by eclewis | Jul 3, 2015 | Business News
This year’s rankings by CNBC for best states for business are in, and Colorado has taken the #4 spot. This comes as a significant, but not surprising, improvement from last year, where we discussed CO’s position at #8 in the CNBC rankings. Take a look at a complete breakdown of the rankings by state and categories here.
The rankings are conducted by scoring each state on 10 key categories including the following (in order starting with the most valuable to the overall score): Workforce, Cost of Doing Business, Infrastructure, Economy, Quality of Life, Technology & Innovation, Education, Business Friendliness, Cost of Living, and Access to Capital. Colorado managed to snag top ten rankings in four categories including: Economy (3rd), Quality of Life (9th), Tech & Innovation (5th), and Access to Capital (8th). Colorado was noted for it’s strong economy with a low unemployment rate of 4.3% and its innovation.
I was surprised to see that the Centennial State only got 9th in the quality of life category, especially since it tied with Iowa for this position. There is so much great outdoor recreation to explore here in Colorado, but you can scrutinize the methodology and rankings yourself with the methodological breakdown available here.
Overall, this news comes as yet another of the growing number of reasons and reports demonstrating that Colorado is a great place to live and a great place to do business. Now could be a great time for you to get started and put your entrepreneurial spirit to work.
If you a ready to start doing business in Colorado, then don’t hesitate to contact the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | May 27, 2015 | Business News
Continuing as part of our series on Due Diligence, we have already outlined Financial Due Diligence, and this time we will take a look at due diligence regarding issues that are more legal in nature.
As part of the due diligence process, it is important that you have the legal documents of the business reviewed, just like you would the business’ financial statements. This can help identify irregularities or potential problems with the acquisition. In addition to documents to review, it may also be a good idea to interview the owners and employees of the company to see if what happens in practice with the business lines up with its legal documentation.
Some of the documents to review include:
- Articles of Incorporation/Organization, Bylaws/Operating Agreement, or any other equivalent document (like a Partnership Agreement)
- Minutes of meetings as well as any stock or other buy-sell agreements between owners regarding their ownership interests
- Documents showing capitalization of the company (meaning who are the stock or ownership interest holders)
- Major contracts the company has with its suppliers, distributors, etc.
- This can also include employment contracts
- Insurance policies benefiting the company
- Any intellectual property rights, licenses, trade secret information etc.
- Documents relating to any lawsuits against the company
These documents will indicate how the company has been formed, as well as who all of the owners are, what types of restrictions have been placed on the company or its owners, and other key legal issues. This can help determine if there will be any complications regarding the transaction, as well as if the business has been run properly and in accordance with the legal documents. Additionally, having this type of documentation reviewed can help understand the business better, which can also help in determining a good valuation of the company. Finally, having these legal documents reviewed can also provide insight into existing or potential liabilities the business is exposed to, so you can understand what you are getting yourself into by purchasing the business.
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 | 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 | 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.
