For many people, starting a business can seem like a daunting task. The steps can be intimidating, especially when you attempt the setup process alone. It’s easy to get discouraged or even stuck without proper guidance and support when regulatory obstacles arise. Your attorney can avoid making the two most common legal mistakes new business owners make.
First, establish your entity.
The excitement of starting your own business may lead you to throw caution to the wind. Afterall, you have a business plan to make it a reality. You can’t wait to get started. We hear this from our clients almost every day. While their enthusiasm to get to work is critical for their startup’s success, they often risk their dream by operating without establishing their business’ legal entity. This costly mistake can lead to many problems down the road.
Before opening your doors for business, create a distinct legal entity through the state, such as a corporation or limited liability company (LLC). Individuals operating a business without a distinct legal entity are operating as a sole proprietorship. Sole proprietorships are not a separate entity. The operators have no “liability shield.” This means that any of the business’ liabilities and obligations fall to the owner personally in the event of a lawsuit or debt collection. In this situation, anyone who sues you for the actions of the business can seize your personal assets such as your home, bank and investment accounts, and other property. Thus, having a distinct legal entity is absolutely critical to protecting your assets.
Next, create your internal documents.
Unfortunately, operating a business requires more than being the best in your field, especially when you start expanding. After you establish your entity, the next order of business is to draft your internal documents, which includes an operating agreement and your corporate bylaws. Your internal documents, also known as “controlling documents,” define and govern almost all activities of the business. They do not necessarily dictate “how” you do things, but rather, who has the authority to do things on behalf of the company, including what actions can be taken in a contingency, such as a merger or sale of an owner’s stake in the company.
Your internal documents can also help you obtain financing. Banks are cautious when extending credit to an organization. Your internal documents offer clarity and protection to the interests of its owners. With your internal documents in place, you will be ready to make decisions and move forward when new opportunities for your business arise.
Tressler is a team you can trust.
At Tressler, we aim to help you achieve their goals and be a team you can trust. We understand how much work goes into building your business and how important it is to have support and guidance along the way. Our team can help you establish your business legal entity and create your internal documents so you can prevent risks and make the best decisions for your future. Contact our team today!
In today’s digital age, technological advancements are revolutionizing the legal industry. One such breakthrough is the integration of Chat GPT (Generative Pre-trained Transformer) technology into law firms. This cutting-edge language model, powered by artificial intelligence, has the potential to streamline and optimize various aspects of legal practice. By utilizing certain aspects of Chat GPT, law firms can enhance their efficiency, improve client experiences, and stay ahead in an increasingly competitive landscape.
Legal Research Made Easy
One of the most time-consuming tasks for legal professionals is conducting extensive research to build strong cases and support arguments. Chat GPT can significantly reduce the burden of legal research by providing quick access to relevant information. Lawyers can use the chat-based interface to ask questions or seek guidance on complex legal issues, and the AI model will generate detailed responses based on its vast knowledge base. This saves valuable time and allows legal professionals to focus on higher-level tasks, such as case analysis and strategy.
Automated Document Generation
Law firms deal with large amounts of paperwork. From contracts and agreements to legal opinions and briefs, Chat GPT can automate the document generation process by generating drafts based on predefined templates and specifications. Lawyers can provide the necessary inputs, such as factual details and case notes, and the AI model can generate accurate and customized documents. Chat GPT can help streamline the workflow, minimizes errors, and improves overall productivity.
Enhanced Client Communication
Effective client communication is critical for every law firm. Chat GPT can be utilized as a virtual assistant, interacting with clients through chat interfaces and addressing their inquiries in a prompt and personalized manner. This ensures clients receive timely updates and clarifications, fostering stronger client relationships. Moreover, Chat GPT can assist in providing initial legal advice, screening client inquiries, and offering general information on legal processes, thereby improving accessibility and client satisfaction.
Predictive Analytics and Case Assessment
Another valuable application of Chat GPT in law firms is its ability to analyze large volumes of case-related data and provide insights. By leveraging machine learning techniques, the AI model can identify patterns, highlight relevant precedents, and offer predictions on case outcomes. This assists lawyers in making more informed decisions and devising effective legal strategies. Furthermore, Chat GPT can assist in risk assessment, aiding in the evaluation of potential legal challenges and their associated probabilities.
New Technology Brings New Potential
The integration of Chat GPT technology in law firms has the potential to revolutionize legal practice, offering numerous benefits in terms of efficiency, accuracy, and client satisfaction. By automating tasks such as legal research and document generation, providing enhanced client communication, offering predictive analytics, and facilitating ongoing legal education, Chat GPT can empower law firms to adapt to the demands of the digital age. Embracing this AI-powered technology enables law firms to optimize their operations, deliver better outcomes for clients, and stay at the forefront of the legal profession.
It is important to note that Chat GPT is not a replacement for an educated attorney. However, it is a tool that attorneys may utilize in modern times to be more efficient in practice management.
Photo Credit: James Williams Photography
Want to know the answers to the most frequently asked questions we get from our clients? Check out the top Tressler FAQ and answers.
As a law firm, we get asked lots of questions every day. We don’t mind because we understand people make better decisions when they are fully informed. It’s one of the many ways we are committed to being different from other law firms. We never want you to feel afraid to contact our team. Afterall, you are the reason we do what we do and answering your questions is one way we can help.
These questions are the most asked for a reason, because legal and title services can sometimes be confusing, and everyone goes through moments in their life when they need a legal team they can trust.
Is there a consultation fee to speak with an attorney?
No. At Tressler, we take the time to understand your needs before taking any transactional steps. You will have the opportunity to speak with an attorney about your matter without any upfront financial obligation.
What is a retainer fee?
A retainer fee is an upfront amount of money paid in full for future services performed by our team. We keep our clients updated on the status of their allotted retainer funds as we handle their matter. Should the maximum amount be reached before your matter is complete, our team will reach out before the retainer reaches its limit to discuss next steps. Portions of retainer fees are refunded if the services you requested end up costing less than originally planned. Please reach out to our team if you have any questions about retainer fees.
Do I need an Operating Agreement for my LLC?
Yes. To protect the business’ limited liability status: Operating agreements give members protection from personal liability to the LLC. Without this specific formality, your LLC can closely resemble a sole proprietorship or partnership, jeopardizing your personal liability.
Why should I de-title a mobile home on my property?
Mobile homes have a title exactly the same as a motor vehicle. The title shows the name of the person(s) who legally owns the mobile home. The title alone does not make the mobile home a permanent part of the real estate. The de-titling process legally combines the manufactured home with the land. It is often required by lenders before financing.
Why is a title examination important in a real estate transaction?
A title is a document that shows evidence of right or ownership of real property. If you are purchasing a home or commercial property, it is important to make sure the title is reviewed. The proper transfer of ownership will depend on whether the title is clear and can help you avoid future problems if you wish to sell the property at a later date.
When a real estate dispute arises, is litigation the only option?
Disputes are possible in any legal field, including real estate. If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation. This will usually be an attorney’s first course of action, with litigation only considered if it is impossible to reach an out-of-court agreement.
Title insurance is a policy that protects you from any issues that may call your ownership into question or keep you from completing your purchase. These issues could include illegal deeds, unknown liens, forged documents, missing heirs and unknown easements. Title insurance provides financial security to address any issues that may arise.
How long does my title insurance policy last?
For a one-time fee, your owner’s title insurance protects your property rights for as long as you or your heirs own the home.
What do I need to bring to my real estate closing?
Some of the items you will need to bring to closing are a photo ID, a cashier’s check made payable to Tressler Title or wire instructions for transferring funds electronically. Don’t worry, our team will reach out before your scheduled closing day to ensure you know all the details and what to expect at closing.
Probate is a legal process that validates the last will and testament of a person who has died, appoints an executor (if one is not named in the will) and oversees the distribution of assets outlined in the will. This process occurs before the deceased’s assets can be distributed. Probate also ensures the deceased debts are paid. When the deceased does not leave behind a will, Tennesse’s intestacy laws determine how their assets will be distributed.
What happens if I die without a will?
If you die without a will in Tennessee, your assets will go to your closest relatives under state “intestate succession” laws.
How do I know if I would benefit from a trust?
Here’s a good rule of thumb: If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you.
We understand every situation is unique. Don’t hesitate to reach out to our team. We would be glad to speak with you, answer your questions and learn how we can help.
An Interview with CMO Megan Climer
Learn how Chief Marketing Officer Megan Climer transformed the Tressler brand and her advice to business owners considering a brand refresh.
A new role brings new opportunities
When Megan Climer joined Tressler & Associates in August 2022, she was eager to dive into brand development. Just a couple of weeks into her new role, she began to see opportunities for Tressler to differentiate itself from other law firms in the market. In this interview, she explains what makes a brand and shares how she developed their new visual identity.
Most people think a brand is a name and logo. How do you define a brand?
Their definition isn’t wrong, just incomplete. I have spent the majority of my professional career learning what makes a great brand. A brand is a name and a logo, but I believe it offers so much more. Your brand is your unique identity. And like a person, it has exterior and interior attributes and characteristics that make it identifiable to the world. Like a person, a brand has dreams and a purpose (a vision and a mission), values, a personality, a voice, a story, and an overall essence or feeling. Really, a brand is powerful. It is the foundation that informs and supports your overall business strategy. And it can be your most valuable asset for managing growth.
What did you do first to start developing the new brand?
The first thing I did was take a detailed look at our competition and the overall market. It sounds counterintuitive to spend your time analyzing everyone else, but a competitive analysis is critical to building a brand. By evaluating our competitors, I learned where we fit into the market and the unique opportunities we had to stand out.
What did you do after you finished the competitor analysis?
The next thing I did was complete an audit of our brand. I reviewed the competitor data to see how we measured up, which is always an eye opening experience. It allowed me to see where our brand was falling short and where we had opportunities to shine.
Like many service industries, the legal industry lacks uniqueness. The brand landscape looks very similar in both styling and messaging. I have always said that if everyone else is saying it, it probably isn’t worth saying. Industry platitudes and buzz words become expectations, not differentiators. I knew if we were committed to being different from traditional law firms, our brand had to look and feel different from a traditional law firm. It was our time to break away from the industry brand “standards” and offer a new brand experience.
What inspired the new logo?
After comparing and analyzing for several weeks, I began to brainstorm ideas for how our brand style could be unique. I knew right away what visual elements did not fit our brand personality and what opportunities were available to stand out among our competitors.
I also spoke with Todd and Lisa about our culture and brand personality to get a sense of who we are and what a Tressler brand experience feels like. Todd shared some of his grandfather’s old business papers with an added sticky note that said “brand inspo.” From all of this I began to visualize what our brand style could be. Using combinations of color, texture, pattern, typography, photography, videography, illustration and tone, you can build a complete brand identity that is unique and powerful. I pulled inspo from lots of visuals and created a mood board that kick-started my design.
What did you design first?
I started with our typography. Almost all of our competitors use typography that is traditional and serious in tone. It just made sense to try to design our logo icon using lower case letters. By making the “ta” lowercase, it now feels more approachable, accessible and warm, all things we believe make up the Tressler experience. The lowercase nods to the era of typewriters (inspo from the old papers) and adds a vintage flair to the brand. I used a sans type as our accent font instead of a traditional all caps serif for our business name. Our brand now feels modernized and more relevant to today’s consumer.
It’s great to learn the logic behind the letters. What led you to choose orange as your new brand color?
This part was fun. Color psychology is actually a thing, and it is fascinating! Did you know color works at a subconscious level faster than words or images and creates a gut response? So color choices matter. For us, our previous brand colors were black, red and gray. This overall palette communicated a more bold, corporate, serious and traditional feel all things we believe do not represent who we are. It was also a common color palette used by others in our industry. By changing our colors, we could instantly add visual uniqueness and more accurately communicate our brand personality and essence to our target audience.
Here are some of the insights that influenced this decision. Orange is known as a creative, abundant, positive, passionate, secure and comforting color. The redder tones of orange can communicate strength, stamina and determination, and brown is a color that is viewed as grounding, reliable, balanced, honest, sincere and warm. From all of these attributes, we developed the Tressler orange.
What can we expect next from the Tressler brand?
We are so excited for what is to come! We just launched our new website this month. Our website partner FortyAU, helped me bring our new brand experience to life. Our website showcases our new look, but more importantly, offers a user experience unlike anyone else in our market.
Our social media will also see a refresh. These platforms will continue to be a place we tell our story and engage in meaningful ways with our audiences. Our team also plans to release a series of free digital resources to offer more education around our practice areas to include; digital downloads, blogs, webinars and a new podcast. These extra resources will all be available on our website. As a marketer, I live in creative mode. A new brand offers so many opportunities to educate, entertain and add value to our audience.
What advice do you have for business owners considering a brand refresh?
Wow, that could be a whole other interview! But I’ll do my best to keep this short. Maybe we’ll answer in more detail on a future podcast. (smiles and winks)
1. Define your goals.
When starting any new project having a goal in mind is always a great first step. Why are you choosing to work on your brand? Defining what you want your brand to do for your business will help you create a brand identity that delivers results. Are you a start-up preparing to launch, or are you a small business getting ready to roll out a new product or service? Are you trying to stay competitive and looking for ways to gain more market share, or do you already have a brand but feel it’s time for a makeover? No matter what your reasons are, declaring your motives will enable you to set goals and stay focused as you work through the process.
2. Do the research.
Get to know your target customer and analyze your competition. I didn’t mention customer analysis earlier, but they also influence and impact your identity. Because the truth is, without our customers, we have no business. A deep dive into their personality and habits can help you learn what will resonate most with them. Knowing your competition is powerful. An analysis will take some time to complete, but it is insight you can use to position your brand for lasting success in your market.
3. Be true to who you are.
Know who you are and who you want to be. Your brand is more than a hip logo or slackline. Your brand is your story, your personality, your values, your mission and much more! It is an experience, and one that should be all your own. Your brand can do so many things for your business. It should set you apart, communicate a clear message, tell a story, build credibility, connect with your audience, motivate action, create memorable experiences and loyal fans. You can start your brand refresh today by doing a simple brand audit. Ask yourself how your brand is doing? How well does it do all the things listed above? Where are there opportunities to improve, and where can YOU shine?
About Megan
As Chief Marketing Officer of Tresler & Associates, Megan leads the marketing, communication and development initiatives for the Tressler brands. She works to strengthen the company’s position as a trusted leader in the legal and real estate industries.
Megan is an award winning web and graphic designer and writer with nearly two decades of business to consumer experience with large and small organizations in marketing, communications, business development, public relations, advertising and brand innovation. She’s an experienced consultant, working with large and small businesses in brand development and marketing strategy and leads brand development workshops for rising and seasoned entrepreneurs. Megan is currently working to complete her first book on brand development estimated for release in late 2024.
Megan is always happy to talk shop about branding. You can follow her on Instagram @mlclimer or reach out to her directly at megan@tresslerassociates.com.
Real estate investment trusts (REITs) are not typically something you’ll hear about unless you’re deep into the world of investment opportunities. They’re special companies that operate as trusts and oversee real estate investments. A company acting as a trust may sound strange, but this is how many large trusts work.
When someone with a lot of valuable property and capital places a significant amount of it in a trust, a group of people is continuously paid by the trust to maintain it. Sometimes they work to invest it to grow the contents of the account. A famous example of this would be the executors of the Tolkien Estate, a trust created to protect and maintain the property of the famous author J. R. R. Tolkien, writer of the Lord of the Rings book series.
Currently, Tolkien’s two main executors–Baillie Tolkien and Michael George Tolkien–and a team of lawyers and investors control and care for his estate. This is similar to how many REITs operate when put in simpler terms, but how it starts and benefits a regular investor is a different matter.
Who Creates a Real Estate Investment Trust?
A group of investors can come together or be broached by professionals to invest in real estate investment trusts. Regardless of whose idea it is, investors put money into a trust that purchases and operates real estate properties on their behalf. These investors can be wealthy individuals, investment firms, or large corporations.
What Are the Benefits of Investing With REITs?
REITs are perfect for when stock market investors want regular incomes. These allow investors to invest in nonresidential investments when they wouldn’t normally be able to. Real estate properties such as office buildings, mall complexes, and storefronts are usually impossible for individual investors to purchase themselves. With a REIT, they can.
What makes these trusts even more appealing to investors is that a REIT is what can be considered a highly liquid venture. These are exchange-traded trusts, where investors put liquid cash flow in and get liquid cash flow out. They don’t see real estate agents or title transfer companies if they don’t want to. To be safe, we would recommend that you have an attorney to oversee the title transfers and the contracts to protect your investments.
Investors also only have to be involved as much as they want, which is another reason to invest in a REIT. It operates like a business, meaning others run the day-to-day and only communicate with the investors when they need to put funding in or take the profit out. Though, again, we recommend that investors at least have their attorneys watching over any REITs they’re a part of.
What Can You Invest in With a REIT?
There are many different properties that can be purchased, managed, and sold by a REIT that should interest real estate investors. These include properties that would otherwise be near impossible for an individual investor to invest in themselves due to the time and money needed to make and keep them operational.
Apartment complexes
Healthcare facilities
Hotels
Data centers
Fiber cables
Office buildings
Cell towers
Energy pipelines
Retail centers
Self-storage
Timberland
Warehouses
Typically, a REIT will focus on one type of real estate, not all of these examples at once. Before you enter into any REITs, you want to make sure there’s a clear goal. It’s unlikely that there are many real estate managers who know how to manage apartment complexes, healthcare facilities, and cell towers. It’s not out of the realm of possibility that someone could manage retail centers and warehouses considering the connection between their businesses. They require business and legal research to make sure that your investment in a REIT is a safe one.
Contact Tressler & Associates Before Entering Any Real Estate Investment Trusts
A real estate investment trust is a good way to grow your portfolio and your capital, especially if you don’t have the time or energy to manage real estate properties yourself. But they aren’t bulletproof, so you need to make sure they’re with qualified investors and managers.
Our Tennessee real estate law firm has experience with writing and reviewing contracts and our estate planning attorney is well-versed in creating trusts. Additionally, our sister company, Tressler Title, is an experienced title search provider.
For any aspect of a real estate investment trust, contact Tressler & Associates today.
There’s never just one of anything. In contract law, this is especially true, and non-disclosure agreements (NDAs) are the perfect example of this. NDAs are contracts used by individuals and businesses to share private information safely. They legally bind individuals to share information with promises of confidentiality, save for a few exceptions. These can be shared with new and current employees, business partners, clients, and more. Anyone who might need to know a trade secret, a patent, or some other invention, should sign an NDA. But there are many types of NDAs, so you have to know which one is right for you.
The Three Tiers of NDAs
The different types of NDAs are broken down into tiers. At the top, there are three types, unilateral, bilateral, and multilateral NDAs. The rest of the specific NDA types fall under these three categories. Most are based on who has to sign the NDA. Not all NDAs are created equally, and they can only demand so much secrecy from strangers when compared to their employees.
Unilateral NDAs
To be a unilateral NDA, the NDA has to be one-way. This means that the business or individual is asking you to keep a secret, but isn’t keeping anything secret for you. Sometimes this happens because there is nothing that one side needs the other to keep private during their business arrangements. Sometimes it can also be because a business wants to release or use information from a case study and the NDA has to be one way to use information from it.
Employer-employee NDAs
It’s incredibly common for businesses to require employees to sign NDAs before they can start work. It’s common for businesses to have the intellectual property (IP) that they need to operate their business that also they don’t want their competitors to have. IP that would necessitate an employer-employee NDA contains:
Trade secrets
Patents
Business and development plans
Pricing data
Supply sources
Operation plans
Merchandising systems
Technical information such as projections and inventions
Stockholder information
Company-contractor NDAs
If you need to hire temporary contractors for a short-term project or to temporarily fill a spot, you’ll need an NDA. You can’t use the same unilateral NDA for employees as contractors because contractors aren’t your employees. They can be working with other companies while working with you. These other companies may be your competitors, or related to your competitors, so you need to have legal contracts designed for their situation.
Inventor-evaluator NDAs
When someone invents a patent or a prototype, they need NDAs to keep people from stealing their ideas.
Business Information: This includes the inventor’s financials, information on any vendors they use, the cost to develop the prototype, the cost to reproduce the prototype, and anything about the methods of conducting.
Customer Information: The names and contact information of any of the inventor’s customers.
Intellectual Property: This pertains to all parts of a prototype, including test data, test results, tools and services used in production, patents, copyrights, trade secrets, and unreleased marketing materials.
Service Information: All data relating to the inventor’s products and services that don’t count as IP.
Accounting Information: This includes balance sheets, company liability information, insurance coverage, expense reporting, profit, and loss reporting.
Seller-buyer NDAs
When you are selling a product directly to a buyer, you want to make sure that the buyer doesn’t reverse-engineer your product or give any important details to a competitor. A seller-buyer NDA will protect you by limiting one’s ability to share information on:
Business operations: This is the seller’s financial and internal information.
Intellectual property: IP in this instance is information relating to the seller’s research and development, and anything else having to do with their proprietary rights.
Production process: This includes all the processes used in the creation, manufacturing, and production of the seller’s process and services.
Computer technology: This includes all the technical and scientific information about any process or machine used by the seller.
Bilateral NDAs
These are also known as mutual or two-way NDAs, where both parties require the other to maintain a level of confidentiality. This is common in ongoing partnerships, specifically of the manufacturing kind. If a business needs a manufacturer to make their products and the manufacturer has a production process they want to keep private, a bilateral NDA is perfect for them. They’re also perfect for corporate takeovers, joint ventures, mergers, and acquisitions.
Multilateral NDAs
NDAs of this type include more than two parties. It doesn’t matter if it’s one, two, or all of the parties sharing confidential information, once there are more than two, it becomes a multilateral NDA. Many of the NDA types under unilateral agreements can be multilateral as long as only one party is sharing confidential information. If not, then these NDAs will most resemble bilateral NDAs where there are mutual promises and agreements to secrecy.
Contact Us for Help With All Types of NDAs
Our corporate law attorney has the experience needed to write any of your NDAs. Whether they’re with employees, buyers, sellers, or partners, we have the experience to make what you need. If you need someone to review an NDA that’s been given to your business or employees, we can review it to ensure you can realistically follow it. Contact our team today.
Non-disclosure agreements (NDA) are designed to protect your business’s intellectual property. When you operate a business, you likely have some sort of business secret that lets you separate yourself from your competitors. These can relate to your business’s operating process, your product, or just your brand. These can take the form of trade secrets, copyrights, patents, or trademarks.
NDAs are for when you need to share these business secrets but also need who you’re sharing them with to keep them secret. When someone signs an NDA, they agree to never reveal the business secret, or at least not speak of it until a certain time. But NDAs aren’t a one-size fits all solution. There are instances where someone cannot sign an NDA, so you either have to change your plans so you don’t need this person anymore or need another way to ensure their secrecy.
If you don’t know when someone cannot sign an NDA, the entrepreneurial and corporate law attorneys at Tressler & Associates can help.
Who Can’t Sign an NDA?
When it comes to types of people who can’t sign NDAs, that are a few groups who make up a large portion of the population:
Minors
People with compromised mental faculties
Intoxicated individuals
Someone who already knows the contents of the NDA
Minors
A minor is anyone under the age of 18 years old. They are not adults in the eyes of the law and do not have the capacity to understand and sign binding contracts.
While it’s not technically illegal for a minor to sign on a dotted line, no contract they sign is legal and is null and void. It cannot be used against them even after they eventually turn 18. This means that if a child gets a hold of or hears of your business’s secret through legal means, they can’t be made to keep it a secret.
A Person with Compromised Mental Faculties
Someone with compromised mental faculties would be considered someone who cannot make decisions for themselves. This can be due to mental disabilities, traumatic brain injury, or being in a coma. They cannot safely make decisions for themselves so they also cannot sign a contract. If they have a conservatorship, that person may be able to sign for them in certain situations.
Intoxicated Individuals
Anyone under the influence of alcohol or drugs cannot sign legally binding contracts. This means it is important to verify the mental condition of whoever you want to sign an NDA. If they can prove that they were under the influence when they signed the NDA, it can become null and void, while they still know your business’s secret(s).
Informed or Potentially Informed Persons
A person cannot be forced to sign an NDA for information they already know. This situation occurs when they have learned your business’s secrets:
Prior to being presented with the NDA
From a third party on a non-confidential basis
From reverse engineering a product or device
If you accidentally reveal important information to someone before they sign an NDA, any NDA they sign to keep that specific information secret is null and void. You can still have them sign NDAs for related information they don’t know yet.
For example, if they find out about a new product you have, you can have them sign an NDA about the contents or process of making the product. This way if they explain what they already knew, they’re likely to break the NDA for what they found out.
This same legal logic also applies to anything in the public domain. While someone may not know the specifics of what is in the public domain, they could have learned about it before they were asked to sign an NDA. They cannot sign an NDA to keep secret what they–or anyone–could know before they were shown the NDA.
Contact Tressler & Associates When Someone Can’t Sign Your NDA
Tressler & Associates can help you write airtight NDAs and other business documents. When someone can’t sign an NDA, there are other documents that can make them legally obligated to protect your business’s intellectual property. That’s just one of the solutions we can offer to help your business. For more information and a consultation, contact us today.
Starting a business is one of the hardest things you will ever do, and running a business is a close second. Every day will bring new challenges but also new possibilities to improve and further your business. Some possibilities bring risks that can seriously hurt your business, but also catapult it into the stratosphere. One of these possibilities is buying a business.
You can buy a business for many reasons. Another business may have a patent or technology you need or help you improve your revenue by opening you up to another industry. One of the more exciting possibilities is buying a competitor to take control of the market and allow you to do more of what you already do. There are many reasons to consider buying a business, but with any large business venture comes risk.
If you’re planning to buy a business but are unsure of what risks you may take on, consider contacting an entrepreneurial law attorney. We can look into the legal requirements and risks that go into buying a company, taking into account the new business’s size, your current business’s size, both associated industries, and what the state(s) requires for such a purchase. The attorneys at Tressler & Associates are ready to help.
What Are the Risks When Buying a Business?
Let’s divide potential business purchases into two categories: buying a business in the same or similar industry as your business and buying a business in a different industry. Some risks apply to both, but some risks are only associated with one type of business purchase and not the other. Some universal risks include:
Onboarding Employees: Odds are that any business you purchase will not have the same company culture as yours. This means the employees have different work processes and work ethics. You have to either reconcile these differences with your business’s working process or transition them completely to yours. If management is up to this challenge, this can cause both businesses to stall and suffer.
Onboarding Customers: Even if you buy another business, you still have to remind its customers that you’re here to serve/sell to them. Customers won’t automatically understand that your business is the only one that can help them without you showing it. You need to have marketing blasts, public transitions, and constant contact with your new customers. You also have to do so in a way that abides by corporate law, especially while the purchase is still going through.
Gathering Capital: You have to have the capital to purchase a business like you would anything else. In most cases, businesses would take out loans rather than spend a large amount of their business savings. Getting a loan leads to the risk of being in debt should the business venture go array. It can even be the reason the business venture doesn’t have the chance to work out because you can’t pay back the loans or other investments you collected.
Keeping Track of Taxes: While the types of taxes may change depending on what kind of business you’re purchasing, you will have to pay more and track more. When you have to start filing as one entity together, or as two separate entities, is something attorneys and financial analysts can guide you through as time goes on.
IP Ownership: Once you settle the transfer of trademarks, copyrights, and patents to your business, you still have to deal with branding issues. This extends beyond marketing but having to own the various different combinations of your brand with your new businesses. You also have two brands you have to protect. Even if you completely rebrand the business you’re buying to be like yours, you still have to make sure that no one infringes on your purchase’s intellectual property.
Risks of Buying a Business in Your Industry
While there may be fewer problems with onboarding employees and customers since you know what they sell, there are more problems surrounding the purchase itself. If you’ve been paying attention to the news, company mergers are popular right now, with names big and small gobbling each other up and disrupting their industries.
A small business buying up another small business isn’t going to be as big a deal as Disney buying 20th Century Fox, but it may affect your local community. Competition is key to our economy on every level. If there are three businesses in the neighborhood competing for the same audience and one buys another, then the third can do something about it.
The Federal Trade Commission (FTC) has several laws and regulations about this. You can be investigated and need your purchase approved if your business is important enough to your local economy or someone else in the market has a problem with it. This means you have to contend with competitors and the government if you’re not careful about your purchase. To avoid these kinds of problems, extensive research needs to be done across multiple fields, especially entrepreneurial law.
Risks of Buying a Business Outside of Your Industry
While the government may be less inclined to keep you from entering a new industry, competitors may be more so. When you buy a business in another industry, you aren’t removing one of the competitors in that market unless you plan to shutter the business. This does mean that you’re giving your purchase a perceived advantage in the marketplace by giving them your investment. Competitors will see this as a threat and try to drive you out. Sellers may even decide not to work with you because you’re not a trusted veteran in the industry.
Not having connections, even as rivals, can make it difficult to be successful. No industry is welcoming to outsiders, and you may have many competitors and tangentially related companies who actively try to keep you out. This can lead to a purchase that has wasted your money.
The other issue is that when your business operates across multiple industries, there are more laws and regulations you have to follow. If you’re not familiar with everything you’re buying into, you need an attorney who can explain it. You will likely need legal professionals to review your decisions for years before you’re operating in perfect condition.
Consider the Risks with the Help of Tressler & Associates
We have several attorneys with experience helping businesses find success in their many different business ventures. Our attorneys review business documents, create them, and work with businesses to plan for the future as best we can. This way, your business is less likely to be slowed and threatened by a business risk you want to take. Buying another business is one prime example of how we can help.
For entrepreneurial attorneys who can help you through the process of buying another business, contact Tressler & Associates today.
Most people don’t have the cash they need to start a business, so they get funding from lenders. If a small business owner has good enough credit and a good business plan, they can get funding from a bank loan. However, the bank often denies a startup a loan because they do not have strong enough collateral. This often leads to startups seeking funding from angel round financing or crowd-sourced financing.
But are these good alternatives? Sometimes small business owners will attempt one of these types of financing to get collateral for a bank loan, but is that a good idea? Both have their strengths and weaknesses and will work better for some startups than others. The entrepreneurial attorney at Tressler & Associates, PLLC can help you figure out which type of financing is best for you and what legal documents you need to attempt either.
The Pros & Cons of Angel Round Financing
Angel round financing is when a single or small group of high-net-worth individuals want to invest in a company. These individuals are called angel investors and make a profitby investing in shares of companies. They can later sell off their shares of the business for a profit or continuously profit off their share for years.
The Pros
Angel financing can produce more money. Depending on the worth of the angel investor, they may prefer to invest enough into your business that you don’t need a bank loan. This way, they can have a bigger stake and more profit while you take on less risk depending on the investor.
Angel financing is not a loan. While there are exceptions, it is uncommon for angel investors to treat their investment like a loan. They can seek a contract that says a small business owner will pay it back, but usually, angel investors don’t expect money to be repaid. They typically treat it as a business venture or investment that will lead to more money. This doesn’t happen if their investment is treated like a loan with minor interest.
Angel investors take on the risk. Since there’s no loan and the investment doesn’t have to be paid back, the risk on the business owner is lessened incredibly. If the business goes under, there’s no collateral other than the business itself. There’s also no bank breathing down your neck, damaging your credit score. While a failed business will affect your resume and portfolio, that’s something many would prefer over owing a bank after a failed business.
Angel investors are usually also business owners. Angel investors naturally want your business to succeed and are typically more than happy to provide advice, connections, and resources to help your business become successful. In many ways, an angel investor can be like a business partner.
Cons
Risk of more pressure while the business is operating. Ultimately, it doesn’t matter to a bank if you succeed or fail as long as you make your payments. They’re not going to pressure you to do well or change your business philosophy. An angel investor will, as they want you to succeed so they can get a profit. While having a business partner can be helpful, it can also be a pain if you have different business philosophies.
Angel investors have a controlling stake in your business. Where a bank cannot tell you how to run your business, an angel investor with shares in your company can. If you disagree and come into conflict on how to proceed, your business can stall.
The Pros & Cons of Crowd-Sourced Financing
Crowd-sourced financing is any funding you can get from donations from the general public. While going out and asking people for money isn’t feasible, online sites like Kickstarter, GoFundMe, IndieGoGo, and Patreon have made it easy for people to donate money. You can advertise your crowdfunding campaign on a budget and these sites will push them to help you find success. It’s not common for small businesses to fund their entire startup on crowd-sourced financing, but it’s how many have attracted investors or gained collateral for a bank loan.
Pros
You can choose whether your funding is equity-based. To be equity-based means that anyone who invests is investing for a portion of your business’s shares. Not all crowd-sourced financing options allow for this, but you can use one that does to reward investors for funding your business. At the same time, you can choose not to, so you don’t owe anyone anything but an attempt at starting your business.
Creates proof that there is a market for your business. When you start a business, it’s to offer a service or product. Investors are investing in the idea that people want to use that service or product. When you can’t presale a product before production, crowd-sourced financing can prove consumer interest. It’s hard to argue that there’s no market for your business when people are paying you without even getting the service or product.
You can use crowd-sourced financing at any time. You don’t have to attend conventions or make appointments with investors. With crowd-sourced financing, you decide when to ask for funding. This is useful when you need to attract investors, purchase collateral, or cover the surprise costs of starting a business. It’s a lot faster to start a Kickstarter campaign than it is to find an investor.
Cons
Fundraising is often limiting. Angel investors are usually incredibly well-off, enough so that if your business fails, they’ll make it out just fine. With crowd-sourced financing, you’re relying on the general public. There’s no guarantee that they’ll have the money you’re looking for or offer it to you. Crowd-sourced financing also rarely provides enough money to start a business. Its strength lies in covering costs or helping startups afford collateral for a bank loan.
Which is Best for Your Startup?
When it comes to angel round financing vs. crowd-sourced financing, it depends on how you feel about potentially taking on business partners. It’s unlikely that angel investors will just leave you to your own devices. If you feel your business can only succeed under your vision, you can’t do angel round financing, but if you welcome help, angel investors are the way to go.
If you wish to pursue crowd-sourced financing, your best option is to use it to collect collateral or prove to a bank that your business is a safe investment for a loan. Then you can run your business without outside interference as long as you pay back loan payments.
Why Do You Need an Attorney for Angel Round Financing & Crowd-Sourced Financing?
Whether you partner with angel investors or take out a loan, you need legal documentation protecting your rights to your business and the money you take. Failing to obtain documentation can use serious problems in the future, and potentially cause you to lose your business.
Even with crowd-sourced financing, you need to establish control, and how much power your supporters do or don’t have. For specifics on what documentation you need, how to create them, and how to file them, you need an experienced entrepreneurial attorney.
Contact Tressler & Associates, PLLC for Help
Starting a new business is something you have to take seriously. Once you know what kind of business you want to start, financing is the most important thing. Without money, you can’t start a business, but money can come with unwanted consequences.
Contact the entrepreneurial law attorney at Tressler & Associates, PLLC for help. We’ll help you make sure that your financing and your control over your business are protected.
