Note that the employees, i.e., staff, besides my principal
contact, are included.
(23)
Biz Forms-23.doc -
Confidentiality Agreement
- (file) -
Protects each party to a
possible future business association so that proprietary information can be
freely exchanged and shared by those involved in a business transaction. This
is a “mini” Agreement that is easy to understand, maybe not as strong as a full
blown one. Even so…..a buyer can sign a super strong, multi-page Agreement, yet
if he still “yaks” about what he has seen what value it is. Buyers & Sellers
still have to have a certain amount of trust with each other.
(24)
Biz Forms-24.doc – Non-Circumvention and
Non-Disclosure Agreement -
This Agreement protects the
Seller if certain proprietary information is shared with a prospective buyer of
a business.
(25)
Biz Forms-25.doc
- Consent of Spouse
(file) - If
your wife (or husband) cannot attend a closing then have a Consent of Spouse
form signed in advance by the missing spouse which is no more than a Limited
Power of Attorney.
(26) Biz Forms-26.doc
- Dealer Agreement
(file) - Does
your business need a Dealer Agreement to ensure that those who market its
products are doing so as Dealers, i.e., as quasi Independent Contractors, and
not as employees? You do not want the IRS to claim that your Dealer was (is)
actually an employee posing as a Dealer, then claim all the withholding taxes
that you should have been paid and perhaps did not. This Agreement cost a
business owner $657.00 in attorney fees. Perhaps this Dealer Agreement could
help your firm?
(27) Biz Forms-27.mht
– Earnout Agreement (file) –
This file is shared with you
so that you know where to purchase a form for your “Earnout.” After reviewing
the $35.00 cost of this 18 page form (which surely is worth it) I realized that
the Fortt Business Guide CD of 1,000 files of forms & information is truly quite
a value in comparison.
(28)
Biz Forms-28.xls - EBITDA Valuation Spreadsheet
(file) -
Be certain to review &
utilize the EBITDA file in the Business Information Folder. These “cells” can
be renamed to better satisfy your business needs.
(29)
Biz Forms-29.doc -
Equipment List – Form - 1 (file) -
This is another
sample Equipment List, created for a restaurant.
(30)
Biz Forms-30.doc
-Equipment
List Form - 2 (file) -
This
is a sample form for a Machine Shop which should help you understand how to
create your own Equipment List.
(31)
Biz Forms-31.doc -
Escrow holdback –
Repairs, form
(file) -
Granted, this agreement is
not very tight, at least from the Seller’s perspective. Nonetheless it is far
better than a “good ol’ boy handshake arrangement.” Let me add that a “tight
agreement” could prove to be a disaster for the borrower, especially if the
Purchaser & Seller cannot agree upon what improvements that need to be completed
to the structure and/or business. Yes, these funds were derived from the equity
in the Seller’s building; nevertheless the Purchaser has to repay this funding
plus interest. See Harry’s lease with an Option to Purchase in the Real Estate
Forms Folder.
(32)
Biz Forms-32.doc -
Escrow Instructions-1 (file)
-
After you have a signed off
Purchase & Sale Agreement, then you need Escrow Instructions for your
business escrow company, which will give it an immediate overview of the
entire transaction.
(33) Biz Forms-33.doc
-
Escrow Instructions-2
(file) - This
is a generic Escrow Agreement form which was prepared by an attorney for
a radio station closing. I have always preferred the Escrow Instructions1.doc
(file) form just above. Perhaps, however, you may prefer this form.
(34) Biz Forms-34.doc
-
Escrow Progress Report
(file) - When you
buy, sell or broker a building (like a business), you must keep track of
important commitments, inspections and/or performance dates……..and who said what
and when during the closing of Escrow. The transaction must be "ridden" daily;
that is, if it is in Escrow and you wish to keep it "alive."
(35) Biz Forms-35.doc
- Escrow Wrap Up
(file) - As the
title Implies, this is a check off list of things which must be taken care of
before and after closing, either by the Purchaser, Seller or together.
(36)
Biz Forms-36.doc
- Evaluation, Reliable lock
(file) –
This is an evaluation of a
small, retail locksmith business that I made about 10 years ago.
(37)
Biz Forms-37.mht.
– Free
Excel Spreadsheets -
A fellow business broker
from Portland, OR turned me onto this Website. I don’t know how this site earns
its money but nonetheless should you need almost any type of spread-sheet; you
should find a free one here.
(38)
Biz Forms-38.doc - Exhibits –Business
(file) - These
are the Exhibits that are listed in the Business PSA Folder, Exhibits Biz.doc
file. Refer to the page in the PSA – Biz.doc file that has an itemization from
which to choose.
(39)
Biz Forms.39.doc - Hazardous or
Toxic Waste – (file) -
Two great clauses - one requiring an inspection as a
condition precedent to the Closing of Escrow, whereas the other is a
statement (Warranty) by the Seller that he has no knowledge of any hazardous or
toxic waste. Not only does this verbiage protect the Purchaser before and
after closing, but also it protects the Seller, too, for sooner or later if this
type of waste indeed surfaces, it will certainly cost the Seller ($$$$$$) dearly
at a later date. It’s good to have a site inspected anyway, and then the
liability, if any, is shifted to the Inspection Company.
(40)
Biz Forms-40.xls
– Excel Balance Sheet
(file) –
Excel form!
Are you
reviewing the balance sheet of a company that you intend to buy? If so, just
rename the titles and “plug in” the numbers that will reflect your business
operation in the right column after you have taken possession.
++++++++++++++++++++++++++
Note: If you are creating a spreadsheet and want
to ***ADD*** more “rows” or more “columns”………….
Then go to Menu Bar – Click
“Insert,” then Click “Rows” (or columns). This will enable you to add more
income and/or expense categories. Then to remove these………go to Menu Bar –
Click “Curved Arrow” on high lighted or featured Row or Column.
Note: If you are creating a spreadsheet and want to ***DELETE*** more
“rows” or more “columns”………….
Then go to Menu Bar – Click “Form,” then Click Rows (or columns). Follow
arrow to “Hide.” Then click this feature to eliminate excess row or column
space that you do not need.
(You might print this
paragraph off for easy future reference)
These Excel files are exceptionally helpful for
“recasting” operating statements.
(41)
Biz Forms-41.xls
- Income & Expense – Income
Statement (file)
–
Now Excel format!
Do you want to determine your “true discretionary cash flow” before debt service
and payments? Well, you need to “recast” or “restate” the Operating Statement
(Or Profit & Loss) to determine this. The Income should remain fairly well
constant, but the expenses will increase or decrease. This form will help you a
great deal……….and being in Excel form now – well, it’s just awesome in
comparison.
(42)
Biz Forms-42.xls -
Income & Expense Recasting (1).doc
– Now
Excel format!
I've used this form for
normalizing expenses from a P & L statement whenever I had to do this out of my
office. It's been very effective valuation tool which has enabled me do turn
down many a business listing for a variety of reasons..
(43)
Biz Forms-43.xls -
Income & Expense
Recasting (2).doc (file)
– Now Excel format! This
is the same as the preceding form except it addresses equities of both the
business and real estate.
(44)
Biz Forms-44.doc -
Income & Expense
Recasting (3)
- (file)
- I
used Word form in this example, just "normalized" the expenses to a P & L and
typed up a "recasting" statement.
(45)
Biz Forms-45.doc -
Income & Expense Recasting (4) -
(file) - This is
the same as Income Recasting (3).doc in Word Form except that it has no preset
underscoring lines.………I use this form when using the office computer vs. out of
office with a pen and tablet where underlining is very helpful.
(46)
Biz Forms-46.doc -
Income & Expense
Recasting (5)
- (file) –
This is a more simple approach – just take the Net Income or [Loss} and add back
expenses that the new purchaser will not have, or deduct new expenses that the
Purchaser will have and are not reflected on the operating statement.
(47)
Biz Forms-47.doc -
Independent Contractor Agreement
– (file) –
Although this Agreement is
used by Real Estate Brokers, you may possibly be able to adapt it for your
intended needs.
(48)
Biz Forms-48.doc -
Inventory format -
(file) - Do
you have to "take" inventory. If so, photocopy this inventory form, which
should help you organize your efforts.
(49)
Biz Forms-49.doc -
J-V - Joint Venture
- (file) - An
association of two or more individuals engaged in a solitary business enterprise
for profit without an actual partnership or incorporation. This file helps
explain what a J/V is all about along with providing you with a form that I have
used.
(50) Biz Forms-50.doc
- Lease, ATM Equipment -
(file) -
Yes - this is a lease for ATM equipment - but it could modified and be used for
any and all business equipment. This is a "state of the art" lease with a
“Buyout;” written (created) by a major USA leasing firm.
(See Business Purchase & Sales Agreement Folder –
“Exhibits” - for a couple of additional Equipment Lease forms).
(51)
Biz Forms-51.doc - Lease, Business Bldg
(file) - Here is
a building Lease Agreement with Option to Purchase which will enable you to
maintain your cash for operating capital……..yet "nail down" your Landlord
(perhaps the business owner) with an Option to Purchase. Read my lips, you will
never have a better opportunity than when you first commence your buying
negotiations of price & terms, to buy the building from which your new business
will operate because once you pay rent in a timely fashion the Landlord will
lose any incentive to sell, especially with decent price and terms. Your reward
for being a good tenant, i.e., paying on time, cleaning up or maintaining your
structure and/or making your business successful will be an increase in your
base rent at the first opportunity. Or worst yet, you may end up negotiating
with the building heirs, or a new, greedy building owner aka Landlord who bought
the building out from under you. Even worst, your Landlord will not renew nor
extend your space/building lease then the value of your business assets drops
down to about what they would bring out on the sidewalk because you will have no
business to sell without a good lease. Even if you could relocate your
business…….it would take a couple of years of P&L’s for the move (good or bad)
to be reflected in the financial statements.
(52)
Biz Forms-52.doc
-
Lease, Business Equipment
- (file) –
If you need a basic lease
form this could work. If you need a very sophisticated equipment lease form
then modify & use the Lease, ATM Equipment above that would cost you thousands
to have an attorney draft up for you.
(53)
Biz Forms-53.doc - Lease, Business entity -
(file) - The
owner could not sell his business until his IRS conversion waiting period from
an C Corp to an S Corp had been fulfilled, otherwise he would have had to pay
significant tax penalties. Hence, this lease was completed by the Seller’s
attorneys at a cost of $1,800.00 in 1997 (same format in 2009) attorney fees.
Also, there is NO capital gain tax until the business is actually sold.
Also,
see “Save Taxes” in the Business Information Folder.
(54)Biz
Forms-54.doc -
Letter of Intent,
Harry’s Place
- (file) –
This is a Letter of Intent
in which the Purchaser requesting to buy the shareholder’s Capital Stock of an
existing LLC……..just because the Beer & Wine license remains in the name of the
existing LLC……and just the new LLC officers have to be approved versus having
the “post” the facility with signage announcing a change of ownership as in an
asset sale. This is a lot faster and cleaner acquisition, yet the Purchaser
can still create a new depreciation schedule.
(55) Biz
Forms-55.doc - Letter of Intent
(file) - Why
use a Letter of Intent aka LOI? If you can't agree upon some basic up front
concerns, such as price, terms, deal structuring, etc., then why spend a couple
of hours preparing a detailed Purchase and Sale Agreement? Furthermore, a
Businessman's review should begin as early as possible, preferably upon signing
the Letter of Intent or when the PSA is in its early draft stage so that any
changes from the review can be incorporated at an early stage. Here are a
couple of LOI for you to review when you create your own Letter of Intent.
(56)
Biz
Forms-56.doc -
For Business
Acquisitions (with or without buildings)
– File - Here is a recap of why one should consider using a Letter of Intent at
the start rather than a lengthy Purchase & Sale Agreement – plus I have included
a blank format for you to fill in the space.
(57)
Biz Forms-57.doc
- Letter of Intent to Purchase Assets of
a Business - (file) -
This file contains two (2) completed Letters of Intent (LOI), one for purchasing the
Assets of a Business while the other LOI is written to purchase the
Stock of a corporation.
(58)
Biz Forms-58.rft
-
LLC Operating Agreement
- (file) –
Here is an LLC Operating
Agreement that may work for you. LLC & Sub-S Corporations are creations of
state law. Their tax treatments are functions of federal law and also of state
law. Each state has its own body of statutory and case law that governs LLC’s
or corporations. An LLC or corporation created in another state would be deemed
a “foreign corporation” in Washington State and would need to register here as
such.
(59)
Biz Forms-59.xls
- LLC
sale of Interest Agreement
- (file) -
This is the same verbiage
that I have incorporated in the Purchase & Sale Agreement form.
(60)
Biz Forms-60.doc - Limited Liability Operating
Agreement - (File) –
The Limited Liability Company
(LLC) is the new business entity that every entrepreneur should understand
because it combines the best aspects of incorporation with the tax advantages of
a partnership and without the red tape of either. This outstanding combination
never existed before.
(61)
Biz Forms-61.xls -
Loan Calculator with
Extra Payments
- (file) –
Here is a handy Excel tool
for you to figure out loan amortizations for your business and/or real estate
acquisitions.
(62)
Biz Forms-62.doc - Narrative, sample (blank) form -
(file) -
This is a blank Narrative
form that is the same as the sample Narratives contained in the Business
Information Folder where I provided you with a couple of completed examples of
how to write your own.
(63)
Biz Form-63.doc - Non-Compete & C. A. (1) -
(file) -
This Non-Compete &
Confidentiality Agreement form is one that I created a couple of years ago when
I had a franchise opportunity that I wanted to share with a local businessman
who owned 30 retail outlets. Because I desired to have his association as a
Franchisee and not as competitors after he learned about my moneymaking ideas, I
asked him to sign this Agreement - which he did.
(64)
Biz Forms-64.doc -
Non-Compete & C.A (2)
- (file) -
I created this
form when an investor and I wanted another investor to join us in the creation
of a casino, i.e., by purchasing a motel that would have been outstanding for
such a use due to its large entertainment room. Hence, we had this investor
sign our Non-Compete & Confidentiality form because we did not him to undercut
our efforts. This agreement contains some good teeth. I also had his broker
sign a Co-Broker form so that if he sold the motel to someone else at a later
date, assuming this transaction failed, then I could sue him for my part of the
commission; that is, if he "forgot " to pay me. (Later - as it has turned out…
Nov. 2000, we have 2 legal suits pending……….because both parties "forgot" who
bought these opportunities to them.)
(65)
Biz Forms-65.doc
- Non-Compete-1 - (file)
- This is the
Non-Compete that I generally use in my Purchase & Sale Agreements, modifying it
to suit specific needs.
(66)
Biz Forms-66
- Non-Compete –
Reciprocal -
(file) –
A business Buyer & Seller
paid their Escrow attorney $225.00 to draft this Reciprocal Non-Compete
Agreement because the Buyer was worried about the Seller of the business that he
just purchased might compete with him after closing in the county that the his
new business acquisition was located. Ok, this is normal. But what is
different is that the Seller was equally worried about the Buyer of his business
competing against him in an adjacent county where he intended to open another
almost identical business that he intended to purchase.
(67)
Biz Forms-67.doc -
Non-disclosure and
Non-Compete Agreement
- (file) –
This is another example of
an Agreement designed to protect your interests which exposing an invention or
an idea to another person.
(68)
Biz Forms-68.doc - Non-disclosure-Inventions
- (file) –
Here are samples of 2 types
of Confidential Disclosure Agreements. If you have a good idea… ……..just
remember…… if that “good ol’ boy” who is cozying up to you won’t sign this
Agreement before you tell him about your idea or invention then you should
realize that he could very well be a good candidate to “rip you off!”
(69)
Biz
Forms-69.doc -
Notary Acknowledgement
- (
file) –
Sometimes a business person
or real estate investor will need his/her signature acknowledged. I created
this verbiage when I needed to register an invention idea as well as mailing a
sealed Registered Letter to myself that I cannot open until the need arises,
i.e., say in a courtroom. If I were to open the envelope beforehand then this
would indeed breach the integrity of the process.
(70)
Biz Forms-70.doc -
Note secured by Deed of Trust form
- (file) -
This Note that was secured
by a 1st Deed of Trust was prepared by an attorney at a cost of $900.00 to my
buyer/borrower because this was not a “normal” type Note, rather one that
incorporated a draw payout for building improvements. Although the sum is very
small, the form is the same for larger projects.
(71) Biz
Forms-71.doc - Note, Earnest Money
– (file) - This
note is specifically designed for real estate or business acquisitions and has
Business Broker notes explaining how and when to use it.
(72)
Biz Forms-72.doc -
Note, Promissory
(2) - (file) –
Here are 2 different forms
that may suit your needs. If you want to secure this Note with a Deed of Trust,
then refer to Notes, Promissory in the Real Estate Forms Folder.
(73)
Biz
Forms-73.doc -
Note, Promissory(3) -
(file) –
This is a Promissory Note
that was used by a Hard Money lender in Seattle to secure its loan (business and
real estate assets) on a coastal business here in
Washington.
(74)
Biz Forms-74.doc
- Partnership Agreement -
(file) -
Here is a basic Partnership
Agreement for you to complete - please refer to Business Structures.doc &
Business Structures (2).doc in the Business Information Folder.
(75)
Biz
Forms-75.doc -
Patent Non Disclosure & Non-Compete Agreement
- (file) -
feel that you have a
good idea that you wish to have patented by the USPTO (United States Patent &
Patent Office) – then you need to protect yourself from the Sharks.
(76)
Biz Forms.76.doc - Personal Guarantee
(1) - (file) -
This helps you
keep your Purchaser serious about paying off your contract as agreed. And if he
screws up by ruining your business during the interim, he, too, will hopefully
bleed as well. And this clause elevates him above the status of a renter, i.e.,
it’s called commitment. And if a person will not personally commit for a
limited time frame he is not serious about buying.
(77)
Biz Forms-77.doc -
Personal Guaranty (2)
- (file) -
Here is my latest Personal
Guaranty that was recently written by a “Hard Money Lender” to secure payment
for a loan that it had made on a coastal business, one that is fairly tight.
(78)
Biz Forms-88.doc -
Personal Guarantee format, request for a release
(file)
– Here is a
format for you to modify, if need be, when you or your attorney writes to your
lender asking for Release of a Personal Guarantee.
(79)
Biz Forms-78.doc - Proceeds from building sale form, Seller -
(file) - The
Seller should work this up before he signs off on the Purchase and Sale
Agreement just to make certain that the sale will financially “pencil.”
(80)
Biz Forms-79.doc - Save taxes-Lease of Business -
(file) - This
building and business were held in a C Corporation, i.e., 2 financial entities
held in one corporation (bad mistake) that was converted to an S Corp. 9 years
ago. The Seller’s accountant said that the business could not be sold for one
additional year because of hefty tax penalties. Hence, we structured a lease
with a Purchase Option to purchase the business assets for one year and a lease
of the real estate for three years with an Option to buy the building (See above
file #29 - Lease of Business Bldg.doc). Both of these
leases cost my Seller $1,800.00 to prepare by his attorney. The Lessee of
the business placed a $200,000.00 up front non-refundable deposit, less closing
costs, which meant that the Lessee would have a financial commitment to make his
business a success rather than operating it like a renter, perhaps "walking
from it" when and if times became tough. Or he could have put less cash down by
offering outside collateral of equivalent (+/-) value.
If the building Lessor is being stubborn by preventing a sale from taking place
because such a sale or transference of ??% of Capital Stock of the business
would place the space lease in default, you could possibly circumvent this
perceived "default" by instead leasing the business along with a deferred buyout
(agreed to price/terms) at the termination of this lease.
As a Broker many years ago of the largest
Restaurant/Lounge in Portland, Oregon, I became well aware of these Lessor
games…………just to increase the rental income or to find a more attractive tenant
to accomplished this purpose. Even though the Lessor thought that had held a
"full house," suffice to say my Seller and I prevailed because the Purchaser
bought the Capital Stock rather than the corporate assets. At that time, most
leases (and even so now) did not have restrictions pertaining to stock
transfers. A well-structured business lease, i.e, one that accommodates the
needs of both the Lessor and Lessee, could certainly be a valuable tool to
consider. In the business lease that I have used as an example, we leased the
business for tax savings purposes rather than for fighting off a greedy
Landlord.
(81) Biz Forms-80.doc
- Save taxes-Lease-ATM-Equipment
(file) -
Recaptured Depreciation: This costs the Seller big IRS tax $$$$$$$$$. Now you
can legally circumvent Recaptured Depreciation by leasing your Equipment rather
than selling it. This lease even contains a $1.00 buyout provision. Yes, this
is an ATM lease, but nonetheless a state of the art form that could be easily
adapted to leasing business equipment rather than selling it thereby eliminating
the expense of recaptured depreciation which must be declared as ordinary income
during the fiscal year of sale.
(82) Biz Forms-81.doc
- Save taxes-Leased
Equipment form - (file) -
This an actual
Equipment Lease which has a Purchase Option. Perhaps this form may best suit
your specific needs because it will allow you to conserve your cash instead of
giving it up for a down payment, yet allow you the opportunity to buy the
equipment at a later date at a previously agreed upon price & terms.
(83)
Biz Forms-82.doc
- Statement, Personal financial -
(file) - Your
Buyer wants to learn everything about your business, why don't you check him out
too? Or if you want a form that is more sophisticated; then pick one up from
your banker.
(84)
Biz Forms-83.doc
- Stock Purchase
Agreement (basic) -
(file) -
Stock Purchase Agreement for
corporations or LLC’s is much more basic and understandable than the following
one and could be used in most stock acquisitions.
(85)
Biz Forms-84.doc - Stock Purchase Agreement -
(file) - This
superb file was prepared by a Texas attorney for a F/G buyer who was desirous of
purchasing a business located in Austin, Texas - @ a cost of $375.00 per hour.
The total legal fees for this document and the Due Diligence Questionnaire (in
this folder) amounted to $5,000 (+/-), including consultation. I feel that this
Stock Purchase Agreement has too much legal mumble jumble that just makes it
confusing; a fact that should please most attorneys.
(86)
Biz Forms-85.doc -
Subordination Exhibit
to PSA -
(file) –
Purchaser wants to buy a
business that has a free and clear building worth $575,000.00 – of which
Purchaser will have $75,000.00 cash which is not enough to satisfy the Seller’s
needs. Hence, the Purchaser can raise another $200,000 from a commercial loan
but the Seller will have to subordinate to that Bank; that is, the bank must be
in first, i.e., Senior, position for $200,000.00 and the Seller would be
carrying back $300,000 on a 2nd – (Junior position) because Purchaser
has already paid $75,000 cash d/p This is want one calls “leverage.” . Or,
perhaps your business needs a new building? Then request the Seller to
subordinate his senior position to a Construction loan – and re-subordinate at a
later date to a “take out” loan after you have completed construction.
(87)
Biz Forms-86.doc -
Title Review,
unacceptable -
(file) –
Most every Purchase & Sale
Agreement is predicated upon evidence of a satisfactory title report (to the
Purchaser). This forms just takes all the guesswork out of it……….that should be
sent to the Escrow Company that is holding the Buyer’s deposit.
(88)
Biz Forms-87.doc - Valuation form, business -
(file) – This
file is designed to help a Seller work up a valuation of a business. Although
this example reflects a small business it nonetheless illustrates the forms that
are typical. You just have to adapt this “boilerplate” by changing the values
to suit your specific needs. The file covers Purpose and Function of a
valuation, as well as the definition of value estimated as well as approaches to
estimating values of inventory, supply, furniture, vehicles and equipment plus a
summary and conclusion of findings.
(F)
Business
Information folder
– (660+ files)
(1)
Biz Infor-1.doc -
$5,000 1st
year tax savings
- (file) -
Up to $5,000 of start-up
expenditures can be deducted in the year a business begins; the remainder is
deductible pro-ratably over 180 months.
(2)
Biz
Infor-2.doc -
5 top sales mistakes &
how to avoid them
- (file) –
Falling into these traps can
cost your firm, both in terms of loss sales dollars and career momentum. But
knowledge is power, and the University of San Francisco arms you with the
insight and strategies your firm will need to gain and hold a competitive
advantage.
(3)
Biz
Infor-3.mht - 10 Great Internet Business Ideas
-
(file) –
Social Networks, Wiki, Blog,
Mlog, Miog, Internet TV, Internet TV, E-Commerce, Content Management, Become
Aware, Your Own Internet Business Idea!
(4)
Biz Infor-4.mht –
10 Secrets to buying a business –
(file)
– Focus on Cash Flow
rather than profits for you must look at the numbers intelligently. This file
will tell you how to.
(5)
Biz
Infor-5.doc -
10 Economic Downturn
Considerations
- (file) –
These guidelines are to help
your firm plans its economic survival during these stressful financial times
(2009).
(6)
Biz
Infor-6.doc -
10 practical steps for
starting a business
- (file) -
A resource for starting business from
www.StartupNation.com
(7)
Biz Infor-7.doc
- 10 Question Job
Interview - (file) -
Here are ten questions to help the prospective employer find out as much as
possible about the job applicant in a limited period of time.
(8)
Biz
Infor-8.doc –10 Secrets to discreetly selling
your profitable business
- (file)
- Here is
important information that can help you sell your business immediately and for
TOP dollar; that is, ten secrets to selling your business that most business
owners don’t know:
(9)
Biz Infor-9.doc -
10 Steps to grow your business
- (file) –
Strategize with other
entrepreneurs – see Start up Nation.
(10)
Biz Infor-10.doc
10 Ways to cut income
taxes
(file) –
These areas may have the
best potential for minimizing your tax burden.
(11)
Biz Infor-11.mht - 12 laws of Buying and Selling
businesses – Part 1
- (file) –
It’s never easy getting a
deal accomplished! The best way for an entrepreneur to successfully get into
business, or expand what they already have, is to buy an existing profitable
company. But there are many obstacles and pitfalls along the way that must be
overcome. This article was contributed by Bizquest.com which is a must Website
for anyone who is seriously considering the sale, purchase or brokering of a
business.
(12)
Biz Infor-12.mht - 12 Laws of Buying and Selling
businesses – Part 11 -
(file) -
You should make it your
business to verify all of the facts possible about the business, including
determining the reason for sale.
This article was
contributed by Bizquest.com which is a must Website for anyone who is seriously
considering the sale, purchase or brokering of a business.
(13)
Biz Infor-13.doc -
12 Ways to Borrow Money -
(file) - This
will help you to understand a Banker’s thinking when you approach him for a
loan.
(14)
Biz Infor-14.doc
-
101 Tips to Avoid Business Start-Up Pitfalls
- (file) –
Each week thousands of
Americans make the decisions to start their own business. Consider these 101
questions and answers to help avoid some of the pitfalls associated with new
business startups.
(15)
Biz Infor-15.doc - A free diagnostic business
success test
- (file) –
designed to help you
determine if you have what you need to make it. It only takes about six minutes
to complete.
(16)
Biz Infor-16.doc -
Accept “Checks” Online
with ACH Payment Processing
- (file)
Customers without credit
cards can now purchase from your eCommerce site. Discover how…………….
(17)
Biz Infor-17.doc
- Access
the Inbox -
(file) –
Although a targeted E-mail
list is important, the substance of your E-mail is equally essential. You must
decide what you want to accomplish for your business and frame the E-mail’s
content around that goal.
(18)
Biz Infor-18.doc
-
Accountants-Bookkeepers, deal Killers
(file) -
Discover why so many
Accountants & (especially) Bookkeepers of long standing attempt to kill "deals,"
at least from this Business Broker's perspective, for when it comes to selling a
business no Buyer nor an Purchase Offer will ever be good enough. Read this file
to discover why this often occurs and how you can prevent it from happening by
preparing yourself. If you are a Purchaser and do not pay attention to this
problem, you may indeed end up "sitting on the curb" shaking your head in
bewilderment wondering whatever happened to your great offer. Also, if
you are a Seller, contained in this file is a brief article about how your
trusted bookkeeper can scam your business for years without your being aware of
it.
Sorry if
I stepped on the toes of the accounting/bookkeeping professions
but the purpose of
the Fortt Business Guide is to help small businesspeople consummate
transactions by making them aware of potential problem areas like these.
Although I wish not to offend these professionals I will not cozy up to them either.
(19)
Biz Infor-19.doc - Accounting Software for Small Businesses
- (file) – Here
are the Website addresses for ten (10) tops accounting software programs on
today’s market. Sorry that I cannot recommend my favorite or how to evaluate
them. Perhaps if you know a user of one of more of these programs who could be
your best source of advice.
(20)
Biz Infor-20.doc - Accounting Terminology
- (file) –
Here are 22 pages of
Accounting & Business terminology that will help you better understand
accounting, financing, business in general.
(21)
Biz Infor-21.doc - Acquiring businesses without
cash -
(file) –
As I was including this file
in my Real Estate Folder I thought to myself that some of these ideas could
apply to acquiring a business as well. And, all you need is one good idea which
could make the difference between success and failure.
(22)Biz Infor-22.doc
-
Adding value to your business
- (file) –
It is vital to consider
positive and negative factors from a buyer’s perspective since a prudent buyer
will add and subtract them to arrive at an asking price.
(23)
Biz Infor-23.doc
- Advertise your products for free!
- (file) –
Industrial Search – Search
Thomas Net, the most comprehensive resource for industrial information –
straight to the source of product, company information, CAD drawings and more….
(24)
Biz Infor-24.doc - Agency Agreements -
(file) - Are you
confused about whom the agent/broker is representing and as to what his
responsibilities are to his fiduciary? This will help clarify what you
should expect or not to expect from an agency relationship.
Who is “your”
agent loyal to anyway?
(25)
Biz Infor-25.mht
- Allocation of Purchase Price
- (file) –
Correctly allocating the
purchase price (total sale price) of a business amongst the various asset
components (asset “classes”) of a business entity is usually necessary when a
business is sold, whether it is via a stock sale or a non-stock (asset) sale.
(26)
Biz Infor-26.doc -
Allocation Values of a
Purchase Price
- (file) –
Allocating the Purchase
Price to specific assets (asset “classes”) in a business acquisition is part
science and part art regarding it is via stock sale of a non-stock sale.
(27)Biz Infor-27.mht
- Amazon Executive explains selling on Amazon
- (file) -
Online retailers are
frequently interested in new channels to sell their products. Merchants can
consider auction sites and comparison-shopping site, for example because
merchants can also list their products there.
(28)
Biz Infor-28.doc -
An Action Plan for Small
Business owners
- (file) -
After writing more than 60
books that have sold more than 80 million copies, Jack Canfield knows a thing or
two about success, and he’s now willing to share some of his secrets.
(29)
Biz Infor-29.doc -
Appraisal, business –
3rd party
- (file) –
Why the necessity of a Third
Party Appraisal; that is, one made by a 3rd Party “disinterested”
person.
(30) Biz Infor-30.doc
-
Are you ready to start a business?
- (file) - These are some pointed questions that you should
ponder to see if you really are an entrepreneur. Perhaps you should remain a
valued employee instead for some other employer??
(31)
Biz Infor-31.doc
- Assets versus Stock
Sale -
(file) –
Are you confused about
buying or selling the assets of a stock of an existing Corporation or LLC?
(32)
Biz Infor-32.doc -
Assets, intangible – 4
categories of -
(file) –
There are four (4) basic
categories of intangible assets…….you should recognize for taxation and
valuation purposes.
(33)
Biz Infor-33.doc -
Attorneys, Reinvent the wheel -
(file) -
Sorry
if I stepped upon the toes of the legal profession with this file but the
purpose of the Fortt Business Guide is to help small business people like
yourself consummate transactions by making you aware of potential problem areas
such as this one and not to snuggle up with overpaid lawyers. Plus stated
herein are 19 ways to cut down your legal expenses.
(Question:
Do you know why
sharks will not attack a drowning attorney? Answer: Professional
Courtesy.)
(34)
Biz Infor-34.doc -
Attorneys, how to protect
your wealth from them - (file) –
Although this
information pertains to divorce attorneys, it nonetheless remains applicable for
business/contract/trial attorneys as well.
(35)
Biz Infor-35.doc
-
Auto Mileage Rates Increase in 2007
- (file) –
This change should be of
concern to you if your business has any “rolling stock.”
(36)
Biz Infor-36.doc -
Auto mileage, IRS 2008
Rates -
(file) –
The IRS has just announced
that the optional mileage allowance for owned or leased autos will be
increased. Although some information is dated, other information could still be
helpful.
(37)
Biz Infor-37.mht -
Auto mileage, IRS
announces 2009 standard mileage Rates
- (file) –
Here is the latest mileage
information “hot off” the IRS Website.
(38)
Biz Infor-38.doc
-
Background checks or else
- (file) –
Trust (your
employees) but verify, as President Reagan once stated. A complete background
investigation could put your mind at ease, protect your assets, and possibly
prevent you from unwittingly becoming a criminal’s close associate.
(39)
Biz Infor-39.mht
-
Balance sheet from Wikipedia, the
free encyclopedia
- (file) –
In financial accounting, a
balance sheet or statement of financial position is a summary of a
person’s or organization’s balances. Assets, liabilities and ownership equity
are listed as of a specific date, such as the end of its financial (aka fiscal)
year. A balance sheet is often described as a snapshot of a company’s financial
condition. Of the four basic financial statements, the balance sheet is the
only statement which applies to a single point in time. Also, a balance sheet
has three parts: assets, liabilities and ownership equity. Read much, much more
in this file.
(40)
Biz Infor-40.mht
- Balance Sheet, reading one
- (filed) –
Assets are what a company
uses to operate its business, while its liabilities and equity are two sources
that support these assets. Owners’ equity, referred to as shareholders
equity in a publicly traded company, is the amount of money initially
invested into the company plus any retained earnings, and it represents a source
of funding for the business.
(41)
Biz Infor-41.doc -
Banker, working for
you or against you
- (file) –
How often have you heard “my
bank just doesn’t understand my business or they get bogged down in numbers?”
Success is about more than just numbers.
(42)
Biz Infor-42.doc
-
Banking on-line, take appropriate
precautions -
(file) –
Here are some precautions
you must take to protect yourself from the common thief who happens to have some
HTML skills and/or a smooth voice.
(43)
Biz Infor-43.doc -
Bankrupt firms, advantages of buying one -
(file) - There is
nothing wrong with buying a business that has financial problems for one man’s
nightmare is another AND possess the talent and cash to "turn around" such a
business "opportunity." One man's nightmare could be another man's dream,
especially if the business is a real bargain. This file shows you where to
locate Bankrupt businesses.
(44) Biz Info-44.doc
- Bankruptcy 2005 & small business
- (file) –
These Bankruptcy changes
could stall business startups!
(45)
Biz Infor-45.doc -
Bankruptcy 2005 highlights of
- (file) –
Highlights of the Bankruptcy
Abuse Prevention and Consumer Act f 2005.
(46)
Biz Infor-46.doc –
Bankruptcy 2005 – new
business rules, a few of which even apply in 2009
– (file) - Trade
creditors & landlords may will benefit from these changes.
(47)
Biz Infor-47.doc
- Bankruptcy – 2009 – Changes in B-K law
- (file) –The
new bankruptcy law not only makes it harder for individuals to avoid repaying
their debts, it also imposes tougher rules on small business that want to keep
creditors at bay.
(48)
Biz Infor-48.doc -
(File is empty at this time).
(49)
Biz Infor-49.doc – Bankruptcy & Insolvency
Taxation
- (file) –
Is your company considering
filing for bankruptcy protection? Do you need a better understanding of the
provisions of the Bankruptcy Code? This far-reaching guide to the latest tax
rules involving corporate bankruptcy laws provides you with the in-depth
information you need on the tax aspects of the “bankrupt strategy.”
(50)
Biz Infor-50.doc - Bankruptcy & Unsecured
Creditors - (file) -
When bankruptcy strikes,
unsecured creditors suffer. Even though the Bankruptcy laws will soon be
changed, here are some ideas that nonetheless could help you prepare your firm
from being ripped off by an insolvent creditor.
(51) Biz Infor-51.mht
-
Bankruptcy Basic – Chapter 12 -
(file) -
is designed for “family
farmers” or “family fishermen” with “regular annual Income.” It enables
financially distressed family farmers and fishermen to propose and carry out a
plan to repay all of part of their debts.
(52) Biz Infor-52.doc
- Banks Awash.-
(file) -
This list will
give you the name and addresses of several hundred nationwide banks that have an
excellent track record of lending money to small business people. Also, see
Financing Directory in this Business Information folder.
(53)
Biz Infor-53.doc - Banks,
when they turn you down -
(file) -
There are many alternatives
to bank lending to start or fund businesses. Here are some of the most common
sources or methods.
(54) Biz Infor-54.doc
- Barter’s $600
Billion-A-Year Biz - (file) –
Check out the
world’s most comprehensive & information barter Web site.
(55)
Biz Infor-55.doc
-
BizOpp Zone.doc –
(file) – Here is
a Website from Entrepreneur Magazine that will explain everything you want to
know about small businesses.
(56) Biz Infor-56.doc
- Board of
Directors –
(File) -
How to get the most out of your Board of Directors, an article written by 2
distinguish scholars.
(57)
Biz Infor-57.doc -
Board of Directors
– (File)
-
Why
a board? Rules and Responsibilities…..Board Selection….Board Operation…….Making
your directors a strategic asset – not just cops!
(58)
Biz Infor-58.doc -
Board of Directors
– (File) –
Working together as a Board
with current emphasis on board structure, don’t forget group dynamics.
(59)
Biz Infor-59.doc -
Borrowing from Corporation, beware of
taxman - (file) -
If you're gong to borrow
money from your corporation, you will want to make certain the transaction
qualifies as a loan and not as a "Constructive Dividend." You may ruefully
discover this at some later date, i.e., an IRS audit, with the resulting income
taxes, interest and stiff $$$$ penalties to pay.
(60)
Biz Infor-60.doc -
Break-even Analysis -
(file) - This is
a "thumbnail" sketch of how you should determine a "Break-even Point" (BEP) for
a business that you may be considering the purchase of.
(61)
Biz Infor-61.doc
-
Bring ‘em on -
(file) –
I’m about to hire my first
batch of new employees. What are the most important things to remember as I go
through the hiring process?
(62)
Biz Infor-62.doc -
Build Bridges to get Ahead
- (file) -
Whether you choose to
co-market a mailing campaign, co-brand promotional items or joint-venture a
split of the profits bought about from the joint venture, building bridges that
connect people to you and your partners’ products and services is not only the
trend of the present it is built on centuries of success.
(63)
Biz Infor-63.mht -
Building a business to
LAST -
(file) –
Family business thrives
through four generations fueled by innovation and sound values.
(64)
Biz Infor-64.mht
-
Building Business Credit Scores
- (file)
– More than ever before,
lenders are placing emphasis on business credit reports & scores from Experian,
Dun & Bradstreet and Equifax. We’ll help you build strong business credit
scores the fastest possible way with all three agencies and make thousands of
dollars in credit (at lower interest rates) available to your business.
(65)
Biz Infor-65.doc - Building Buzz -
(file) –
Four easy ways to spread the
word about your business – the best advertising because it is free!
(66)
Biz Infor-66.doc - Bulk Sales Act -
(file) - All
about the Bulk Sales Act and why it is important to the Buyer, Seller and
Creditor. It just has to do with the Seller paying his creditors with the cash
that the Buyer gave to him for this purpose - at the time the business sale
closes and before the Seller leaves town.
(67)
Biz Infor-67.doc
-
Business (Free) Research Sources -
(file) –
The China connection means
big business for Western Washington. A Puget Sound expert calls Chinese imports
a “lifeblood” for our local economic activity. Maybe you’ll derive some good
ideas from these sources……plus 31,900,000 additional URL’s.
(68)
Biz Infor-68.doc -
Business (Your)
Checkup -
(file) –
Just as doctors encourage
you to have an annual medical exam, your business, no matter how large or small,
should also undergo a checkup each year. How can you gauge the effectiveness of
a marketing campaign or changes in your service, billing, etc., without
analyzing the benefits and bottom line?
(69)Biz
Infor-69.doc -
Business and Personal
Credit, the real difference
- (file) -
But don’t be too quick to rule
this out of your repertoire of opportunities to grow your business. You can
learn how to get business credit whether you have good credit or not.
(70)
Biz Infor-70.doc
-
Business Background Check -
(file) –
Protect yourself! Choose
vendors, service providers, and business partners without the worry of unknown
troublesome histories. Now you can uncover bankruptcies, judgments, lawsuits,
liens, corporate records, address, and phone information with one search.
(71)
Biz Infor-71.doc
- Business Background Checks
- (file) –
While identify theft victims
are largely individuals, not businesses, the alarming statistics (roughly 10
million victims in 2008 nationwide) should alert us to the trend toward
increasing numbers and sophistication of white-collar criminals of all types.
(72)
Biz Infor-72.doc -
Business Books
- (file) –
A
few selections of helpful business books written to help you Develop Marketing
Strategies for Small Businesses, Extending Credit and Collecting Cash, Buying a
Business, Getting a Business Loan, Financial Basics of Small Business Success,
Budgeting for a Small Business, Operating a Really Small Business to Great
Customer Service for your Small Business.
(73)
Biz Infor-73.doc -
Business Broker, value of a good
one -
(file) –
A good Business Broker is
the same as a fine attorney or accountant, i.e., an invaluable asset! As to the
fee………it’s not what you sell it for ($$$$) that is of paramount importance, but
rather how you sell it and what you end up with “in your pocket” that is.
(74)
Biz Infor–74.doc -
Business Brokers, find
one
– (file) -
When you want your teeth filled
you don’t seek out a chicken plucker for dental care nor should you retain
someone other than a professional Business Broker to help you sell (or buy) a
business. Of course, after reading the Fortt Guide, you may know more than many
Business Brokers.
(75)
Biz Infor-75.html
- Business Buyer Resource Center
- (file) - If you
have a wealth of experience buying businesses, and are confident you already
know precisely how to find the right one, arrange financing, accurately value
it, negotiate the right deal terms, and uncover any problems before you buy it,
then you don't need our help. But if you are anything less than an expert, and
especially if you have never bought a business before, and you want to be
certain you are equipped with as much knowledge as possible, then we will
provide you with all the know-how and experienced advice you need to find a good
business, negotiate the right terms, and to structure a deal that eliminates
your risk.
(76)
Biz Infor-76.mht - Business
Competition, benefits of
- (file –
Sharpening skills and improving products are good personal and business
attributes.
(77)
Biz Infor-77.mht -
Business competition, strategies to win
- (file) –
There are three man models for competing in business.
(78)
Biz Infor-78.doc -
Business Credit
Reports -
(file) –
Don’t roll the dice on poor
business credit risks. Know which business credit is worthy. Unlimited
business credit reports for 15 million businesses.
(79)
Biz Infor-79.doc
- Business Directory
- (file) –
A huge source of directory
information for businesses; local, national & International - look up any phone
number or create your Own Directory.
(80)
Biz Infor-80.doc
- Business Disaster Plan
- (file) –
This file contains 8 valuable
tips that may help your business plan and withstand most any type of disaster
along with its recovery.
(81)
Biz Infor-81.doc - Business
Emergency Plan -
(file) –
every business should have an Emergency Plan for it could save lives, company
assets; perhaps your entire business.
(82)
Biz Infor-82.doc -
Business entities,
personal liability
- (file) – The
belief that by forming one of these entities is sufficient in itself to provide
personal liability protection is false. (Also, see Estate Protection – Real
Estate Information folder).
How to prevent attorneys from piercing the “Golden Veil” of
corporate/LLC protection.
(83)
Biz Infor-83.doc -
Business Equipment
Write-offs -
(file) –
The expensing (write-off) and
depreciation rules work together to give small business owners a powerful tool
to lower “earned income” on Schedule C or other businesses returns.
(84)
Biz Infor-84.doc -
Business failure, 5-ways to
- (file) -
Saving your business – 5
proven reasons why businesses fail. Owners & managers of failing businesses
continually make one or more of these 5 mistakes that accelerate the downward
spiral.
(85)
Biz Infor-85.doc -
Business failure, 10
more reasons -
(file) – This
year 500,000 New Businesses will start and 400,000 will fail.
(86)
Biz Infor-86,doc -
Business failure, 10 reasons -
(file) -
2 articles pertaining to the reasons why businesses fail; that is, 10 reasons
for existing businesses & 10 reasons for startup businesses
- failure.
(87)
Biz Infor-87.doc
- Business failure or success,
10.5 more reasons - (file) –
Why do businesses
succeed or fail? HINT: It’s not just sales.
(88)
Biz Infor-88.doc
- Business failure, 12 BIG
mistakes - (file) -
The 12 biggest
mistakes made by new business owners; now discover how to avoid them.
(89)
Biz Infor-89.mht -
Business failures;
avoiding pitfalls
- (file) –
Everybody makes mistakes and
entrepreneurs are NO exception. But for an entrepreneur, committing mistakes
too often can be very costly. Herein are 7 costly small business mistakes
entrepreneurs must avoid.
(90)
Biz Infor-90.doc
- Business Failures; ruin
a business - ten ways to
- (file) –
Many executives are so
caught up in their work, it has become the’ whom they are.’ The result is
executive burnout, lack of development of subordinates, and impeded growth.
(91)
Biz Infor-91-doc
-
Business goals, how to develop
criteria for -
(file) –
The main purpose of
developing criteria is to expose tacit assumptions about the project goal and to
help the team create a common understanding of what is important.
(92)
Biz Infor-92.doc -
Business Leads-1 - (file) -
Sales leads and
mailing lists……..11 million businesses and 113 million households – Order toll
free or through its Web site. Will help you find a business to purchase or a
buyer to purchase your business.
(93)
Biz Infor-93.doc -
Business Leads-2 - (file) -
Another source
of sales leads and mailing lists . . . . 10 million business leads, including
employee size, sales volume, phone number, key executives and Credit rating),
absolutely hot. . . . non stop leads . . . available every month.
(94)
Biz Infor-94.doc
-
Business Leads-3
-
(file) –
My Tacoma, WA library has a
wonderful source of business leads for intra-state & inter-state businesses,
leads that will tell you just about anything that you may wish to know.
Although my local library offers this source, its database of information is a
national one that all libraries should offer.
(95)
Biz Infor-95.doc -
Business "MLS" Internet sites for Sellers & Buyers -
(file) -
Here are numerous (50++++)
Business Internet sites for you to advertise (or find) a business opportunity.
Equally important, Purchasers may search for businesses through these
sources as well.
=========================
Biz Infor-660.mht
– Business “MLS” Internet
sites for Buyers & Sellers –
Some 30,000
Businesses for Sale or Post an
Ad and Sell a Business Online! Welcome to Business Broker.net, a leading
marketplace designed to help our users buy or sell a business.
=========================
(96)
Biz Infor-96.doc -
Business Opportunity Journal -
(file) - Point &
Click to the nation's largest journal specializing in business opportunities,
franchising and investments in the United States & Canada.
(97) Biz Infor-97.doc
- Business Owners,
helpful ideas - (file) -
10 Rules for
growing your business, 10 Reasons why businesses fail, and what is the best
Business Decision to enhance profits - to increase prices or to "cut the fat?"
(98)
Biz Infor-98.doc -
Business Ownership, 6
myths -
(file) -
Some of the many myths that
discourage people from even considering going into business for themselves.
Separating the facts from the fictions can totally transform your attitude – and
the difference between never getting started and finishing rich.
(99)
Biz Infor-99.doc -
Business Ownership,
are you ready
- (file) -
Here are some questions to ask
yourself to help decide if you are psychologically ready to have a business of
your own.
(100)
Biz Infor-100.doc -
Business
Plan-1
- (file)
- Will show you how a
small business owner can write a business plan as well as how to adjust plans
throughout the life of the company, offering templates for everything via a
CD-ROM. Show you how/where to order this program.
(101)
Biz Infor-101.doc -
Business Plan-2 -
(file) - If you
are considering the creation of a business plan, here are three Websites for you
to refer to.
(102)
Biz Infor-102.doc -
Business Plan-3 -
(file) -
Financing for your business
depends on collateral, an ability to instill confidence in your business acumen
and your creditworthiness. And there’s no better way to gain a banker’s
confidence than a well-prepared business plan.
(103)
Biz Infor-103.doc -
Business Plan Errors, Top 10
- (file) -
10 Business Plan Errors that
you should attempt to avoid.
(104)
Biz Infor-104.doc -
Business Plan, not 100 pages
- (file)
-
It doesn’t take a year of
planning to figure out whether someone is going to buy your product,” says
William Bygrave, A Babson College entrepreneurship professor. “All you have to
do is start selling it.”
(105)
Biz Infor-105.doc -
Business Plan, tips for writing one
- (file) -
While plans vary, the Small Business Administration advises
that every plan contain details about these basics: (1) A description of the
business, (2) Marketing, (3) Finances, and (4)Management
(106)
Biz Infor-106.doc -
Business Plan -
(file) - Includes
the basic (11) elements of a good Business Plan - plus a Web site address for
the best-selling business plan software in North America as well a brief recap
of this program and others produced by the same firm.
(107)
Biz Infor-107.doc
- Business Plans for Business Brokers
-
(file) –
Although this information
was written for Business Brokers, a Buyer or Seller could benefit from this file
as well should a Business Plan be needed.
(108) Biz Infor-108.doc
- Business Reference Guide -
(file) - Just
about anyone who is involved in a privately owned business, i.e.,
Buyer, Seller, Broker, Attorney,
Accountant, Banker, Intermediary, should find this Business Reference Guide
Indispensable!
The
BFG covers: (1) rules of thumb values, (2) Industry Specialists, (3) Legal
Issues, (3) Business Brokerage Information with New Surveys, (4) Mergers and
Acquisitions, and (6) Technology. This file will show you how to order one.
(109)
Biz Infor-109.doc -
Business start-up test
- (file) – “Don’t
start a restaurant just because you’ve eaten in a lot of them.” Give yourself a
score that will help you ascertain your chances of restaurant (business)
start-up success.
(110)
Biz Infor-110.doc - Business Structures
(1) - (file) -
Describes
the pros and cons of
a sole proprietorship, corporations, S & C, partnership and LLC’s.
(111)
Biz Infor-111.doc -
Business Structures (2) -
file - Another
recap of the pros and cons of a sole proprietorship, partnership, corporations,
Limited Liability Company (LLC), and various forms of each. Also discusses the
tax consequences of each business entity as well as the Key Points of business
liability, i.e., who/what will have to pay and how much? How you organize your
business will determine the answers.
(112)
Biz Infor-112.doc -
Business Structures (3)
- file –
Another perspective of the
definition of business structures offering many more interesting points and
explanations that are not covered in the preceding 2 files. This file offers
some great pointers about the pros and cons of creating a L.L.C., one big
advantage is not having to spend $$$$$$$$$$ money on more legal fees, i.e., this
is an easy “do it yourself” project. This is a fine file that covers all the
business structures and more. Also, if you want to eliminate the attorney, you
can create your own corporation for $22.50 by purchasing a Do-It-Yourself
Incorporation Kit from E-Z Legal Forms at your local office supply store. Lots
of Interesting information packed in this file.
(113)
Biz Infor-113.doc -
Business Structures
(4) -
(file) –
Organizing your business
wisely. Here is another perspective & some more considerations to ponder.
(114)
Biz Infor-114.mht -
Business Structures
(5) -
(aka Incorporation Master Guide) -
(file)
How to pick your business
structure: Sole Proprietorship vs. LLC vs. S Corporation vs. C Corporation –
Explained specifically for a small business owner.
(115)
Biz Infor-115.doc -
Business Structures
(6) -
(file) -
Which structure is right for
you? This is real important for you to decide which financial/legal structure
will be best for your business. Here you can derive some insight before you
spend $200.00 per hour for legal/accounting advice.
(116)
Biz Infor-116.doc - Business
Structures (7), choosing the correct one for your business
- (file) –
In discussing the different
legal forms, you must consider the impact of a number of relevant
characteristics such as the method of formation, tax impact and owner liability,
if any, that are some of the more important characteristics.
(117)
Biz Infor-117.doc
-
Business to Business Search Engine
- (file) –
Here’s how to find a Search
Engine that was created just for businesspeople who want to search for other
national & international businesses to conduct business with.
(118)
Biz Infor-118.doc
- Business Websites that can help you
- (file) –
Here are 16 Websites that
offer a variety of source information that may assist your needs.
(119)
Biz Infor-119.doc -
Business, Home Based (1)(file) –
Earn up to $10,000 per month
and more?????
(120)
Biz Infor-120.doc -
Business,
Home Based (2) -
the preceding Website pertaining to home based businesses.
(121)
Biz Infor-121.doc
- Buy & Sell Agreement
- (file) –
Such agreements can also
deal with the situation where one of the owners becomes disabled, retires,
divorces or wishes to sell their interest in the business.
(122)
Biz Infor-122.doc -
Buy a business only if
it has real estate
- (file) –
Here are some reasons why
you should only buy a business if it the building and land are available.
(123)
Biz Infor-123.doc -
Buyer Broker
Agreements can enhance buying power
- (file) -
There
are some real advantages for a buyer to formally secure the services of that
agent, drawing his or her fiduciary responsibility clearly into your corner.
Read more….
(124)
Biz Infor-124.mht
-
Buyer Broker, more ideas about
retaining one
- (file) -
A good Buyer Broker can be a
tremendous addition to your team, and a qualified one can offer you a wealth of
helpful advice. Some of these individuals are not qualified to play this role,
nor that of a Broker for the Seller either.
(125)
Biz Infor-125.doc -
Buyer Broker, when to
use one -
(file)
–
Heavily touted throughout
the industry as the wave of the future, a buyer’s brokerage is a contractual
agreement that ties a real estate or business buyer to a specific real estate
agent or Business Broker.
(126)
Biz Infor-126.doc -
Buyer Brokerage, Boon or Bane
(file) –
The wave of the future?
(127)
Biz Infor-127.doc -
Buying a business,10 thoughts to ponder
- (file) -
Statistics indicate that only 1 in 15 prospective business buyers will actually
purchase a business, a Business Broker (& Seller) needs to be able to separate
the serious Buyer from the (wall kickers) others.
(128)
Biz Infor-128.mht -
Buying a construction company
- (file) -
That same road is
littered with the carcasses of those who didn't make it. But you will not be
among them if you follow a few guidelines.
(129)
Biz Infor-129.doc -
Calling All Misfits -
(file) - Are you
a corporate loser, drifting from job to job, unable to follow orders? Maybe
it's time to start a business?
(130)
Biz Infor-130.doc -
Cap rates for biz - (file) -
This
is a classification of business risk with applicable capitalization rates.
Hence, once you ascertain the true cash flow of a business then you capitalize
that income by the appropriate Cap Rate that will give you one method
of evaluating a business as a financial investment.
(131)
Biz Infor-131.doc
- Capital Finance
Suite -
(file) –
Helping you create a
professional loan package. Connecting you to the right lender.
(132)
Biz Infor-132.doc -
Capital financing directory
- (file) -
Tired of bank turndowns &
runarounds - Thousands of Lenders/Investors for your deal. This file contains
a listing of financing sources that I found in USA Today……..plus a USA Today
Website address that you can “link” to for other additional great information.
Also, see Banks Awash file in this Business Information folder as well.
(133)
Biz Infor-133.mht -
Carbon Management for
leading businesses
- (file) –
Are high energy prices and
legislation impacting your business? This firm helps businesses like yours
reduce costs, achieve legislative compliance and benefit from positive
environmental marketing.
(134)
Biz Infor-134.mht -
Cash crunch, how to
survive one -
(file) –
Here are some fundamentals
that are key to Small Business Fiancés.
(135) Biz
Infor-135.mht -
Cash Flow Analysis, understanding it
- (file) –
A cash flow statement is one
of the most important financial statements for a project or business. The
statement can be as simple as a one page analysis or may involve several
schedules that feed information into a central statement.
(136)
Biz Infor-136.doc -
Cash flow may require
serious juggling
- (file) -
“A
lot of profitable businesses fail because of cash flow,” Nightingale says.
“Maybe you’ve made a million dollars, but if it isn’t in the bank by the right
time, there could be a lot of trouble.”
(137)
Biz Infor-137.mht -
Cash Flow Statement, what is it
- (file) –
In financial accounting, a cash flow statement or
statement of cash flows is a financial statement that shows how changes in
balance sheet and income accounts affect cash and cash equivalents, and breaks
the analysis do to operating, investing, and financing activities.
(138)
Biz Infor-138.doc -
Cash for merchants;
minimal qualifications - (file) –
Up to $250,000.00. No application fees, no Closing Costs, No
Tax Returns, No Credit Requirements, No Financial Statements, No fixed payments,
No Collateral Required – approvals in 24 to 48 hours. If your business accepts
credit cards, it qualifies for a cash advance.
(139)
Biz Infor-139.doc -
Catalog, Business-free
- (file).
How to order a
free catalog which will give you a listing of books, manuals, cassette
tapes and videos regarding most everything pertaining to the successful
operation of a business.
(140)
Biz Infor-140.doc -
C-Corporation
versus LLC, benefits of
- (file) -
There are a number of things that the C0Corporation can do
that the LLC cannot.
(141)
Biz Infor-141.doc -
Chapter 11, when it makes economic ($$$$) sense to
file
- (file) -
But there are four (4)
case when a Chapter 11 is the only solution – and don’t let your attorney
pressure you into filing.
(142)
Biz Infor-142.doc -
Chapter 11, why
your business may not survive
- (file) –
Only a handful of companies
survive this reorganization. Most are liquidated through a Chapter 7 process.
Now discover why!
(143) Biz Infor-143.doc
-
Charge-back Bureau
- (file) –
Is your business having too
many Charge-backs? Merchants: We’ll fight and prevent them for you and recover
lost revenue as well.
(144)
Biz Infor-144.doc -
Checklist for starting
a business -
(file) -
This Checklist provides the
basic steps you should think about when starting a business. This list is not
all-inclusive but covers many of the major issues. Other steps may be necessary
depending on the specific type of business you are launching. Although this was
written for the citizens of the State of Washington it nonetheless should give
you a “roadmap” of ideas as to what to expect from your state.
(145)
Biz Infor-145.doc -
China, business product development
- (file) –
This Website is dedicated to
provide overview information and links to China market, daily business news,
business overview, import/export, project, investment laws, suppliers, market
research and business opportunities.
(146)
Biz Infor-146.doc -
China, business resources of
- (file) - You don’t have to be a large company with your own research
staff – small businesses can make great use of resources such as the U.S.
Commercial Services, the state’s Department of community, Trade and Economic
Development and local trade organizations.
(147)
Biz Infor-147.mht
- Clarifying SBA loan requirements
– BizQuest - (file) –
I have found that there are significant misunderstandings
about the SBA 7-A loan program. Buyers, sellers, accountants, attorneys and even
business brokers have misconceptions. And much, much more.
(148)
Biz Infor-148.doc
-
Classified ads, how to write one that works
- (file) –
Writing an effective
classified ad is easy. What follows is a step-by-step guide focusing on the
time-tested principles of a successful ad.
(149) Biz Infor-149.doc -
Columbia Tower Club
- (file) – Have
you been looking for the number one custom-label cigar company worldwide? If
so, check out this file. Every good businessman needs a good tasting cigar once
in a while to keep the doctor away.
(150)
Biz
Infor-150.doc -
Combat Shoplifters -
(file) - Here are
some preventative steps storeowners can take to help discourage shoplifting.
(151)
Biz Infor-151.doc -
Company crisis protection
- (file) –
Businesses are vulnerable to
a wide range of emergencies that can threaten the safety of employees and the
continuity of operations, but few business owners take the necessary steps to
prepare employees for a crisis when the results of being unprepared can be
devastating.
(152)
Biz Infor-152.doc -
Comparable Business
Sales -
(file) –
Valuation Comps are easy to
find for real estate whereas they are challenging to find for businesses. Some
places for comps: Pratt’s States, Bizcomps, Trade Journals, Franchisers, etc.
Here’s a file that will lead you to these sources.
(153)
Biz Infor-153.doc -
Comparing Corporations to LLC’s
- (file) –
Here is a listing of ideas
that help you carry on a more intelligent conversation with your lawyer, tax
adviser and/or accountant.
(154)
Biz Infor-154.doc -
Computer fail safe
- (file) –
Computers must have a backup
plan to protect business.
(155)
Biz Infor-155.doc -
Computers; are
your business computers spying on you?
- (file) –
If your employees download
anything from the Internet, including E-mails, then some or all of the computers
in your office have spy-ware.
(156)
Biz Infor-156.doc
-
Conferencing, telephone
- (file) –
Free telephone Conference
Call services, up to 96 participants.
(157)
Biz Infor-157.doc
-
Conferencing, web, audio & video
- (file) –
Can you business use
effective business integrated web, audio and video conferencing whereupon you
can easily conduct large-scale online events, reaching thousands locally,
nationally, or worldwide right from your computer? Learn how……..
(158)
Biz Infor-158.doc -
Contingencies of a Purchase & Sale Agreement
- (file) –
Just some thoughts about how
the Seller should tighten up the contingencies of a Purchase & Sale Agreement.
(159)
Biz Infor-159.doc -
Contract Workers - (file) –
Employers can get into
deep trouble if they misclassify workers; that is, call them contractors when in
fact they’re employees. This file has some ideas that will help keep you from
having the IRS slap a bunch of stiff penalties and interest upon your company.
(160)
Biz Infor-160.doc -
Contracts, essential elements to create an
enforceable one
-
file) – Have you
ever wondered if that piece of paper you signed constituted a bonafied contract?
(161)
Biz Infor-161.doc -
Corporate Business
Structures -
(file) –
The most dynamic and
flexible business entity is the corporation. Offering tremendous advantages
that generally outweigh all other business structures, the corporation is the
most commonly used structure in business today.
(162)
Biz Infor-162.mht -
Corporate
Funding, creative ways to score -
(file) –
Entrepreneurs can also
solicit divisions of large corporations for a strategic investment. Unlike
venture funds which are bound by fairly restrictive investment criteria,
corporations have greater flexibility. They can invest cash or provide other
valuable non-cash support in the form of office of warehouse space, equipment
use, technology & manufacturing access.
(163)
Biz Infor-163.mht
-
Corporate Services; Incorporation, Dissolution, DBA,
Registered Agent
-
(file) –
This firm is a sample of
many that offers legal forms over the Internet since 1996,
www.USLegalforms.com is the leading Legal Forms Company. It was founded and
is operated by attorneys albeit no legal advice is given outside how to use the
forms. Order your chosen forms from this file.
(164)
Biz Infor-164.doc -
Corporate Stock Certificates
- (file) –
Order blank stock
certificates or order the certificates completed for you with your corporate
information. Order your forms from this file.
(165)
Biz Infor-165.doc - Corporate Veil, piercing
of -
(file) –
Be careful how you operate
your corporation because some lawyer may make it appear as though you were
operating it as a Sole Proprietorship thereby placing all your personal assets
on the line.
(166)
Biz Infor-166.doc -
Corporate Veil,
protecting it from attorneys
- (file) –
As stated above, it is of
paramount importance that you operate your Corporation or LLC as such otherwise
some sharp attorney will prove that you were actually operating a Sole
Proprietorship with all your personal assets on the line.
(167)
Biz Infor-167.doc
-
Corporate $$$ obligations can snare Directors
- (file) –
Be careful, may corporate
financial obligations may follow the Director(s) as a personal liability.
(168)
Biz Infor-168.doc -
Corporation
(asset) protection
- (file)
-
Although this file was created
for my Real Estate Information folder, I decided to place it in the Business
Information folder as well due to the advantages of incorporating in
Nevada…….from protecting assets…to not paying any state income taxes.
(169)
Biz Infor-169.doc
-
Corporation Owner’s Survival Guide 1 -
(file) –
18 Smart Ways to Protect Your
Personal Assets from Business Liability.
(170)
Biz Infor-170.doc -
Corporation Owner’s Survival guide 2
- (file) –
16 Costly mistakes that cause
courts to hold you personally liable for Your Company’s debts.
(171)
Biz Infor-171.doc
-
Corporations-C type, a critique of
- (file)
- This
file should help you better understand the “nuts & bolts” of a Corp. in
comparison to other business/legal structures.
(172)
Biz Infor-172-doc -
Corporations, 6 ways
to make corporate shares worthless - (file) -
With creditors in hot
pursuit; you need to have a course of action to protect your investment, ideally
well thought out prior to a need if and when it surfaces.
(173)
Biz Infor-173.doc -
Corporations, 8 ways to lose protection
- (file) – If
your corporation is to be an effective liability insulator, it must function as
a corporation, be treated as a corporation, and be recognized by your creditors
as a distinct entity. You can lose your corporate protection when & if you
relax these rules.
(174)
Biz Infor-174.doc -
Corporations, 9 liability traps for directors
- (file) –
Director Negligence still remains the most frequent cause of
liability, particularly among directors of publicly owned corporations.
(175)
Biz Infor-175.doc -
Corporations, as shields for professionals
- (file) –
Professional Corporations compared to regular business (C & S) corporations
insofar as benefits, liability & pensions are concerned.
(176)
Biz Infor-176.doc -
Corporations, C vs. S
- (file) -
What is the difference
between a C & S Corporation and when and why do you choose one over the other?
(177)
Biz Infor-177.doc -
Corporations, Convert C to S
-. (file) -Yes
. . . this can be done. Read how easy it is in this file.
(178)
Biz Infor-178.doc -
Corporations create
your own - (file) –
And for just $22.50 plus
filing fees – this file will take you right to E-Z Forms Website. Also, a book
reviews “How to Form Your Own Corporation.”
(179)
Biz Infor-179.doc -
Corporations, dissolving one
- (file) –
There are many ways to
dissolve a corporation, depending upon state law. This file presents the most
common methods.
(180)
Biz Infor-180-doc -
Corporations,
how to escape Corporate guarantees
- (file) –
You must know how to escape
liability on the few guarantees you mistakenly (or intentionally) personally
sign for and must know (learn) how to avoid these subtle or latent guarantees in
the first place.
(181)
Biz Infor-181.doc -
Corporations, how to make yourself invisible
- (file) –
A good asset protection
program will therefore conceal your identify as a shareholder. How can this be
accomplished?
(182)
Biz Infor-182.doc -
Corporations,
how to pick the right one
- (file) –
Here are some reasons why
you should choose an S corp. over a C corp. or visa versus.
(183)
Biz Infor-183.doc -
Corporations, how to properly finance one
- (file) –
Funds loaned to your own
corporation are easily lost. But you can greatly reduce your risk if you
structure your loan correctly.
(184)
Biz Infor-184.doc
-
Corporations, how to withdraw tax free money
- (file) –
You should now plan your own
best personal tax strategy for taking money out of your corporation while
keeping it financially solvent, legally avoiding excessive taxation and insuring
yourself greater asset protection.
(185)
Biz Infor-185.doc -
Corporations, an incorporation checklist
- (file) –
Necessary steps in the
incorporation process.
(186)
Biz Infor-186.doc -
Corporations,
insurance for directors
- (file) –
Because corporate directors
face potential liabilities from so many sources, a corporate director today must
be adequately protected from any claim.
(187)
Biz Infor-187.doc -
Why
corporate protection is essential today. -
(file) –
Here are some pointers as to
why you may wish to incorporate.
(188)
Biz Infor-188.doc
-
Corporations, LLC’s & Sole Props – pros & Cons of
- (file) –
Some additional information
about business legal & financial structures.
(189)
Biz Infor-189.doc
-
Corporations, 6 ways to make your shares worthless to your creditors -
(file) -
With creditors in hot pursuit, quickly sell your stock or
bonds in any publicly owned corporation. A judgment creditor can seize the
shares of stock or bonds that you do own.
(190)
Biz Infor-190.doc
-
Corporations, shield personal assets
(file) –
Here’s how to protect your
personal assets with an in-corporation rather than just protecting the
corporate assets from a personal bankruptcy.
(191)
Biz Infor-191.doc -
Corporations, S-type, a critique of
-
(file) –
Here are some additional
highpoints of an S-Corporations that will help you decide the right
legal/financial structure for your business.
(192)
Biz Infor – 192.doc -
Cost, business start
up -
(file) -
How much will it cost to
start up your new business?
(193)
Biz Infor-193.doc -
Counterfeit check Scams
- (file)-
The Federal Trade
commissions has warned consumers about a new scam involving counterfeit checks.
(194)
Biz Infor-194.doc
-
Create
a Chicago business branch office
-
(file) –
Increase your business by
having a Chicago presence or create some anonymity for your business and/or self
by having a Chicago mailing address.
(195)
Biz Infor-195.doc -
Credit – business, how to restore
- (file) –
A step-by-step guide for
fixing your poor to bad credit report and moving on.
(196)
Biz Infor-196.doc
-
Credit Card Factoring -
(file) –
Now you can borrow against
your future Credit Card Sales – and the best reason to use this source of
funding is that you don’t have to grovel at the feet of your banker because even
merchants who may be considered high risk for conventional funding can qualify.
(197)
Biz Infor-197.mht -
Credit Card Fraud, how big is the problem
-
(file)
- Any business that collects
payments of customer information online runs the risk of being targeted by
thieves. Indeed, merchants who maintain and regularly update their security
procedures for credit card data and processing seems to mitigate their risks.
Now discover how.
(198)
Biz Infor-198.doc
-
Credit Card Payment processing, choose the system that
fits -
(file) –
Businesses and Individuals have separate needs. “The bottom line is that a
small merchant has a lot of tough decisions to make in getting a business
online.”
(199)
Biz Infor-199.doc -
Credit Card Processing; how it all works
- (file) -
This is by far the most complex industry I have
ever been associated with for I always tell new employees to give themselves six
to nine months to become comfortable with the lingo.
Track a $100.00 purchase through the entire processing
system:
(200)
Biz Infor-200.doc -
Credit Cards
Replace Small Business Loans
- (file) -
As commercial loans become
harder to find, small business owners give in to aggressive credit card markets
and get slammed with 30% interest rates.
(201)
Biz Infor-201.doc
-
Credit
Cards that you want to toss
-
(file) –
Bank of America (and other
credit card companies) abruptly and recently notified cardholders in good
standing that their rates would skyrocket (28% and up) if they didn’t opt out
fast. Is BofA greedy or needy?
(202)
Biz Infor-202.doc - Credit Report, a free one
- (file) –
If you are intending to
apply for a business loan then you might as well know right up front the
condition of your credit so that you will have time to possibly resolve any
contested credit issues. Or, to give you enough time to figure out how to
explain away any your credit difficulties.
(203)
Biz Infor-203.doc -
Credit, five C’s of business lending -
(file) –
The widely used “Five C’s of
Credit” will also be addressed by most lenders in their credit analysis, and
buyers should be prepared to discuss how they meet each “C.”
(204)
Biz Infor-204.doc -
Credit.net -
(file) –
Try Unlimited Business
Credit Reports on 15.5 Million U.S. & Canadian Businesses. See this Website for
much more information.
(205)
Biz Infor-205.doc-
Creditor Attachment, how to legally dispose of cash -
(file) –
What can you do to protect
yourself from creditors & other sharks?
(206)
Biz Infor-206.doc -
Creditors,
safeguard important business information -
(file) –
If you are in financial
trouble, don’t inadvertently give creditors information that will improve their
chances for collection at the expense of your business.
(207)
Biz Infor-207.doc -
Crime Lawsuits
- (file) -
Small businesses
face problems from crime lawsuits - more and more victims are blaming owners for
inadequate security.
`
(208) Biz Infor-208.doc
–
Criminal Employee Records Search -
(file) -
You risk the success of your
business to employee crime every time you hire someone. Now……..a quick $39.00
pre-employment report may prevent a very costly hiring error - and discover who
the real people are whom you have entrusted with running your business.
(209)
Biz Infor-209.doc -Critical
(12) things to Know
-
(file) –
Investing in a franchise or
business opportunity is serious business. Therefore it makes good business
sense to make sure you know exactly what you’re getting into BEFORE you invest
in any opportunity. Here are 12 good questions to help peel away the layers of
uncertainty.
(210)
Biz Infor-210.doc -
Cross –
Collateralize Business and Bank and/or Real Estate Notes
- (file) -
If any of you Sellers are
financing a portion of your real estate and/or business equity, you want to
carefully review my real estate and business Purchase & Sale Agreement to
protect your interests such as cross collateralizing notes (either bank or real
estate notes) so that your buyer cannot pick & choose which note he or she will
pay…………..and establishing a “True Escrow” for further payment protection.
(211)
Biz Infor-211.doc -
Customer Retention
-
(file) –
Having the ability to make
fast, accurate decisions based on usable information is essential for customer
retention.
(212)
Biz Infor-212.doc –
10 - Commandants of good customer Service
- (file) -
Although this file does not
have anything to do with buying or selling a business, taking proper care of
your customer should nonetheless be one of your foremost considerations after
you have purchased a business.
(213)
Biz Infor-213.doc -
Dead dot coms -
(file) - Company
buys and sells unused inventories - there's lots of money to be made in taking
inventory off the hands of manufacturers.
(214)
Biz Infor-214.doc
-
Defining a Corporation
- (file) –
Take a look at this Legalzoom.com Website that should answer most of your
questions – but you’ll have to take this URL address to the Internet to find
out.
(215)
Biz Infor-215.doc –
Definition of an LLC
– Please check out the
definition of an LLC and compare it with a corporation, partnership and/or Sole
Proprietorship.
(216)
Biz
Infor-216.doc –
Depreciation (2005)
Rule #179 –
The only difference between deducting the cost and depreciating the cost is the
time of the deduction.
(217)
Biz Infor-218 -
Dex
Web Clicks -
(file) –
Dex Web Clocks guarantees
that customers will find you online.
(218)
Biz Infor-218.doc
-
Discretionary earnings, defined -
(file) –
Why be
concerned about this?
Because the N.O.I. (or loss) of a business may or may not reflect your future
business operation that may or may not have more or less expenses than the
previous owner. Hence, you must first “recast” or “restate” the expenses to
reflect your projected business expenses in order to protect your true cash flow
that will be at your disposal to pay debt service and officers salaries.
(219)
Biz
Infor-219.doc -
Done deals from $1-100 million.
Done Deals is a database of corporate transaction details for private and public
companies that have sold for between $1 million and $100 million. Now you can
click onto its Website or fax/write to this valuable information source.
(220)
Biz Infor-220.doc -
Don’t buy a business without real estate
- (file) –
A Korean would prefer to buy
a “bad business” with real estate over a “good” business with a long-term
lease. Discover why!
(221)
Biz Infor-221.doc -
Due diligence, Seller
- (file) - Written
for the Seller who needs to ascertain whether or not the Buyer is qualified.
(222)
Biz Infor-222.mht -
Due Diligence Small
Business -
(file) –
This file takes you to a
FindLaw Website – Select Contracts by Subject – then proceed to the Search
Window and type in “Due Diligence.”
(223)
Biz Infor-223.doc -
Due diligence, when
buying a business
- (file)
- Many people
misunderstand the true meaning of due diligence. To the misinformed, it is the
time when a buyer can check out a company’s financials. However, it goes way
beyond that. It is the stage of the business-buying process when a buyer can
really dig into the guts of a business and analyze every aspect of it.
(224)
Biz Infor-224.doc
-
Due Diligence -
(file) - This
superb file was prepared by a Texas attorney for a Fortt Business Guide buyer
who was desirous of purchasing a business located in Austin, Texas - @ a cost of
$375.00 per hour. The total legal fees for this document and the Stock Purchase
Questionnaire (below in this folder) amounted to $5,000 (+/-), including
consultation.
(225) Biz Infor-225.doc
- Early Possesson-1 -
(file) – There
are pitfalls for allowing the Purchaser an early possession, despite how
perfect & cozy everything seems to be.
(226) Biz Infor-226.doc
- Early Possession 2
- (file) -
Despite the pitfalls
of an early possession, my Seller client was recently adamant about allowing one
to occur. This has some Earnest Money verbiage and my thoughts about an
existing sale.
(227)
Biz Infor-227.doc
- Earned
Payout - (file) -
There may be times
when a sale can be saved, or held together, by the use of earn-outs. Here are
some reasons why it might be used.
(228)
Biz Infor-228.doc -
Earnest Money Deposits -
(file) -
This advises the Buyer about
how not to lose his deposit when the sale "goes down" and why the Seller needs a
strong commitment.
(229)
Biz Infor-229.doc - Earnings defined -
(file) - Did you
ever wonder what EBIT-DA, EBDT, Discretionary Earnings, DSC, SDCF, Owner's cash
flow and/or NOI meant? These and more are defined for you plus included is an
actual example (schedule) illustrating how you can determine the "True Cash
Flow" of a business after you have assumed ownership.
(230)
Biz Infor-230.mht -
Earnout format
-
(file) –
This file is shared with you
so that you know where to purchase a form for your “Earnout.” After reviewing
the $35.00 cost of this 18 page form (which surely is worth it) I realized that
the Fortt Business Guide CD of 1,000 files of forms & information is truly quite
a value in comparison.
(231)
Biz Infor-231.doc -
Earnout
Information -
(file) –
Earnouts are particularly
useful when the Seller has a limited history or unproven, but promising
prospects for revenue generation.
(232)
Biz Infor-232.doc
-
Earnouts in Business Acquisitions
- (file) –
Bridging the gap between
what a Seller believes a business is worth and what a Buyer is willing to pay
can be a formidable challenge. Differences of opinion between the Seller and
Buyer concerning the amount, growth potential and likelihood of future earnings,
create contentious negotiations regarding the true future value of a company.
(233)
Biz Infor-233.doc -
Earnouts, why have
them -
(file)
Earnouts are used for
various reasons as herein stated.
(234)
Biz Infor-234.doc -
EBITDA
- (file)
–
EBITDA is
an abbreviation for earnings before Interest, Taxes, Depreciation and
Amortization. Now discover how to calculate it and when to use this factor to
analyze the profitability between companies and industries. There is an EBITDA
Excel spreadsheet in the Business Forms folder.
(235)
Biz Infor-235.doc -
eCommerce Dictionary
Analytics -
(file) –
An effort to define and
explain specialized Internet Search Engine terms so that you may improve the
visit ability of your company’s Website.
(236)
Biz Infor-236.doc -
eCommerce fraud, build a human firewall
- (file) –
Hackers find the hole in the
human (business) firewall. What’s the biggest hole? It’s the illusion of
invulnerability.
(237)
Biz Infor-237.doc -
Electronic Data Backups
- (file) -
Your business should first
try out a free electronic data backup to test its usefulness.
(238)
Biz Infor-238.doc -
E-mail marketing, 25 exceptional business rules
- (file) –
To help you face these
challenges of shifting customer expectations, challenging new technologies,
evolving government regulations and other issues old-school direct marketers
never had to fact, Lyris compiled a handy list of 25 essentials you can employ
that will greatly improve your E-mail marketing initiatives.
(239)
Biz Infor-239.doc
- E-mail marketing, tips
for success -
(file) –
Use these five tips to get
maximum results from your E-mail marketing efforts.
(240)
Biz Infor-240.doc -
Embezzlement - (file) -
This will help
you strengthen internal controls to prevent embezzlement - what to watch
for……..and what to do to prevent internal loss.
(241)
Biz Infor-241.doc -
Employee discharge,
risks of -
(file) –
How to lower the litigation
risks of Employee Discharge.
(242)
Biz Infor-242.doc
- Employee Discipline and
Performance -
(file) -
Specific legal problems need
specific solutions. This article is a broad, general outline and is not
intended to provide legal advice.
(243)
Biz Infor-243.doc
-
Employee management, essential elements of
- (file) -
Planning and Goal-Setting,
organization, Direction, Training and Monitoring Progress.
(244)
Biz Infor-244.doc -
Employee or Independent Contractors -
(file) - Be
careful - paying "Independent Contractors" who are actually employees
could prove to be disastrous to the financial well being of your business; that
is, if the IRS catches you. I have provided you with a 20-factor test . . . .
is your "Independent Contractor" really an employee?
(245)
Biz Infor-245.mht -
Employee ownership –
E.S.O.P -
(file) –
Employee ownership appears
to increase production and profitability, and improve employees’ dedication and
sense of ownership. However, critics caution that democratic leadership can
lead to slow decision-making, and employee stock ownership can increase
employee’s financial risk if the company does poorly.
(246)
Biz Infor-246.doc -
Employees are your
greatest assets
- (file) –
Perhaps it’s time to
consider how to manage the risks related to your employees and how to identify
these risks.
(247)
Biz Infor-247.doc -
Employment Contract -
(file) - Maybe
you will pay the Seller a higher price via an Employment Contract if he sticks
around after the sale to help you learn his business operation, or until certain
new markets have been bought on board.
(248)
Biz Infor-248.doc -
Energy-Saving
Techniques for SMB’s -
(file) –
Making your small business
more energy efficient will not only save money, but also can lead to greater
comfort among staff and customers.
(249)
Biz Infor-249.doc -
Entity (Shares or Stock) Sale vs. Asset Sale
- (file) –
When buying or selling a
business, it is important that you make the correct choice.
(250)
Biz Infor-250.doc -
Equipment lists and
values -
(file) –
Be careful when you purchase
a business that you not pay too much for the equipment……….and what you see is
what you get upon possession.
(251)
Biz Infor-251.doc
-
Equipment Warranties
- (file) -
These warranties are contained in your business Purchase & Sale Agreement, yet I
felt that you might want to look over the verbiage prior to writing up an
Agreement just to make you aware & conversant of your equipment warranty
choices. It’s very important that what a Purchaser sees is what he will own
after a closing with no adverse surprises, disappointments and/or unforeseen
expenses. Believe me when I say these lines were written in blood from closings
that went from good to bad just over equipment because of a lack of
communication and/or Sellers who just changed once the sale closed out, i.e.,
forgot everything they reassuringly told the Purchaser during the “courtship.”
Sellers have amazing memory lapses over assets and earnings! And because of
those problems I spent considerable time creating these tight clauses. Also, be
very careful when you sign your closing papers at escrow so that the
“boilerplate” closing document verbiage does not undo what the Seller and
Purchaser had previously agreed upon in their Purchase & Sales Agreements &
Exhibits. Such as, “the Purchaser accepts the equipment in “as is” condition
and this agreement supersedes all other verbal and written agreements in which
the Seller had provided certain guarantees for X amount of time as to the
condition of the equipment.. That’s why my Purchase & Sales Agreement has a
clause that will prevent this from happening – a sample of this wording is at
the end of this file.
(252)
Biz Infor-252.doc -
Equipment, business write offs
- (file) –
Business Equipment
Write-offs Accelerated, at the top of this list is the “Hummer Loophole” that
allows accelerated expensing of all types of business equipment, including
business vehicles only is the gross weight is over 6,000 lbs.
(253)
Biz Infor-253.doc -
Escrow Process
Explained -
(file) –
When a Seller and a
Purchaser come together to transfer ownership of real property, most often the
transaction is closed through an Escrow firm that is a neutral third party
authorized to act as an Escrow agent and coordinate the closing activities. The
Escrow agent holds monies and legal documents on behalf of the Buyer & Seller
and handles them according to their instructions in order to close or complete
the sale.
(254)
Biz Infor-254.pdf -
Escrow, business – sample -
(file) – Here is a guide as to what
to expect from a Business Escrow firm from the Escrow Instructions per se’ to
open the Escrow to a Closing recap of your final closing papers.
(255)
Biz Infor-255.doc -
Escrow, closing without -
(file) -
Does anyone close without an
escrow? I am sharing a sad experience with you so when and if a Buyer becomes
adamant about closing without an escrow because there is "no need for one and
money can be saved," you can reflect upon an expensive nightmare – (for the
Seller).
(256)
Biz Infor-256.doc –
ESOP’s; preserve your
business legacy
- (file) –
An ESOP is an
employer-funded exit strategy for the owner & a benefit program created to hold
the company’s stock on behalf of employees.
(257)
Biz Infor-257.doc -
ESOPS, why use one?
- (file) –
Here are some points that
can be used in demonstrating why an ESOP just may be better than a sale, merger
or public offering, as well as a superior technique of corporate finance.
(258)
Biz Infor-258.doc -
Establishing Corporate Credit
- (file) –
Financing is a critical part
of a small business and almost always a very large concern for the owners.
Nothing is more important and vital to the health of a small business than
having the right financing in place.
(259)
Biz Infor-259.doc -
Evaluation
-
(file) –
Business Brokers were
recently asked how they arrived at a selling price of value; in other words,
which methods do business brokers use?
(260)
Biz Infor-260.doc -
Excess Earnings - (file) -
Here is an Excess
Earnings Formula to help you determine the value of a company from this
approach.
(261)
Biz Infor-261.doc -
Executive Retreats
- (file) –
Executive retreats are back
– in a big way. Discover how to rediscover the value of corporate retreats in
off-site venues.
(262)
Biz Infor-262.doc -
Expert Biz Advice -
(file) - Tools:
Free Trial of my Netsales.com - Find Franchises - Get a Micro Loan. Advice:
Home based Start-Ups - Designing your Web site - Get a Life!. Deals win $50k
Seed Money - Save of DSL Service. Finding a Host for Your Site. Barter Online.
Incorporate online. Expert Advice. Entrepreneur Daily. Business Financing.
Start-Up Ideas. Your Business Channels: Starting a home based Business, Money &
Finance, Sales & Marketing, Management, Technology, E-commerce, Opportunities,
Inventions, Lifestyle.
Etc., etc., etc.
(263)
Biz Infor-263.doc -
Export Business
- (file) –
The U.S. Dept. of Commerce
can help your firm create International Export Sales. Some Websites to click
onto………
(264)
Biz Infor-264.doc
-
Eyes on your business
- (file) –
You would like to believe
the image of your business is what you perceive it to be. Actually, the image
of your business is what your customers perceive it to be.
(265)
Biz Infor-265.mht
-
Facebook, selling on - Practical eCommerce
- (file)
– Facebook offers
eCommerce companies an opportunity to both market their products and connect
with their customers. Traffic to Facebook has increased by 149% from February
2008 to February 20009.
(266)
Biz Infor-266.doc -
Factoring, why it
works now -
(file) –
Usually cash is available
within 7 days or less with a minimum amount of paperwork.
(267)
Biz Infor-267.doc
- Family Business, selling
one -
(file) –
How to get the right price for a family-owned biz. As the owner of a family
business, the decision to sell will very likely be one of the more important of
your life both financially and emotionally.
(268)
Biz Infor-268.doc
-
Fast cash for your
failing business
-
(file)
– When creditors have grown anxious, a key objective should be to turn
unencumbered assets into cash as quickly as possible.
(269)
Biz Infor-269.doc
-
FICO Score need a new one.
-
(file) –
Learn the secrets known only by high powered attorneys who charge up to
$3,000.00 for the same service & advice.
(270)
Biz Infor-270.doc
-
Fight global poverty,
lend a buck
-
(file) -
Would you like to have your business make a small contribution towards ending
global poverty? Now you can discover how.
(271)
Biz Infor-271.doc -
Finance
your Business, Best Ways to -
(file) - Access
to capital often determines whether a fledging (or on going) enterprise succeeds
or dies.
(272)
Biz Infor-272.doc -
Finances,
fundamentals to a small business success
- (file) –
Use the crisis as an
opportunity to refocus and make the company more financially sound.
(273)
Biz Infor-273.doc -
Financial lingo of
2008 -
(file) –
Understanding today’s
economic terminology is a valuable asset.
(274)
Biz Infor-274.doc -
Financial Ratios
- (file) –
Here is an access to key
financial rations from hundreds of industries, sorted by both sales and asset
size. They show the top and bottom quartiles and the median for approximately
40 different balance sheet, income statement and activity ratios.
(275)
Biz Infor-275.doc -
Financial Reports with
Ratios -
(file) –
Investors/Bankers read a
financial report partially by using ratios to interpret profit performance.
This file gives you and overview of what you don’t know and knowledge where to
buy a book that you should keep on your business book reference shelf that will
give you a total explanation.
(276)
Biz Infor-276.mht -
Financial statements, 4 most important ones
- (file) –
As the title to this file
suggests, here is a breakdown of our 4 most common financial statements that
explains how to evaluate the financial condition of most any business that keeps
financial records.
(277)
Biz Infor-277.doc -
Financial Reports, an
understanding of
- (file) –
The 1929 stock market crash
and its aftermath plainly exposed the lack of accounting standards, as well as
many financial reporting abuses and frauds. Landmark federal securities laws
were passed in 1933 & 1934 that were the main impetus behind the continued
development of Generally Accepted Accounting Principles (GAAP) that prevails
today.
(278)
Biz Infor-278.doc -
Financing & Cash Flow
(1) -
(file) -
A big problem that
businesses have with handling their cash flow is defining what it is.
(279)
Biz Infor-279.doc -
Financing & Cash Flow
(2) -
(file) –
Here are instructions for
using the Excel Cash Flow Projections contained in the following file, i.e.,
Financing & Cash Flow (3).doc
(280)
Biz Infor-280.xls -
Financing & Cash Flow (3) -
(file) -
This is an Excel financial
projection cash flow statement from information communicated by management. (In
case this hyperlink does not work – the file can be found either at the top of
the Business Information Folder – or just below Financing & Cash Flow (2).doc)
(281)
Biz Infor-281.doc -
Financing choices, business
– (file) –
Here is a recap of
business financing choices
by title that you should become aware of. These are written out in detail in
your Purchase & Sale Agreement forms. Knowledge is power because these clauses
will enable you to become creative in financial structuring thereby perhaps
creating opportunities for yourself that you never thought possible, even
converting a financially weak buyers to a strong ones. I have separate
financing choices for both real estate and business acquisitions. Sellers
should be aware of these as well.
Choose which one best
satisfies your needs then when you visit your Real Estate PSA (Purchase & Sale
Agreement) you can delete the remaining ones.
(282)
Biz Infor-282.doc -
Financing for your
acquisition -
(file) –
Although different lenders
specialize in making certain types of loans, in this article you discover some
of the common principles, steps & formulas used in this process.
(283)
Biz Infor-283.doc -
Financing is all about
cash flow -
(file) -
A big problem that businesses have with handling
their cash flow is
defining what it is. All other problems branch from that definition.
(284)
Biz Infor-284.mht
-
Financing the Deal
-
(file) –
It’s fairly simple to get the money you need to buy an existing business. It’s
far simpler to get the money you need to buy an existing business than it is for
a start up. Most people simply don’t realize how to do it. Don’t get the wrong
idea: you’re not going to buy a business, at least a good one, with no money
down. That’ only happens in the infomercials.
(285)
Biz Infor-285.mht
- Find a
business Lawyer database
- (file) –
Search FindLaw's database of 1,000,000 lawyers
to find attorneys in your area.
(286)
Biz Infor-286.doc
-
Firing people, don’t be a
jerk
-
(file)
–
Executive coaches say small-business owners in particular could use a lesson or
two in easing the pain of firing employees, since they often don’t have an in
house human resource adviser.
(287)
Biz Infor-287.doc -
Fixture law, 5 rules of -
(file)
-
When does Personal Property become Real Property? When a dispute arises whether
or not an item is included in a home (building) or business sale, the courts use
five rules to decide.
(288)
Biz Infor-288.doc -
Flyer (1), promotional -
(file) - Produce
your own flyers……to locate businesses and Buyers.
(289)
Biz Infor-289.doc -
Flyer (2), promotional -
(file) - This
is a sample flyer that I just created for a Tacoma restaurant that I am
attempting to market to an owner of an existing Italian restaurant/lounge in the
King County (Seattle) area.
(290)
Biz Infor-290.doc -
Flyer (3), promotional -
(file) - Here are
a few sample flyers that I successfully used to sell some buildings and
businesses. Unfortunately, the OCR scanning concept still needs perfecting.
(291)
Biz Infor-291.doc -
Flyer (4), promotional -
(file) - This is
a promotional flyer that I use in my Business Broker business, kind of a "show &
tell" explaining my services. Just some formatting ideas for you.
(292)
Biz Infor-292.doc -
Flyer (5), promotional -
(file) - This is
my most recent flyer that I used in conjunction with promoting a 1/2 million
dollar lounge/restaurant/gaming business in Ocean Shores, WA. The owner of this
business didn't care about Confidentiality. This was mailed to 45 existing
casino operators in the State of Washington…….with several excellent responses.
(293)
Biz Infor-293.doc
-
Foil Check Fraud
- (file) –
Prevention and vigilance are
a business owner’s best weapons against fraud. Herein discussed are some
powerful weapons to make replication and forgery more difficult.
(294)
Biz Infor-294.doc -
For Sale by Owner
(Business) -
(file) –
Unlike a residential sale
where “the more people who know the better,” a business sale must be conducted
in confidence in order to protect the ongoing viability of the business asset.
(295)
Biz Infor-295.mht -
Forget the asking
price -
(file)
– Whenever you look at a
business purchase, keep in mind that EVERYTHING is negotiable, especially he
price. If it’s the right business for you, then solid negotiating skills can
adjust any Seller’s thinking.
(296)
Biz Infor-296.doc -
Franchise & Business Opportunity Shows
- (file)
- North America’s Leading
Producer of Franchise & Business Opportunity Events – find out where by clicking
on their Website.
(297)
Biz Infor-297.mht -
The Franchise Buyers Network -
(file)
helps people like you find
the perfect Franchise Opportunities of Business Opportunities.
(298)
Biz Infor-298.doc -
Franchise Connection -
(file) – “No
other franchise consulting organization has as much experience and as much
success in helping prospective franchisees find businesses. No one!” Now you
can click directly to their Website and find out for yourself.
(299)
Biz Infor-299.doc -
Franchise documents, unfair provisions to watch
for
- (file) –
The fact that thee is a
notice of this offering on file with the attorney general (Michigan) does not
constitute approval, recommendation, or endorsement by the Attorney General.
(300)
Biz Infor-300.doc -
Franchise Funding.doc -
(file) - Here is
a source of franchise financing that does not require outside collateral nor
your 1st born as security - just the core assets of the franchise
sale.
(301)
Biz Infor-301.doc -
Franchise Information-1 -
(file) - Shows
you how to order a "Consumer Guide to Buying a Franchise" from the U.S.
Government for a small charge of $21.00 - call 1st for exact price.
(302)
Biz Infor-302.doc -
Franchise Information-2 -
(file) -
Get ‘em while they’re
hot! That is, a 1998 Franchise Annual Directory – points the way for
you to order one, where and how much.
(303)
Biz Infor-303.doc -
Franchise Information-3 -
(file) -
Franchises are way into business for many entrepreneurs. Part of the appeal of
franchising is you don't have to go through the trial and error that the mom and
pops do or that of taking over a business from someone who has "done things his
way."
(304)
Biz Infor-304.doc -
Franchise Information-4 -
(file) - Before
you buy a franchise, here are 15 Questions to Ask Your Franchiser.
(305)
Biz Infor-305.doc -
Franchise Information-5 -
(file) - The
International Franchise Association (IFA) is a good source of information. Now
you can click on to its Web site.
(306)
Biz Infor-306.doc -
Franchise Opportunity Journal -
(file) - Point &
Click to the nation's largest journal specializing in business opportunities,
franchising and investments in the United States & Canada.
(307)
Biz Infor-307.mht -
Franchise Zone
- (file) –
For more information about
buying a franchise – review listings of them and everything discover everything
about buying and operating one then you must to see this Entrepreneur Magazine
Website.
(308)
Biz Infor-308.mht -
Franchise, 10 reasons
to buy -
(file) –
Are you thinking about
buying a franchise but you are not sure if the idea is a good one? Here are 10
good reasons to go ahead and pursue your dream of owning a successful business.
(309)
Biz Infor-309-mht
-
Franchise, a U.S. Dept. of Commerce Consumer Buying Guide
- (file) –
Want to be your own boss? A
franchise or business opportunity may sound appealing, especially if you have
limited resources or business experience. However, you could lose a significant
amount of money if you do not carefully investigate a business before you buy.
The Federal Trade Commission’s Franchise and Business Opportunity Rule requires
franchise and business opportunity sellers to give you specific information to
help you make an informed decision.
(310)
Biz Infor-310.doc
-
Franchise, how to buy an existing
one -
(file) –
Franchises can be a good
place to begin your entrepreneurial career. If you want to greatly improve your
chances of success then buy a franchise resale. Take advantage of one that’s
already established and successful, except you will pay more (owner’s Goodwill)
for this opportunity than if you were buying a “start up,” i.e., new franchise
offering.
(311)
Biz Infor-311.doc
-
Franchises, never to old for one
- (file) –
Retirees, older workers find
new ways to survive downturn – but do research first!
–
This is a book “review about
how to buy a Franchise – it will help you turn opportunity into reality!
(312)
Biz Infor-312.doc -
Franchise, selecting one -
(file) - When
selecting a franchise, carefully consider a number of factors as set forth in
this file.
(313)
Biz Infor-313.doc
-
Franchise, 20 Questions to Ask
Existing -
(file) –
Thinking of buying a
franchise? Well, it might not be a bad idea to talk with some existing
franchises to see if the parent organization is just “smoke &
mirrors.” Here are 20 good questions to ask.
(314)
Biz Infor-314.doc -
Franchises, 2000 of them -
(file)
-
Have you ever dreamed of
owning a franchise business? Look no further………everything you need to start
your own a franchise is located at this site - just "click onto it."
(315)
Biz Infor-315.mht -
Franchise, advantages & disadvantages of owning
one - (file) -
When considering life as an
entrepreneur, it is important to understand the definitions of a franchise,
business opportunity and a start-up business. /there are, of course, advantages
and disadvantages to each style of business. In this article I will discuss the
advantages and disadvantages of owning a franchise.
(316)
Biz Infor-316.doc -
Franchises, pricing of
one -
(file) –
Here’s a listing of
franchises along with pricing formulas for each one based upon industry
standards, i.e., % of Gross Sales.
(317)
Biz
Infor-317.mht -
FranchisESource Brands
International
- (file) –
This is a synergistic
network of related franchise brands that awards franchises to entrepreneurs and
those who desire to become one who prove themselves to be capable of achieving
exceptional income, lifestyle, wealth, and equity by operating one of our highly
successful franchise business models. In today’s job market who really knows
what tomorrow will bring? Take charge today!
(318)
Biz
Infor-318.mht -
Franchising, from
Wikipedia -.
(file) –
Franchising refers to the
methods of practicing and using another person’s business philosophy that the
Franchisor grants to the Franchisee for a fee. Read much more…..
(319)
Biz Infor-319.mht -
Franchises, 19
frequently asked questions
- (file) –
A fine source of valuable
information borrowed from a prominent franchise association Website.
(320)
Biz Infor-320.doc -
Franchising, International Association’s Website
- (file)
– If you are interested in
Franchising opportunities here is a Website that is loaded with information
pertaining to 1,200+ franchise opportunities, member resources, and general
information about franchising.
(321)
Biz Infor-321.doc -
Franchising, worth the
investment -
(file) –
Network marketing is the
vehicle that will generate many of the nation’s new millionaires over the next
ten years.
(322)
Biz Infor-322.doc -
Fundamentals – the Key to Small Business Finances
- (file) –
Find ways to control
expenses to reduce the burden on your cash flow.
(323)
Biz Infor-323.mht -
Funding (401-K or IRA) for Business Opportunities
- (file) –
This funding option allows
you to start your business or franchise with minimal (if any) debt, provides you
with significant tax benefits, and helps pave the way to a successful business
future. To qualify for this type of funding option, you should have $50,000 or
more in an IRA, 401(K) or other retirement account structure.
(324)
Biz
Infor-324.doc
-
Get smart about running your business
-
(file)
- Knowledge and use of these
principles stated herein could likely mean the difference between success and
failure of the business itself.
(325)
Biz Infor-325.mht –
Understanding
six workplace personalities
– Take a look at the different personality types stated herein this file;
identify your colleagues and direct reports, and use their personality strengths
to drive results in your organization.
(326)
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