by eclewis | May 20, 2015 | Business News
Whenever you are thinking about buying a business (or selling a business) it is expected that you will perform your due diligence before the sale is final to help decide whether or not the purchase is a good idea by verifying the material facts related to the transaction. This post discussing financial due diligence will be the first in a series discussing the different aspects of due diligence that should be performed prior to finalizing a transaction.
The idea behind financial due diligence is to help determine the value of the company you are buying by reviewing their financial documents. These financial documents should be audited independently to determine their accuracy.
- Financial statements for the past few years
- Income statements for the past few years
- Tax returns for the past few years
- Balance Sheets for the past few years
- Description and valuation of significant assets (including real estate and accompanying title and tax information, as well as information of depreciation schedule)
- Any current budgets, revenue projections, or other similar documents
- Any loan or other promissory note documentation (as well as any security interests against the business or its assets)
You want to be sure that nothing in these documents is questionable or raises any concerns about the current and future value of the company or assets that you are purchasing. You want to be sure that you have all the right information so that you can negotiate in a fair and informed way. If the other party is unable to produce these documents, that may raise a red flag as well, and you will want to be sure that you raise these issues with your professional advisors (attorney, accountant, etc.) to determine what the next course of action should be.
Big purchases can be very emotional, whether it is buying a home or a car, it can be easy to get emotionally attached to the prospective purchase. However, you don’t want to let yourself get so caught up in the emotional excitement of taking over a business that you lose site that this is a business transaction. You need to independently verify that everything is what the current owners say it is with regard to the business you are thinking about buying.
If you need assistance with legal help and/or document drafting for your business sale, please contact the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Apr 22, 2015 | Business News
In a previous post, we talked about the importance of diversifying your business and the benefits that it can have toward your success. This time, we’ll talk more about developing an initial idea for a business.
You’ve probably heard it said before, that they key to a successful business is usually in the form of one of two ideas. The first is for your business to do something that other businesses are already doing but doing it in a different or better way. The second is for your business to do something completely different, something new, that nobody else is really doing (or perhaps just nobody in that particular area).
When you are doing something that others are already doing, in order to succeed, you probably need some kind of differentiator to make your business stand out. Maybe you will provide better customer service, maybe your business has greater expertise in the area than competitors, or maybe you are just in a more convenient location than the rest. There are benefits to this approach though too. By doing something others are doing, you know that there are customers out there, you know that it is possible to succeed. Basically, you don’t have to reinvent the wheel.
If you are doing something different, that nobody else is doing, it can be even riskier endeavor. Sometimes there’s a reason that nobody else has done it. Perhaps others have tried and failed, maybe there are legal or regulatory challenges in the way, or it could just be a concept that won’t generate enough customers to survive. However, by doing something new, it may be easier to attract customers, since you don’t have any direct competitors (for now—remember if your business is successful, it is only a matter of time before others try to jump in and compete).
Either route toward success will be challenging, but can be very rewarding.
It can seem hard to come up with that great business idea, something that nobody else is doing, or coming up with that critical differentiator to make your business do what others do, so much better than the competition. Sometimes you may be able to find a way to get some of the benefits of both approaches.
For example, you may consider combining two things that people already do and like to form a sort-of new, hybrid business. This can go hand in hand with that idea of diversifying your business that we have discussed before. With this approach, you can attract traditional customers of either business, as well as bring in new customers as a result of this new business concept. You also aren’t tasked with coming up with a completely new idea or way of necessarily being better than all the competition of the individual businesses. This could help you capture some of the benefits of either approach to coming up with a good business idea.
The current age of technology and rapid changes taking place in the economy are opening up all kinds of opportunities that would not have existed or been considered 5 or even 10 years ago. People seem to be more willing to try new things now than ever before, so this can open up the door for small businesses and entrepreneurs to find new and creative ways to bring new value or consolidate the value provided by other businesses in a new and exciting way. Another aspect of this is that this fast-paced change can also make it even more difficult to predict how successful a business will be. Moreover, this could make it nearly impossible to project the successfulness of a business over the long-term.
With whatever idea you come up with or consider, you should be sure to speak with experienced professionals and advisers before getting started. This way you can be more aware of the potential risks and know what challenges you will face with starting a business.
If you’re thinking about making that leap to start your own business, do not hesitate to reach out for legal help and guidance from the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Apr 8, 2015 | Business News
Colorado was recently ranked 3rd among US state economies by Business Insider. You can see the full report here. This is not too surprising since Business Insider also ranked CO as being the fastest growing state economy last year. A large part of the methodology of the new ranking, Business Insider was looking at factors such as GDP per capita, unemployment rate, weekly wages, and state government budget situation.
Naturally, all of these individual factors are significantly affected by the state of the energy market, especially for states like Colorado with significant oil and gas exploration and development. It’s interesting to note that North Dakota came in at #1 on this list and Texas at #2, two states that also have substantial energy-based economies. With the recent drop in oil prices and reduction in related jobs, it will be interesting to see how this impacts Colorado’s economy. We already discussed in a previous post about how the lower gas prices have increased hiring and business overall in other sectors of the economy.
So far, it has been reported that Colorado has not been significantly impacted by the drop in oil prices yet, at least as far as the recent data is able to show. However, this will not likely remain the case. It was reported that half of Colorado’s drilling rigs have not been in operation for months. Growth and other economic projections for the state’s future are not as bright as they once were. This is expected to increase unemployment, reduce GDP, and also reduce state tax revenues too.
Colorado does have a diversified economy, certainly much more so than say, North Dakota, and the state is expected to weather the storm in the energy market better than other areas, with continued growth and low unemployment rates continuing, just perhaps not quite as strong, into the future. After all, business confidence here in Colorado is still continuing to rise. Colorado is and will continue to be a top state for businesses both big and small.
If you have questions about legal matters for your business, don’t hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Apr 1, 2015 | Business News
Recently, there has been a greater push to allow grocery stores and other chains like Target to be able to sell liquor, wine, and full-strength beer at all of their locations. Currently, Colorado law only permits one liquor license per business for the entire state, which means that only one location of a chain of stores is able to sell liquor, wine, and full-strength beer. Other locations are limited to only being able to sell 3.2% beer and wine coolers. Now, supporters of this change are working to get the necessary signatures to take the measure to voters directly, rather than rely on the legislature to make the changes.
The possibility of change brings up opposing concerns from different groups around Colorado. Primarily, large supermarkets and other grocery chains would like to be able to provide their customers with a one-stop-shopping experience at all of their locations, to make shopping for groceries and alcohol more convenient for shoppers. However, due to the current laws, there are currently hundreds of locally owned and operated liquor stores peppered throughout the state to meet consumers’ demand. These small business owners are facing a potentially huge loss of business if these changes take place. They are worried that they will have to cut employees and potentially shut down altogether if they are competing with bigger grocers.
With Colorado being a hub for craft beer brewers, this too could present a difficult issue for them as well. Craft brewers may find it more difficult to get their products on the shelves of larger retailers and with potentially fewer, smaller liquor stores, which could hurt their businesses as well. At the same time, smaller liquor stores might be able to try leveraging their craft beer selection and expertise to keep consumers coming to them for their beer needs, instead of picking up something at the bigger grocery stores.
Some say that it is the local nature of liquor stores and breweries, which were influenced at least in part by the current laws, that encouraged Colorado’s independent craft beer culture. They don’t want to see that culture change and want to keep the jobs and revenue here in Colorado and going to Colorado businesses, instead of larger regional and national chains.
Either way, it will be interesting to see how this issue continues to develop.
If you have questions about legal matters for your business, don’t hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Mar 25, 2015 | Business News
It cannot be put any more simply than to say that without your customers and/or clients, your business could not survive, so lets talk about ways that you can show your appreciation to them and increase their loyalty to keep them coming back again and again.
You can always consider sending out a handwritten thank you to your top clients to let them know how much you appreciate their business and that you are here for them if they need anything else. You may also think about hosting a client appreciation day of some kind where you offer to take them out to lunch or send out small gifts to them. Sometimes simply reaching out to them for a less formal check-up may be appreciated as a way of showing that you care about how they are doing personally and professionally.
If your business is “customer” rather than “client” based, consider issuing some coupons available for customers to get a discount when they come back next time. Not only are these incentives a relatively small effort on your part but also they can go a long way in forging long-lasting relationships. Such incentive programs do not have to be a drain on your business either; in fact, they can be a large source of long-term growth through customer loyalty and repeat business.
Speaking of customer loyalty, if you are ready to make a bigger step than offering one-time discounts, it may be time to consider developing a customer loyalty program. This could include offering discounts or free products after satisfying a particular number of purchases in a period of time or after meeting a certain dollar amount of purchases. These kinds of programs can be implemented with a variety of smartphone applications available for small businesses, so you do not have to develop one by yourself. This can be a great way to not only increase the quantity of your sales but it can also increase the quality of the overall experience for your customers. This will likely not only increase their customer loyalty, but it will also increase the likelihood that they will bring in their friends and family, write positive reviews online about your business, and tell others about your business.
Whatever you decide to do for your clients or customers, think about it from their perspective. If you were a client or customer, what would you appreciate and what would make you want to come back to that business or refer it to your friends and family? These ideas do not have to be expensive or complicated, but instead, they simply demonstrate how sincerely you value your patrons and want to keep them coming back.
If you need legal assistance for your small business, or if you are ready to start your own, do not hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Mar 18, 2015 | Business News
Now that Spring is just around the corner, lets talk about one way of making an exciting new change to your business as part of some spring cleaning.
A while back there was some interesting speculation that turned out to become a reality, Google has launched a new program to comparison shop for auto insurance. The company set up an entity named Google Compare Auto Insurance Services Inc. and got licensed to do business in a majority of states (although they still appear to be working on their support for CO). Additionally, they built up relationships with several big-named insurance companies like MetLife, and Mercury Insurance. Google also appears to be working with CoverHound, an existing insurance comparison service. Google has already been offering insurance comparison shopping in the United Kingdom since 2012.
While Google is an enormous company, it is important to note how they have not lost their entrepreneurial spirit. Google has not been afraid to try new things and to diversify their company from everything from its search engine and web ads to developing cell phones and now getting into the insurance industry.
Understandably, smaller businesses may not have the resources or capital available to make big leaps or changes into other market sectors, but there are still important business principles and lessons to be learned. Fundamentally, that is that just like a good investment portfolio, diversifying may be key to your business’ long-term stable growth in the modern, dynamic economy. Even if you are not able to make big jumps into other business areas, you may be able to diversify in simpler or smaller ways that are less capital intensive and more closely related to what you already do.
Think about what your business does at its most fundamental level, then try to branch out into thinking about the areas that your does not do. Basically, what are your business’ current boundaries? Are there things that your business has to contract out to have done for it or that you have to refer your customers elsewhere to have accomplished? Remember that these areas can exist both vertically (such as part of your supply chain) or horizontally (such as related services). Try to evaluate practically what costs and concerns would be involved in branching out to some of these other areas. Which areas would be the easiest for you to try out?
After all, it was probably your entrepreneurial spirit that got you into starting your small business in the first place, and you should consider keeping that excitement alive by trying new things with your business. Nevertheless, it is imperative that you make these diversifying decisions carefully, after much thinking and discussion with your business partners, consultants, as well as legal counsel and other advisors, so you can get their opinions on the risks and other considerations involved.
If you are considering branching out to new areas with your business, do not hesitate to reach out for legal help and guidance from the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
