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Authors: Inc The Staff of Entrepreneur Media

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BOOK: Start Your Own Business
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After these essential financial documents, include any relevant summary information that’s not included elsewhere in the plan but will significantly affect the business. This could include ratios such as return on investment, break-even point or return on assets. Your accountant can help you decide what information is best to include.
Many people consider the financial section of a business plan the most difficult to write. If you haven’t started your business yet, how do you know what your income will be? You have a few options. The first is to enlist your accountant’s help. An accountant can take your raw data and organize it into categories that will satisfy all the requirements of a financial section, including monthly and yearly sales projections. Or, if you are familiar with accounting procedures, you can do it yourself with the help of a good spreadsheet program. (For more information on developing financial statements, see Chapter 38.)
FINDING FUNDING
 
O
ne of the primary purposes of a business plan is to help you obtain financing for your business. When writing your plan, it’s important to remember who those financing sources are likely to be.
 
 
Bankers, investors, venture capitalists and investment advisors are sophisticated in business and financial matters. How can you ensure your plan makes the right impression? Three tips are key:
1.
Avoid hype
. While many entrepreneurs tend to be gamblers who believe in relying on their gut feelings, financial types are likely to go “by the book.” If your business plan praises your idea with superlatives like “one of a kind,” “unique” or “unprecedented,” your readers are likely to be turned off. Wild, unsubstantiated promises or unfounded conclusions tell financial sources you are inexperienced, naive and reckless.
2.
Polish the executive summary
. Potential investors receive so many business plans, they cannot afford to spend more than a few minutes evaluating each one. If at first glance your proposal looks dull, poorly written or confusing, investors will toss it aside without a second thought. In other words, if your executive summary doesn’t grab them, you won’t get a second chance.
3.
Make sure your plan is complete
. Even if your executive summary sparkles, you need to make sure the rest of your plan is just as good and that all the necessary information is included. Some entrepreneurs are in such a hurry to get financing, they submit a condensed or preliminary business plan, promising to provide more information if the recipient is interested. This approach usually backfires for two reasons: First, if you don’t provide information upfront, investors will assume the information doesn’t exist yet and that you are stalling for time. Second, even if investors are interested in your preliminary plan, their interest may cool in the time it takes you to compile the rest of the information.
When presenting a business plan, you are starting from a position of weakness. And if potential investors find any flaws in your plan, they gain an even greater bargaining advantage. A well-written and complete plan gives you greater negotiating power and boosts your chances of getting financing on your own terms.
A Living Document
 
You’ve put a lot of time and effort into your business plan. What happens when it’s finished? A good business plan should not gather dust in a drawer. Think of it as a living document, and refer to it often. A well-written plan will help you define activities and responsibilities within your business as well as identify and achieve your goals.
To ensure your business plan continues to serve you well, make it a habit to update yours annually. Set aside a block of time near the beginning of the calendar year, fiscal year or whenever is convenient for you. Meet with your accountant or financial advisor, if necessary, to go over and update financial figures. Is your business heading in the right direction ... or has it wandered off course?
 
AHA!
 
Still need another reason to write a business plan? Consider this: If you decide to sell your business in the future, or if you become disabled or die and someone else takes over, a written business plan will help make the transition a smooth one.
Making it a practice to review your business plan annually is a great way to start the year fresh and reinvigorated. It lets you catch any problems before they become too large to solve. It also ensures that if the possibility of getting financing, participating in a joint venture or other such occasion arises, you’ll have an updated plan ready to go so you don’t miss out on a good opportunity.
Whether you’re writing it for the first time or updating it for the fifteenth, creating a good business plan doesn’t mean penning a 200-page novel or adding lots of fancy clip art and footnotes. It means proving to yourself and others that you understand your business, and that you know what’s required to make it grow and prosper.
chapter 11
 
CALL IN THE PROS
 
Hiring a Lawyer and an Accountant
 
 
 
 
 
A
s you start off on your business journey, there are two professionals you will soon come to rely on to guide you along the path: your lawyer and your accountant. It’s hard to navigate the maze of tax and legal issues facing entrepreneurs these days unless these professionals are an integral part of your team.
Hiring a Lawyer
 
When do you need a lawyer? Although the answer depends on your business and your particular circumstances, it’s generally worthwhile to consult one before making any decision that could have legal ramifications. These include setting up a partnership or corporation, checking for compliance with regulations, negotiating loans, obtaining trademarks or patents, preparing buysell agreements, assisting with tax planning, drawing up pension plans, reviewing business forms, negotiating and drawing up documents to buy or sell real estate, reviewing employee contracts, exporting or selling products in other states, and collecting bad debts. If something goes wrong, you may need an attorney to stand up for your trademark rights, go to court on an employee dispute or defend you in a product liability lawsuit. Some entrepreneurs wait until something goes wrong to consult an attorney, but in today’s litigious society, that isn’t the smartest idea. “Almost every business, whatever its size, requires a lawyer’s advice,” says James Blythe Hodge of the law firm Sheppard, Mullin, Richter & Hampton. “Even the smallest business has tax concerns that need to be addressed as early as the planning stages.”
 
TIP
 
When a client refuses to pay, do you hand the case to a lawyer? Some entrepreneurs do, but others handle small legal matters on their own by using their attorney as a coach. Lawyers can be very effective in helping you to file lawsuits in small-claims court, draft employment manuals and complete other legal tasks.
In a crisis situation—such as a lawsuit or trademark wrangle—you may not have time to thoroughly research different legal options. More likely, you’ll end up flipping through the Yellow Pages in haste ... and getting stuck with a second-rate lawyer. Better to start off on the right foot from the beginning by doing the proper research and choosing a good lawyer now. Many entrepreneurs say their relationship with a lawyer is like a marriage—it takes time to develop. That’s why it’s important to lay the groundwork for a good partnership early.
Choosing an Attorney
 
How do you find the right attorney? Ask for recommendations from business owners in your industry or from professionals such as bankers or accountants you trust. Don’t just get names; ask them for the specific strengths and weaknesses of the attorneys they recommend. Then take the process one step further: Ask your business associates’ attorneys whom they recommend and why. (Attorneys are more likely to be helpful if you phrase the request as “If for some reason I couldn’t use you, who would you recommend and why?”) If you still need more prospects, contact your local Bar Association; many of them have referral services.
Next, set up an interview with the top five attorneys you’re considering. Tell them you’re interested in building a long-term relationship, and find out which ones are willing to meet with you for an initial consultation without charging a fee.
 
AHA!
 
When you are starting a business, you are short of money for just about everything—including legal services. Realizing this, many law firms offer a “startup package” of legal services for a set fee. This typically includes drawing up initial documents, attending corporate board meetings, preparing minutes, drafting ownership agreements and stock certificates, and offering routine legal advice.
At this initial conference, be ready to describe your business and its legal needs. Take note of what the attorney says and does, and look for the following qualities:

Experience.
Although it’s not essential to find an expert in your particular field, it makes sense to look for some one who specializes in small-business problems as opposed to, say, maritime law. “Find someone who understands the different business structures and their tax implications,” says Hodge. Make sure the lawyer is willing to take on small problems; if you’re trying to collect on a small invoice, will the lawyer think it’s worth his or her time?

Understanding.
Be sure the attorney is willing to learn about your business’s goals. You’re looking for someone who will be a long-term partner in your business’s growth. Sure, you’re a startup today, but does the lawyer understand where you want to be tomorrow and share your vision for the future?

Ability to communicate.
If the lawyer speaks in legalese and doesn’t bother to explain the terms he or she uses, you should look for someone else.

Availability.
Will the attorney be available for conferences at your convenience, not his or hers? How quickly can you expect emergency phone calls to be returned?

Rapport.
Is this someone you can get along with? You’ll be discussing matters close to your heart, so make sure you feel comfortable doing so. Good chemistry will ensure a better relationship and more positive results for your business.

Reasonable fees.
Attorneys charge anywhere from $50 to $1,000 or more per hour, depending on the location, size and prestige of the firm as well as the lawyer’s reputation and experience. Shop around and get quotes from several firms before making your decision. However, beware of comparing one attorney with another on the basis of fees alone. The lowest hourly fees may not indicate the best value in legal work because an inexperienced attorney may take twice as long to complete a project as an experienced one will.

References.
Don’t be afraid to ask for references. Ask what types of businesses or cases the attorney has worked with in the past. Get a list of clients or other attorneys you can contact to discuss competence, service and fees.
BOOK: Start Your Own Business
10.74Mb size Format: txt, pdf, ePub
ads

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