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Six Important Tips for Doing Business with Family

We see family businesses fail miserably, and we see them achieve extreme success. Doing business with family members might be a good decision or a bad one; each family is different. If you’re considering doing business with your family members, you certainly want to be on the winning side. Family businesses that succeed do so because they remember these six important tips. Remember them, too, and you’ll have a much better chance.

Closing A Business Deal

Don’t Expect Them to Change

You know your family members extremely well, and you know all of the good and not-so-good aspects of their personalities. And you must realize that their personalities won’t change. While it won’t always be difficult to separate the business from the personal, don’t expect your stubborn uncle to agree with you easily or your timid sister to stand up to unruly customers. Use your close personal knowledge to your advantage, and play to each family members’ strengths rather than weaknesses.

Remember that You’re Still Family

No matter what happens with your business, you will always remain a family. Your family should be most important. When things in the business get difficult, try your best not to let it ruin the family holiday parties or vacations. Remember your commitment to and love for your family that should always persist despite any business difficulties.

Don’t Be Afraid to Say No

When you respect your family members and love them so much, it can be hard to vocalize disagreement or dissatisfaction. You can’t be afraid to stand up for yourself or to say no, no matter how much it may hurt someone’s feelings. You have to put the success of the business above family emotions.

Put Employment Agreements in Writing

Don’t just assume that your family members understand their roles in your business or trust them to follow through with their responsibilities. If you have family members as employees, put the employment agreement in writing just as you would for anyone else. This will help make expectations clear and help you avoid any conflicts over related matters.

Put a Dissolution Plan in Writing

You should discuss with your family what will happen to the business if someone dies or if it fails. It’s never fun to plan for the worst, but it’s necessary. There needs to be a clear plan about the future, and you need to prepare for any difficult obstacles. It’s better to get an agreement in writing now than argue over decisions at the time they need to be made.

Put Everything in Writing

You have your employment agreements in writing, and you’ve written down a dissolution plan. While you’re at it, put absolutely everything else in writing, too. With family, it’s easy to be very trusting and assume that everything is understood. But that’s how family businesses get into trouble. Document loan amounts, business decisions, salaries, and anything else that could ever be disputed because it’s only your word against theirs. No matter how much you trust your family, document everything just in case.

Hunter Leigh is a business major at the University of Texas who loves to spend his free time writing for blogs. He never writes without the help of a grammar checker to proof his work as he struggles to make his text abide by all the grammar rules without its aid.

When Will You Need A Small Business Attorney?

You may not consider all the legal issues that you may face when you’re a small business owner. When a small business opens their doors, whether you have a home based business, do yard work on the weekends or own a consignment shop, if you are making money, your will need a small business attorney. And if you’re in need of one, no matter the location, whether it’s a San Francisco, Phoenix or Denver business attorney, there are some things you should know.

When the doors are opened for business, a lawyer’s services are needed. You will definitely want to have these services if you are going to have a partner to make sure everyone is protect and all the paperwork is in place to help define the partnership. Also, even a small business should be incorporated. While this complicates the tax and accounting situations a bit, but being incorporated, whether as an INC or a LLC provides protections for the business owners.

These protections include being sued for liability issues. As an example, if a patron slips and falls in your place of business, they would only be able to sue the corporation. And because the business itself is seen as a “legal person”, this prevents the owner from being sued. These are things that business attorneys understand as a part of their daily work that the average small business owner may not have an inkling of.

It is good to talk to a small business attorney for the best way to start a small business instead of just diving in head first. This not only provides those protections outlined above but enables you to prevent problems later. Not only with liability issues, but insurance, making sure all of the accounting and payroll systems are in place, ensuring contracts and other paperwork is in place and making sure the business is set up to handle taxes properly.

It isn’t too late if your small business is already open to incorporate. Check with a small business attorney and see what kinds of protections you as a small business owner will enjoy by incorporating. If you have a business that caters directly to the public or is a partnership then there are legal ramifications that you may not have considered and that a small business attorney can guide you through. Taking care of your small business with the help of a lawyer gives you the opportunity to grow that business for your future.

Explanation of LLC – What is an LLC, Why Create One, and How to Do Setup?

Explanation of LLC – What is an LLC, Why Create One, and How to Do Setup?
By Stephen Nelson

The limited liability company option still generates questions and confusion among business owners, entrepreneurs and investors, and that’s too bad. One can rather easily provide an explanation of the LLC by answering three questions: what is a limited liability company, why should one contemplate the LLC option, and how does someone setup an LLC or limited liability company:

What is an LLC?

An LLC is a legal fiction created when someone (perhaps you) files some paperwork with the appropriate state agency asking for permission to create a new limited liability company. If the state grants you permission-which it will if you do the paperwork right–you or you and your partners now own an entity that can do a bunch of stuff that, normally, only human beings can do.

This sounds confusing, but consider the fact that your dog can’t sign contracts. Nor can your dog own property. Nor can your dog earn income or borrow money.

In a similar fashion, a comfortable leather chair that sits in your living room also can’t do these sorts of things–sign contracts, own property, earn income, borrow money and so forth. Generally speaking, only people can do these types of things.

The LLC however is an exception to this general rule. An LLC, once it exists, can sign contracts. The LLC can own property. The LLC can also earn income and borrow money–and pretty much do all of the business-y things that a regular human being can do.

Why Setup an LLC?

People setup LLCs, or limited liability companies, for two reasons: liability protection and tax planning.

The liability protection angle is perhaps the easiest to understand: If you operate some business or hold some investment, you can be liable legally for bad things that happen in the business or in the investment by virtue of your ownership. If the business borrows money and then can’t repay the money, for example, you by simple virtue of your ownership may be forced to pay off the borrowed money.

If you own a business or investment through an LLC, however, you aren’t liable for the debts or obligations of the LLC merely because you’re an owner or co-owner. In other words–and this is the part of all this that’s fiction–state laws will say, “Oh, no, it’s not Joe that owes the money. It’s Joe’s LLC… “

Note: A corporation legally protects business owners and investors in the same manner that a limited liability company. The people who own the shares in the corporation are not simply by virtue of owning those shares legally obligated for the debts of the corporation. As with an LLC, the law considers the corporation to be legally separate person.

Limited liability companies also produce some unique tax planning benefits–specifically the ability to have an investment or business taxed in whatever saves the most tax. For example, an LLC can be disregarded as a separate taxpayer if that makes sense (which means its income and deductions get reported on its owner’s tax return). And an LLC can be treated as a regular corporation or as an S corporation for tax purposes.

How Does Someone Create an LLC?

Procedurally, you create an LLC by filing articles of organization, also sometimes know as articles of formation, with the secretary of state in the state where you’ll operate your LLC. For instance, to create an LLC in California, you file articles of organization with the California secretary of state.

The articles typically name the LLC, identify what the LLC will do, and name the registered agent (a real human being) whom the state can contact if it has questions.

Tip: Most though not all states’ secretary of state websites provide downloadable forms you can use to provide the articles of llc formation information.

In addition to the articles, people usually create an operating agreement. Akin to a partnership’s partners agreement or a corporation’s bylaws, the LLC operating agreement provides the rulebook for the limited liability company’s activities and specifies how the owners of the LLC operate the LLC.

Finally, in cases where the LLC will employ people or will have multiple owners, the LLC needs a taxpayer identification number from the Internal Revenue Service.

Experienced entrepreneurs and investors as well as small business people operating on a tight budget can often setup an LLC on their own. However, commonly business people and entrepreneurs also work with a paralegal service (if all they do is document preparation) or with a local attorney or accountant (if they need legal or tax advice).

Seattle CPA Steve Nelson occasionally teaches the LLC versus S corporation graduate tax class at Golden Gate University. He’s also the author of the LLCs Explained FAQ article, Explanation of an LLC and the FAQ article, LLC vs LLP.

Article Source: http://EzineArticles.com/?expert=Stephen_Nelson

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