Assignment and subletting. Startup companies should negotiate enough flexibility in the assignment and subletting clause to allow for mergers, reorganizations, and share ownership changes. Watch out for a clause that says a change in more than 50% of the company’s stock ownership will be deemed an assignment that is prohibited without the landlord’s prior approval. As your company grows and new people invest in it, this clause can be inadvertently triggered.
Loans are made by StreetShares investors, who bid on loans for companies. The more appealing your business idea is to investors, the better your loan options. It only takes a few minutes to see if you qualify for a loan. Once you are approved, your loan will get bid on by competing investors. The competition process lasts from one to four days, and then it takes another day or two for the money to get deposited into your account. In total, the process of getting a loan through StreetShares takes about a week.
"Accountants can be an important source of advice for small business owners. That's why Bizfi has partnered with the National Directory of Certified Public Accountants," says Stephen Sheinbaum, CEO of alternative lender Bizfi. "But there are many other places to find good people to talk to, such as the Service Corps of Retired Executives (SCORE), a free mentoring service that is supported by the Small Business Administration."
Qualifying for an SBA loan as a new business isn’t easy. You generally need to have a strong credit score (ideally above 680), some collateral, and a 10-20% down payment. However, a large percentage of SBA loans go to franchises because lenders can easily access loan performance data for franchises and predict the franchise’s ability to pay back the loan.
Outside of the typical startup costs, there are different costs that are unique to franchise businesses. First is the franchise fee, an upfront fee to the franchisor for the right to use the company’s branding and model. It can be paid in a lump sum or in installments, and varies widely by industry and company. It will likely to be at least $10,000 – sometimes substantially higher – and is typically nonrefundable. Franchisors are also likely to charge recurring royalty and marketing fees – usually arranged as a percentage of sales at the franchisee’s store – usually 4 to 8 percent for royalties and 2 to 4 percent for marketing.
Some franchising companies run their own franchise financing programs that help franchisees get in the door. Program offerings and requirements vary by franchisor, with such options as limited-term loans, reduced license fees or reduced royalties, and minority stake ownership by franchisors. Some companies, like Ace Hardware, offer financing to existing franchisees to open a new store or buy out a competitor.
You can arrange to borrow from ordinary commercial banks or credit unions for your new venture. According to the Small Business Administration (SBA), new franchise owners have a higher tendency to borrow from commercial banks than new business owners. Lenders prefer advancing cash to new franchises over other new businesses since they already have trust in the brand and business model of the business being funded.
If you are using the web to help you acquire a loan, beware of "Free" services, sites not certified by TRUSTe or sites with poor Better Business Bureau ratings. These sites may just want your contact information which they then sell to brokers and lenders. It is not a very efficient way for you to get financing and may lead to wasted time, money and calls from unsavory and unqualified sources. Also, make sure there are no hidden fees that either you or the lender will need to make - or guarantees that you will receive a loan.
Dana is a founding partner of TechLaw, LLP, where his practice focuses on trademark prosecution and licensing, copyrights, and business transactions. He is also adjunct professor of law at the University of San Diego School of Law, where he has taught IP Survey, and helped launch the IP Law Clinic. His expertise includes a broad base of intellectual property law that covers copyright, trademark, patent, trade secret, and international intellectual property. Dana has filed, managed, and prosecuted thousands of trademarks over the course of his law practice career. He has represented clients in numerous trademark infringement actions, as well as cancellations, oppositions, and appeals before the Trademark Trial and Appeal Board.
An important step in forming a new business is to determine the type of business structure that you will use. There are several business structures to choose from, including sole proprietorship, partnership, corporation, limited liability company and limited liability partnership. Each has advantages and disadvantages as well as tax consequences of which you should be aware. You must decide which of these structures best suits your business objectives and needs. The Secretary of State cannot advise you on choosing a business structure. For help in making this decision, you may wish to consult a tax practitioner, accountant or attorney.
If you are under age 59 and your IRA is one of your largest assets, you still may be able to take advantage of this avenue without accruing the 10-percent penalty associated with early withdrawal. By taking Substantial Equal Periodic Payments spread over a minimum of five years, based on your life expectancy, and a set of annuity tables published by the IRS, you can eliminate the 10-percent penalty, although the money is still taxable.
Online lenders: While you may lack collateral, run a new business and need money quickly, you may find that an online lender is your best option. In general, online lenders should be a “last resort.” The average APR for online loans can be as high as 108 percent, making it difficult for small businesses to pay the money off before the debt balloons.
There is no one right answer to the question of how equity should be divided among a company’s co-founders. But everyone involved should discuss this issue and come to an agreement up front to avoid misunderstandings later on. If you are the original founder and brains behind the idea, a good argument can be made for more than 50% ownership. The split should take into account the following:
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