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Meta
Monthly Archives: June 2016
What’s in YOUR Nondisclosure Agreement?
A Nondisclosure Agreement (NDA) has become one of the basic standard documents in every company’s wallet. Between the rising swell of Baby Boomer owners entertaining exit planning, and greater caution surrounding the legal issues of strategic partnering, an NDA is … Continue reading
5 Responses to What’s in YOUR Nondisclosure Agreement?
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Choosing Not to Maximize Profits
The other day, a client asked me to review some questions from an MBA student studying business ownership. One of the questions was “Are you doing everything possible to maximize profits?” I’ve seen the same question asked in a number … Continue reading
3 Responses to Choosing Not to Maximize Profits
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John,
I agree with your premise, what the question should be is “Are you maximizing value?”
The very choices made by business owners include many of the above that lead not to short term profits but “hopefully” sustainable value.
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John,
Well said and of course there is the issue of reinvesting in the business for sustaining and growing profits, but over the long haul.
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I think that a good question is: Are you happy with your business?
Then ask: What in your business would make you happier?
Then, decide if you want to do it.
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One Response to What the Heck is Exit Planning?
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John,
Thanks, I have a small chocolate wholesale/retail business. I started 6 years ago and after growing from 3 part time employees and lots of self employment expenses, remakes etc. I have been just me myself and I. I work almost 24/7 and multi-tasking is the name of my game. Now, I am thinking of relocating out of state and downsizing because I love what I do, but to consult with my accounting person about planning for a closing of this business and starting the same business in a different state that I will eventually retire in. I feel I have learned what to do and what not to do, so I have about 1-2years to schedule the move.
Thanks, always enjoy your posts..
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What Should A Small Business Insure?
Every business carries insurance. Some is required by law, such as unemployment insurance or coverage on vehicles. Most is optional, but there is “common sense” coverage and more esoteric policies intended to help you recover from company-threatening events. I’ll spend the … Continue reading
Posted in Entrepreneurship, Exit Planning
Tagged business, business ownership, business planning, business strategy, employees, entrepreneurs, entrepreneurship, exit planning, exit strategies, financial, health care costs, leadership, management, selling a business, small business, small business advice
1 Comment
One Response to What Should A Small Business Insure?
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Great reminders. Falls under the category of continuity planning which is vital for most family businesses…at least mine.

In some areas an NDA requirement preventing hiring any your employees have been found not legal because of is effect on freedom to find new employment for the employee. EG where there are limited opportunities for certain skill sets in the geographic area.
Good point Jim. That is why an attorney familiar with your jurisdiction is a must.
In many areas, employees’ response to an open advertised employment solicitation is normally not covered by the NDA’s restrictive provisions….while direct contact is. From a client perspective, it is important to note the difference and that the risk exists, but is essentially the same as it is in “normal” times.
Good point Richard. Actually most large companies won’t agree to a non-employment clause for just that reason. They don’t want liability (or screening responsibility) for normal recruiting activities. With smaller acquirers, JV and merger discussions, I have seen it included (subject to state unemployment law, as was previously noted.)
One of the biggest mistakes too many searchers/buyers make entering the buy/sell playing field is not getting their own NDA signed by brokers, owners and sellers of companies. (Not to mention some of the horrible NDAs foisted on searchers.)
• What about protecting the fact that you want to buy a business . . . and you don’t want your employer to know about it?
• How about the content of your financial statement and borrowing power?
This is why the advisory teams of savvy buyers and sellers include experts with a proven record of facilitating win-win deals that should occur.
• I, for example, won’t collaborate with buyers unless they hire the right kind of attorney and tax advisor at the right time and then properly engage those specialists. It’s good for all of us.
BTW, it’s 2 a.m. right now at home in Florida and I’m awake reading John Dini’s excellent website (awakeat2oclock.com) while awaiting a call from someone I’m helping in the UK.
• “Awake at 2 o’clock” . . . I wish I had thought of that title!!!!