If you start your company with co-founders, you should agree early on about the details of your business relationship. Not doing so can potentially cause significant legal problems down the road (a good example of this is the infamous Zuckerberg/Winklevoss Facebook litigation). In a way, think of the founder agreement as a form of “pre-nuptial agreement.” Here are the key deal terms your written founder agreement needs to address:


Business to business companies can usually access financing more easily than companies that deal with consumers directly. In this type of scenario, you can use your clients' invoices to obtain financing from lenders. The process of obtaining cash advances using your clients’ invoices is called factoring. The factor takes the role of collecting the full amount owed to you by your client, then deducts the amount advanced to you and any other fee then pays you the balance. 

Also make sure you have a structured process for setting measurable objectives, reviewing your progress, and adjusting the objectives or setting new ones. A good way is to keep a simple monthly checklist of the most important items. All of this should be driven by your overall business plan (you do have a business plan, don’t you?), and you should use the data you collect to help you keep the plan constantly updated.
If you identify areas of weakness, you’ll need to make a plan for dealing with them. If you don’t have a head for figures, perhaps you could partner with someone who does. Or you could hire an accountant, or improve your own skills by checking out some of our super-simple accounting tutorials or doing other training. If you’re no good at designing websites, hire someone to do it for you.

Business loans. For larger investments, it may be time for a term loan. Like a mortgage or personal loan, term loans come with fixed interest rates and monthly payments over a period of years. Unlike a line of credit, a business loan will provide you with a large sum of cash upfront. These loans can be ideal for expanding your space or funding other large investments.
Startups requiring a lot more funding up front may want to consider an investor. Investors usually provide several million dollars or more to a fledgling company, with the expectation that the backers will have a hands-on role in running your business. Alternatively, you could launch an equity crowdfunding campaign to raise smaller amounts of money from multiple backers.

Aira, business debt is a different animal than consumer debt. It’s one thing to go into debt buying nice furniture, big tvs, vacations, etc. It’s another thing to go into debt to get bulk inventory discounts, finance equipment, expand restaurant seating, or anything else that will turn $1 of debt into $2 of revenue, for example. That’s what business loans are typically used for.
You can also offer to pay interest, which shows you are serious about making your business successful. Your family should charge at least the applicable federal rate, which you can find at the IRS website: https://apps.irs.gov/app/picklist/list/federalRates.html. However, if they want to charge more, make sure they don’t go over your state’s maximum interest rate, which you can find online.
A franchise merchant cash advance (MCA) is a short-term loan that provides capital to franchises that need funding quickly. Approval for a merchant cash advance can take a matter of minutes, and funding can be completed in as little as 24-48 hours. Merchant cash advances work by having a funding company purchase a portion of your franchise’s future receivables at a discount, with an upfront payment to the franchise. After funding the funding company will then collect repayment by splitting each days credit card batches with the franchise.

Trade Secrets. Trade secrets can be a great asset for startups. They are cost effective and last for as long as the trade secret maintains its confidential status and derives value through its secrecy. A trade secret right allows the owner of the right to take action against anyone who breaches an agreement or confidential relationship, or who steals or uses other improper means to obtain secret information. Trade secrets can range from computer programs to customer lists to the formula for Coca-Cola.
A ROBS isn’t a loan, so there’s no debt or interest to pay back. This lets ROBS-financed franchises conserve more of their income, and as a result, they may be more successful in the long run. You do have to pay monthly administration fees when you do a ROBS, but compared to a loan the monthly fees are about 11x cheaper! This sets you up for a greater chance at long-term success than other financing methods.
Shelton recommends meeting with a loan officer a few weeks to a month ahead of time to personally meet the loan officer and find out if the bank is currently interested in lending the type of loan you are looking for: “You want the loan officer to be on your side,” Shelton explains, because the loan officer usually doesn’t have the approval level to say yes to a loan.
The first step in applying for a franchise loan is making sure you are well-prepared before you connect with a lender. This means that you should have identified the franchise you wish to pursue, and should have your supporting documents and loan package organized and available when you engage with lenders. The goal is to make a solid first impression to show that you are prepared and will successfully put the lender's money to good use and can be trusted to repay the loan. Accessing capital to start your business is perhaps the most difficult step in the start-up process. An online service like BoeFly.com, (we specialize in franchise finance - see what franchise brands have to say about BoeFly) or working with a financial adviser can help prepare you to address any deficiencies within your loan package. Loan brokers will typically cost you a $2000 packaging fee or more, and they may charge the lender a fee of 1-2% of the loan amount, which may come back to you as a hidden cost in the closing costs or in increased interest rates. In contrast, BoeFly has several plans available starting at just $249 to help fully guide you through the process of building a professional, lender ready package and connect you with over 5,000 lenders.

Ideally, your business will operate long enough and become successful enough that the company will get its own credit score and be able to qualify for a loan on its own. Building a business credit score requires your company to establish its own identity, including having its own tax ID number or employer ID number, obtained from the IRS. You'll typically also need a business credit card in the organization's name that's always paid on time.  


These Small Business Workshops are being offered solely as a courtesy to TD Bank Customers. The information is supplied on an "as is" basis and should be used at your own risk. Neither TD Bank nor the authors or providers of the content of the workshops make any representation or guarantee as to the accuracy and/or reliability of such content nor shall any of the foregoing parties or their employees be liable for any loss or damages suffered as a result of any use of such content.
With one or more of these three options, you should be able to reduce your personal financial investment to almost nothing. You may have to make some other sacrifices, such as starting small, accommodating partners or taking on debt, but if you believe in your business idea, none of these losses should stand in your way. Capital is a major hurdle to overcome, but make no mistake -- it can be overcome. 
The first step in applying for a franchise loan is making sure you are well-prepared before you connect with a lender. This means that you should have identified the franchise you wish to pursue, and should have your supporting documents and loan package organized and available when you engage with lenders. The goal is to make a solid first impression to show that you are prepared and will successfully put the lender's money to good use and can be trusted to repay the loan. Accessing capital to start your business is perhaps the most difficult step in the start-up process. An online service like BoeFly.com, (we specialize in franchise finance - see what franchise brands have to say about BoeFly) or working with a financial adviser can help prepare you to address any deficiencies within your loan package. Loan brokers will typically cost you a $2000 packaging fee or more, and they may charge the lender a fee of 1-2% of the loan amount, which may come back to you as a hidden cost in the closing costs or in increased interest rates. In contrast, BoeFly has several plans available starting at just $249 to help fully guide you through the process of building a professional, lender ready package and connect you with over 5,000 lenders.

Starting a business involves a lot of moving factors, but the most important one is financing. You are going to need to spend some time evaluating your business model and writing your business plan before you can really determine the type of loan you need and the best way to secure that loan. As your business grows, your lending needs will change, so take the time now to understand the differences between lending and investing so you can be ready when your company starts to grow and needs to adjust its financing.


Aira, business debt is a different animal than consumer debt. It’s one thing to go into debt buying nice furniture, big tvs, vacations, etc. It’s another thing to go into debt to get bulk inventory discounts, finance equipment, expand restaurant seating, or anything else that will turn $1 of debt into $2 of revenue, for example. That’s what business loans are typically used for.

Guidant is our recommended ROBS provider. Guidant has helped over 10,000 businesses and facilitated over $3 billion in small business financing since 2003. They are also the only ROBS firm we know of which guarantees access to outside independent counsel during the ROBS setup process, which can help you objectively evaluate if ROBS is a good decision for the franchise you are buying.
SBA.gov is the website for the Small Business Association. Founded in 1953, the SBA functions as an independent agency of the federal government whose mission, according to their website, is “to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.” One way the SBA helps small businesses is by offering financial assistance through three programs: the guaranteed loan program, surety bonds program and venture capital program.
With the relatively low margins in the restaurant industry, many franchise owners are cash strapped and may even have a turbulent credit history. This is not a problem. National Business Capital considers the big picture so a low FICO score does not pose an immediate disqualification. In fact, the majority of our clients were denied franchise loans from traditional banks before contacting us. Know that National Business Capital offers franchise loans to small– medium- and large-sized businesses nationwide – and works with all types of businesses, no matter what their credit history. Our clients’ franchise financing needs are addressed quickly, efficiently and with a personal touch, regardless of their credit score. Even an open tax lien will not disqualify an applicant.

Having liquid assets, valuable collateral and a good credit rating will go a long way to helping you get a franchise loan. According to The Wall Street Journal, most banks will be looking for around one-fifth or 20% of franchise startup costs to come from the owner before considering lending options, and without a good credit score, most lenders won't feel comfortable extending a loan even if the proposed franchise is known for long-standing success.


At the early stages of your startup, you will likely want to have a small employee team to minimize expenses. A good way to fill in for specialized expertise is to use freelancers or consultants. That way, you avoid taking on employee costs and benefits payments. And there are a variety of sites that can help you access freelancers, such as Freelancer.com, Guru.com, and Upwork.com.

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.


You should approach small-business-loan shopping just as you would shopping for a car, says Suzanne Darden, a business consultant at the Alabama Small Business Development Center. Once you determine which type of lender and financing vehicle are right for you, compare two or three similar options based on annual percentage rate (total borrowing cost) and terms. Of the loans you qualify for, choose the one with the lowest APR, as long as you are able to handle the loan’s regular payments.
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