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Podcast S3E61 – FB Live 72 – Selling your business – Prepping your team for a successful sale, part 5

It’s easy to want to check out when you’re ready to sell your business, but making sure you have a team in place to help with a smooth transition is an essential part of the sale process.

In this episode I talk about important questions to ask and preparing your team for the sale of your business:

  • Important things to consider when thinking about who will run the business after you sell
  • Terms to have in writing if you plan to stay on after the sale to help with the transition
  • Why you might be required to sign a non-compete agreement
  • Making sure your trade secrets are protected by nondisclosure agreements
  • The right time to let your key employees know about the sale of your business
  • Making sure your employees and independent contractors are appropriately qualified before you sell
  • What you need to know about your independent contractor contracts before you sell

Key takeaway: Taking a step back from your business can be a stressful process, but with the right people and protections in place, you can confidently move on to your next adventure.

Additional resources:

Contract templates: https://awbfirm.com/contract-templates/

Episode 12: https://www.awbfirm.com/podcast12

Episode 37: https://www.awbfirm.com/podcast37

This podcast is information, not legal advice specific to your situation.

October 25, 2018

Podcast S3E60 – FB Live 71 Preparing your business for sale or investment, Part 4 – Valuation

If you’re a business owner, it’s easy to get caught up in the month-to-month or year-end numbers. But when it comes to putting a price tag on it, how are you supposed to figure out what your business is worth?

I’m joined by Shannon Farr, CPA of Scenic City Consulting, who’s an expert in all things business valuation.

Shannon and I talked about the three standard business valuation approaches and more:

  • How to figure out your business’s value if it owns a lot of intangible assets (like copyrights, trademarks, and trade secrets)
  • Why you might need to do your own due diligence inside your business before the valuation process
  • Why the Income approach is the most popular way to calculate a business’s value
  • What you need to do now if you may be looking to sell or take an investor in your business in the future
  • Why it’s difficult to compare your small business to other similar businesses in the market
  • Important things to discuss with your CPA if you’re preparing to sell your business
  • How getting an independent valuation is kind of like an appraisal for your business
  • Why you shouldn’t be afraid of business valuation as a small business owner

Key takeaway: Business valuation might seem like an avoidable expense, especially if you’re a small business. But placing the right value on everything you’ve worked to build can help you make sure your exit from the business is a positive one, so you don’t leave money on the table.

Visit www.awbfirm.com/podcast60 for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit.  You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Additional resources:

Shannon’s company Scenic City Consulting: www.sceniccityconsulting.com

Heather Pranitis, Number Nerd Bookkeeping Solutions: www.numbernerdbookkeepingsolutions.com

This podcast is information, not legal advice specific to your situation.

October 17, 2018

Podcast S3E59 – FB Live 70 – Preparing your business for sale or investment, Part 3

Are you thinking about selling or taking an investor for your business?

While we hope if you’re thinking about selling, it’s so that you can retire to the Maldives, whether for good or bad reasons, selling a business can be a stressful process. But a little planning and preparation now can make for smooth sailing when the moment to sell (or invite investment) arrives.

In this episode we cover the three main types of transactions and considerations for each:

  • What are the assets and liabilities in your business?
  • An asset sale – and why this can be more complicated than other types of transactions
  • A stock or membership sale – and possible pitfalls
  • A merger – and why getting a CPA or tax expert involved early is crucial when considering a merger
  • Why it’s important to understand what your business actually owns before you start negotiating a transaction or investment (and a free resource to help with this!)

Key takeaway: There are many ways to structure a sale or investment transaction. Figuring out what assets and liabilities your business owns with a trusted legal and financial advisor can help you make sure you’re not leaving anything on the table.

Sign up below to get a free 5 Minute Intellectual Property Audit.  You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Additional resources:

5 minute IP audit: www.awbfirm.com/podcast

This podcast is information, not legal advice specific to your situation.

October 10, 2018

Podcast S3E58 – FB Live 69 – Prepping your business for sale or investment: Due Diligence

Due diligence might possibly be the two most boring words in legal jargon.  In plain English, this is the process where a potential buyer or investor evaluates a business to decide if a deal makes sense.

This step is essential when you’re looking to buy, sell, or invite investment into your business.

In this episode, I talk about what to expect during due diligence, and how you can prepare:

  • Who pays for due diligence? (and why you might want to consider a good faith deposit during negotiations)
  • The important reasons you should use an NDA – nondisclosure or confidentiality agreement
  • The different types of documents you’ll be asked to provide
  • Why you might be required to produce your tax returns or bank statements and other financial records
  • Why you need to make sure that contracts with your key business relationships are in order
  • How protecting your intellectual property now could mean a bigger profit if you decide to sell down the road

Key takeaway: Not having your legal house in order can kill a buy/sell or investment deal in an instant. Preparing for due diligence with a trusted attorney and tax advisor can help ensure a successful transaction or agreement.

If you need an NDA (nondisclosure / confidentiality) agreement like the one mentioned in this episode, be sure to check out our contract template store: https://awbfirm.com/contract-templates/  Our templates are fully customizable by you and available for immediate download!

Additional resources:

Legal Road Map® episode 43 with bookkeeper Heather Pranitis:  https://www.awbfirm.com/podcast43

Emily Ramsey with J. Smith Lanier in Chattanooga, risk management and insurance for large or high-risk companies, regardless of your location: https://www.linkedin.com/in/emilyramsey14/, http://www.jsmithlanier.com/

5 minute IP Audit worksheet: http://awbfirm.com/podcast

Contract template store: https://awbfirm.com/contract-templates/

This podcast is information, not legal advice specific to your situation.

October 3, 2018

Podcast S3E57 – FB Live 68 Preparing your business for sale or investment, Part 1

Are you considering selling your business, stepping back from it, or thinking of taking on a partner or investment to grow it further?

Learn about many steps you can take early on to set yourself and your business up for success down the road when you’re ready for an exit, in this month’s series of podcast episodes.

In this episode, I cover the legal basics you need to have in place before even thinking about leaving or stepping back in your business:

  • The importance of making sure your contracts are airtight (and a resource to help if you’re not sure yours are)
  • Why your contracts need to be regularly revisited, especially if an exit is on the horizon
  • The importance of choosing the right corporate entity
  • Getting a handle on your business’s intellectual property assets with an audit or inventory

Key takeaway: A little preparation before you’re ready to sell or take on a partner or investor in your business will take time and financial resources.  But if you’re planning to build your business to sell it so you can lounge on the beach with a cocktail in your hand, or take on investment so you can grow your business to the next level, planning for the future now has its benefits.

Visit www.awbfirm.com/podcast57 for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit.  You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Additional resources:

Forbes.com article about Autumn: https://www.forbes.com/sites/kellyhoey/2018/09/20/podcasting-and-working-with-influencers-is-how-this-attorney-is-scaling-her-practice/#3199465331f5

AWB Firm Legal Road Map® checklist: www.awbfirm.com/checklist

Small Business Administration: www.sba.gov

SBA checklist: available for download at www.awbfirm.com/podcast57

Customizable contract templates for online businesses: https://awbfirm.com/contract-templates/

This podcast is information, not legal advice specific to your situation.

September 27, 2018