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.

“My credit is very strong and I owned my house outright. So when I realized the SBA loan would take too long, I decided to go to my personal bank and apply for a HELOC. The whole process took less than two weeks, the interest rates were great, and I never looked back. I was even allowed to use the HELOC for my franchise fee, which other financing wouldn’t allow.”
Franchise business loans typically come with more attractive terms than you are likely to find for any other type of start-up business loan. This is because lenders consider the financial stability, business model, and previous success of the franchise parent company when reviewing a loan application. Banks and alternative lenders are finding franchises to be an increasingly attractive investment. In 2011, the SBA reported approval of $1.5 billion in 7(a) loans for franchises, up from approximately $826 million the previous fiscal year. The 7(a) loan-guarantee program is the SBA's most popular loan program.
When starting out, your product or service has to be at least good if not great. It must be differentiated in some meaningful and important way from the offerings of your competition‎. Everything else follows from this key principle. Don’t drag your feet on getting your product out to market, since early customer feedback is one of the best ways to help improve your product. Of course, you want a “minimum viable product” (MVP) to begin with, but even that product should be good and differentiated from the competition. Having a “beta” test product works for many startups as they work the bugs out from user reactions. As Sheryl Sandberg, COO of Facebook has said, “Done is better than perfect.”
Supporting both the operation and expansion of a growing small business often requires some additional financial support. Getting a small business loan or grant can help you bridge the gap when you need to make capital investments, increase your workforce, or move to a larger space. To help you decide which type of funding might be right for you, here are a few great small business-financing options:

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Before you can get a traditional bank loan, you need to have collateral, generally in the form of your house although other assets including land, cars, watercraft, motorcycles and equipment that has a title of ownership can be used as collateral. Understand the risk involved with your business venture before you put up collateral–the bank will take your house, car or whatever else you put down if you default on your loan. Make sure you have an accurate assessment of what your collateral is worth before you apply for a loan so you don’t wind up unpleasantly surprised when your bank assumes it’s worth today’s market value, not the value that it was when you bought it. If you don’t have an asset to use as collateral or are uncomfortable with the idea, then you’ll want to seek out a source other than a bank for your business lending needs.
Start by learning about various franchise shops and restaurants in your preferred specialty. If you’re a fan of Panera Bread, for instance, go to the company’s franchise Information page and read up on the opportunity. If you need inspiration, Franchise.com keeps a running list of franchise opportunities, complete with a monthly featured franchise.

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Over 99 percent of all business entities in the US are small businesses, according to The SBA Loan Book: The Complete Guide to Getting Financial Help Through the Small Business Administration. These businesses represent over half of the private workforce and the private-sector output and over 40 percent of all private commercial sales in the United States.
Stock Option Plans are an extremely popular method of attracting, motivating, and retaining the best employees, especially when the company is unable to pay high salaries. A Stock Option Plan gives the company the flexibility to award stock options to employees, officers, directors, advisors, and consultants, allowing these people to buy stock in the company when they exercise the option.
Market research is important because it will help you figure out whether or not there is demand for the service you’re offering or the product you’re selling. It will also help you when it comes time to write your business plan, especially if you’re pitching an angel investor or a venture capital firm. They will want to see there’s a market for your idea, otherwise, it won’t scale as rapidly as they need it to in order to make a return on their investment.
To become an officially recognized business entity, you must register with the government. Corporations will need an "articles of incorporation" document, which includes your business name, business purpose, corporate structure, stock details and other information about your company. Otherwise, you will just need to register your business name, which can be your legal name, a fictitious "Doing Business As" name (if you are the sole proprietor), or the name you've come up with for your company. You may also want to take steps to trademark your business name for extra legal protection.

As the saying goes: "The only certainties in life are death and taxes." Unfortunately, this is also true if you start a business in Australia - you absolutely must register for the correct taxes to avoid any potential legal implications. The taxes you must register for are dependent on the type of business you choose to start, with some applicable to every type and others only mandatory for certain types.
In Canada, you can get a free credit report by contacting one of the two credit reporting agencies, TransUnion or EquiFax Canada. To receive your free credit report you will need to mail or fax one of these companies a request along with copies of two pieces of I.D. Note that you will not be able to get a free credit report through the website of either company; you will be charged a fee for an online report. CreditKarma provides free online credit reports through much of Canada.
If you do have people in your life who could invest in your business, getting a loan from friends and family is sometimes an option. Of course, for many entrepreneurs who are just starting out and in need of cash, this just isn’t a possibility. Either the amount they need is too high, or their circle of friends and family is small or possibly strapped for money themselves. It’s possible that your friends and family will think it’s too risky because of your bad credit as well.

If you do decide you’re going to need space, consider the number of employees you’re going to need and the equipment that will fill the space—chairs, photocopying machines, a fridge, a coffee machine, a reception area, a meeting room, and so on. Furthermore, how quickly do you expect to grow? If rapid growth is in the books, rent a space where there is room for growth and so that you don’t have to change your business address.
After all, small-business loans can help you get from A to B, providing vital capital to jumpstart your business expansion. Yet these loans are also notoriously difficult to get; and, should anything go south with your business, you may lose the collateral you put up for the loan. What's more, to qualify for most bank loans, your company will need to have been in business for at least one to two years and meet annual revenue requirements -- to name just some of the criteria required.

SBA loans or loans that are backed by the Small Business Administration, a federal agency, do not typically need collateral.   Even startups can get business loans without collateral through the SBA. Technically, banks or lenders will not decline your business loan application if you have no collateral. However, there has to be some kind of security. You may extend a personal guarantee. There could be some assets, whatever form and shape, which may have some tangible value and that can be attached to the loan as security.
In addition to serving as associate chair, Eddie is a principal lecturer for the highly ranked Supply Chain Management program in the W.P. Carey School of Business at Arizona State University. Eddie has taught over 30,000 students in person and millions more online via videos and digital textbooks. His digital content is used by both top-ranked universities and Fortune 500 companies around the world. He has also provided consulting services for companies in the energy, publishing, retail, technology, global health, and agriculture industries. Eddie likes to spend his spare time on a yoga mat.
Personal Assets – Getting a traditional loan for a franchise can be difficult. The more personal resources you can bring to the table, such as retirement funds and personal savings, the easier it will be to buy a franchise. If you’re planning to get a bank loan or an SBA loan, then you at a minimum need a 10-20% down payment and some collateral (if the franchise involves the purchase of real estate, that can be used as collateral).
Get matched with a mentor who has experience building a business by visiting SCORE.org. SCORE is dedicated to helping small businesses develop and thrive through mentorship and training programs. SCORE mentors can help small business owners write a business plan, determine the type of lending they need, figure out the best bank(s) to approach for a loan and prepare to meet with a loan officer.
As a member of the ConsumerAffairs Research Team, Kate Williams, Ph.D. believes everyone deserves easy access to accurate and comprehensive information on products and businesses before they make a purchase. She spends countless hours researching companies and industries before writing buyers guides to make sure consumers have all the information they need to make smart, informed buying decisions.

Think about your daily routine, you might stop at a coffee shop in the morning, perhaps you workout at the gym in the afternoon or go for dinner with friends in the evening. Every place that you visit, and every business you connect with during that day, exists because of an idea and an entrepreneur.  Whether that entrepreneur comes from a family of business owners, or is starting out on their own with no previous experience, running their business requires a set of key skills.  But what are the skills you need and how do you acquire them?
Small Business Administration (SBA) loans. SBA 7(a) loans have longer repayment terms and lower down-payments than most conventional bank loans, and can be used for the purchase of owner-occupied real estate, business acquisition, equipment, or working capital. Wells Fargo also offers the SBA 504 program for larger, fixed asset purchases or construction.
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.
If your business will have employees, you will, at minimum, need to purchase workers' compensation and unemployment insurance. You may also need other types of coverage depending on your location and industry, but most small businesses are advised to purchase general liability (GL) insurance, or a business owner's policy. GL covers property damage, bodily injury and personal injury to yourself or a third party.
I am looking into opening a truck parts supplies shop/ body shop repairs/painting. I currently own one semi truck and use it for hauling agricultural products. my credit score is in the 600’s. Would I qualify for some type of loan? The local banks in my area have not qualified my for a small business loan, while others with worst credit than I get approved. The town I live in is small, so it’s like you have to know someone to get approved. If you know what I’m saying.
Franchises are worth considering because opening a business can be risky, especially if you don’t have prior experience juggling all the things that come with it. You’ll need to choose a name and image for your brand, make sure you have the right staff and build a full suite of products or services to meet demand. Even if you have mentors or a network of friends who are small business owners, you’ll often find that you’re struggling with important decisions.

After speaking with several Brokers to help with our SBA loan, Karen was the only one who took her time and explained in full detail what our best options would be. The process was so easy, in less than 48 hours after submitting the application to the Bank we had a firm approval and we we’re ready to close on the loan in less than 10 days. I worked in the Mortgage Industry for 20 years and I’m VERY impressed with the service Karen provided us. This couldn’t have been any easier!!!!!!!!


None of the information displayed on www.applepiecapital.com (the “Website”) constitutes an offer to provide investment advice. The offering of securities is being conducted pursuant to an exemption from registration under the Securities Act of 1933, as amended. There shall be no offer or sale of any securities without the delivery of confidential offering materials and related documents. ApplePie Capital does not (1) advise on the merits or advisability of a particular investment or transaction, or (2) assist in the determination of fair value of any security or investment, or (3) provide legal, tax or transactional advisory services.
“ApplePie Capital can accelerate the growth of franchisees because we start by spending time with the franchisee up front to assess their situation, and then identify the best financing options to reach their short and long term goals. Sometimes that will be SBA, and sometimes it will be other options that the local bank doesn’t offer. And unlike the local bank, ApplePie knows the brand metrics. We can underwrite the loan ourselves for our core product, or can educate our lender network on the brand so the franchisee doesn’t have to.”
For the limited time beginning with applications dated July 9, 2018, and ending with applications dated on or before December 31, 2018, the interest rate on cash advances and purchases made on your Business Advantage Credit Line account approved for not less than $10,000 and not more than $100,000 is a fixed introductory interest rate of 2.99% for the first 12 billing cycles from the date your Credit Line account is opened. After that, the interest rate will be a market competitive variable interest rate, based on the Prime Rate, your creditworthiness, your business relationship with Bank of America, and the approved amount for your Credit Line account. Excludes secured loans and secured lines of credit, and unsecured term loans. Origination fee of $150. Annual fee of $150 is waived for the first year of your Credit Line account, and assessed annually thereafter. Enroll in Autopay to make payments on your Credit Line account within 90 days from date it is opened and get a $50 credit to your Credit Line account. The $50 credit will be applied to the account after the origination fee is posted. Other restrictions may apply. Subject to credit approval.

Franchise businesses serve as the backbone of the restaurant and retail industry. A successful franchise often starts as a small local business that catches the eye of savvy investors. Starbucks, McDonald’s, Walmart and Whole Foods are just a few of the many corporations that started as small mom-and-pop operations and were later franchised into nationwide networks.
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.
Your accounting system is necessary in order to create and manage your budget, set your rates and prices, conduct business with others, and file your taxes. You can set up your accounting system yourself, or hire an accountant to take away some of the guesswork. If you decide to get started on your own, make sure you consider these questions that are vital when choosing accounting software.
You also will need to file certain forms to fulfill your federal and state income tax obligations. The forms you need are determined by your business structure. A complete list of the forms each type of entity will need can be found on the SBA website. You can also find state-specific tax obligations there. Some businesses may also require federal or state licenses and permits to operate. You can use the SBA's database to search for licensing requirements by state and business type.
5. Social Media: Depending on your type of business, you will want a social media presence. LinkedIn, with more than 380 million members, is regarded as the business site for connecting with other businesspeople and offers excellent posting features for articles and blogs. Facebook is more of a social friends site than a business-focused site, but it’s also an excellent tool for “getting your word out” to your friends and customers. Both Linkedin and Facebook allow you to set up a commercial page for your new business.
For entrepreneurs interested in starting a business, a franchise can be a great way to begin at an advantage. You’ll have a recognizable name and the support that comes from being part of a larger organization, while still enjoying the independence of being in charge. With a little research on the front end, you can avoid unpleasant surprises and ensure you’re prepared.
He is also a nationally recognized employee training expert, and was one of the first people to receive the Certified Professional in Learning and Performance certification from the Association for Talent Development. In 2015, Jeff was awarded the CPLP Contributor Award by ATD for his numerous contributions to the program. He is a past president of ATD's San Diego chapter, where he was a recipient of the WillaMae M. Heitman Award for distinguished service.
Overcoming this problem is easier than it used to be, thanks to the plethora of marketing opportunities on the internet. Many of them, of course, are free or low cost, but don’t forget that your time is also an investment. So don’t make the mistake of signing up for every social media site out there and letting your valuable time dribble away in tweets and status updates.
Create a logo that can help people easily identify your brand, and be consistent in using it across all of your platforms, including your all-important company website. Use social media to spread the word about your new business, perhaps as a promotional tool to offer coupons and discounts to followers once you launch. Be sure to also keep these digital assets up to date with relevant, interesting content about your business and industry.
At some point nearly every franchise will seek a loan or working capital. Knowing your franchise financing options can be the difference between thousands of dollars saved or lost. If you are a franchise business owner seeking financing and need help understanding the options, please reach-out to one of our funding specialists and we’ll help you navigate the process.
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.
So it pays to have a comfortable cushion, just in case things don’t pan out as expected. And it’s much easier and cheaper to arrange funding when times are good than it is when you’re desperate. Of course, you don’t want to be paying interest on unnecessary debt either, but there are funding options, like lines of credit, that you only pay for when you activate them. In any case, it’s worth researching your options early on.
There are a few companies that specialize in helping franchise businesses find funding, usually by matching franchisees with financing options. Considering the overwhelming options for franchising and the intimidating array of options for financing your endeavor, referring to or working with one of these matchmaker-advisers can be a good idea, especially for those who don’t have a clear idea of what type of franchise they are most interested in.
Proof of ability to pay: As Ali told me, banks want to be sure you’re positioned to make the loan payment on time each month. You’ll need to present detailed financial statements showing that your income is at least 1.25 times your operating expenses, including the new repayment amount. For example, say your business makes $15,000 a month and your current expenses are $10,000. With the loan repayment added to your operating expenses, you need to be sure your income still exceeds the recommended 1.25 threshold.
There are some apps that help to enhance your business on Instagram. One such app is liketoknow.it. This fashion app lets social media influencers tag their Instagram photos with the items in the picture as well as a link to a retail partner of liketoknow.it. If a follower buys an item through the link, both liketoknow.it and the influencer get a part of the profit. This app helps to introduces Instagram users to new items as well as allows influencers to be paid for their work.
If you do decide you’re going to need space, consider the number of employees you’re going to need and the equipment that will fill the space—chairs, photocopying machines, a fridge, a coffee machine, a reception area, a meeting room, and so on. Furthermore, how quickly do you expect to grow? If rapid growth is in the books, rent a space where there is room for growth and so that you don’t have to change your business address.
Starting a business entails understanding and dealing with many issues—legal, financing, sales and marketing, intellectual property protection, liability protection, human resources, and more. But interest in entrepreneurship is at an all-time high. And there have been spectacular success stories of early stage startups growing to be multi-billion-dollar companies, such as Uber, Facebook, WhatsApp, Airbnb, and many others.
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.

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:

SmartBiz (see our review) is a viable online loan option for franchise owners that want the security and low-interest rates of an SBA-backed loan, but with the ease and speed of an online loan. SmartBiz is the #1 marketplace for SBA 7(a) small business loans online, offering an SBA/online loan hybrid with low interest rates and long-term repayment terms. However, this lender is only an option for established franchises — you’ll need at least 2 years’ time in business to get a working capital or debt refinancing loan, and 3 years to be eligible for a commercial real estate loan.


So think about how you can diversify your own business. Think about the risks you’re subject to, the technologies you’re dependent on, and how changes in the competitive landscape could blow you off course. Then come up with ways in which you can create multiple income streams, so that if one product or service is no longer popular, others can pick up the slack.
“My credit is very strong and I owned my house outright. So when I realized the SBA loan would take too long, I decided to go to my personal bank and apply for a HELOC. The whole process took less than two weeks, the interest rates were great, and I never looked back. I was even allowed to use the HELOC for my franchise fee, which other financing wouldn’t allow.”
To start your application for a business loan, calculate how much money and what kind of loan you need. Then, gather the necessary documents, including a profit and loss statement, balance sheet, cash flow statement, tax documents, and a detailed business plan. Once you have all of your information, approach lenders, such as the Small Business Administration, banks, and credit unions, and complete the application for the best loan for your needs. Finally, wait to hear back from the lender and be sure to thoroughly review the terms of your loan.
If it does not exist, create it. If you have an idea-ideas or skills, think of how to use your ideas or skills to create a business and to put it out there to see what it can attract and what you can create. Many successful businesses started with an idea and that idea has become a success “from one person business to global corporations”. Failure is an attempt at success, if you don’t give up and modify each attempt, then each attempt can become a success.
Lenders prefer financial statements that have been audited by a certified public accountant (CPA). But many small businesses don’t want to incur the costs of an audit, so one alternative is to have the financial statements “reviewed” by a CPA (which is cheaper and faster). However, some lenders may not require either audited or reviewed statements.
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