"Don't confuse 'strict confidentiality' with 'keeping employees in the dark.' Private is useful. Secretive is deceptive." Stacy Feiner - from her book Talent Mindset.
According to Derek Hutson, CEO of Datical, "Entrepreneurship is at the core of the American dream. It's about blazing new trails, about believing in yourself, your mission and inspiring others to join you in the journey. What sets [entrepreneurs] apart is the will, courage and sometimes recklessness to actually do it."
According to Benjamin Graham in his book, The Intelligent Investor, "Successful investing is about managing risk, not avoiding it." This same concept holds true and can be applied to transactions involving the purchase or sale of a small to medium sized business. Even with unlimited resources to conduct due diligence, there will always be risk for both the buyer and the seller in any business transaction. One of the most significant sources of risk in a business transaction is the risk of the unknown: in all cases, the buyer or seller "does not know what he or she doesn't know".
According to a report published by BizBuySell.com, an online market place for small business sellers and brokers, the number of small businesses which sold in 2017 increased by 27% over 2016. Based on survey data, this growth in business transactions was driven by: (1) strengthening revenue and profits of small businesses; (2) an increasing number of owners looking to sell; and (3) an increase in the number of qualified buyers in the market. The survey data suggests that the number of businesses sold will continue to grow into 2018.
The United States Small Business Administration defines a "Small Business" as generally one with less than 500 employees. Of the approximately 29 million businesses in the United States, 99% are, by definition, a small business. Ohio has approximately 927,000 small businesses representing 98% of all companies in Ohio, and those companies employ 46% of the Ohio workforce. A recent study published by Babson College estimates that more than 50% of America's small business owners are over the age of 50. Do they all have an exit strategy?
On May 11, 2016, the Defend Trade Secrets Act ("DTSA") became federal law. The DTSA is intended to promote uniform protection for trade secrets, not unlike federal protections afforded to trademarks, copyrights, and patents. Before the DTSA was enacted, the law of trade secrets was primarily governed by state law (many states adopted a version of the Uniform Trade Secrets Act, but standards vary from state to state). The DTSA applies to trade secret misappropriation occurring on or after May 11, 2016 provided the trade secrets are related to a product or service used in or intended for use in interstate or foreign commerce.
Developing best practices for your business is essential to avoiding unnecessary liability and consumer initiated claims against you. As part of that process, repair and service shop owners need to become familiar with the Ohio Consumer Sales Practices Act ("CSPA"). The CSPA requires motor vehicle repair and service providers to comply with specific and detailed requirements.
The "S Corporation" has been popular with business owners since its inception back in 1958 to present day. Each year, there are over 4.5 million tax returns filed by S corporations, which is more than any other business entity. Why is the S corporation election so popular?
Just as no one pair of shoes fits everyone properly, so too is there a need for more than one type of business organization in Ohio. Different ways of organizing your new business have their own advantages and disadvantages. Which one is right for you depends in large part on what type of business you are creating, and your goals and plans for the business.
The opportunities and advantages associated with being your own boss and operating your own business are endless. However, with great opportunity comes great risk. Although getting out of the red and into the black is understandably your top priority, equally as important is avoiding legal pitfalls that can compromise your business assets, and possibly your personal ones.