Monthly Archives: April 2017

Small Business Incorporation: Are Your Personal Assets Really Safe?

Small Business Incorporation: Are Your Personal Assets Really Safe?

Many entrepreneurs understand the benefit of small business incorporation, but they don’t realize how easy it is to lose their “corporate status” if they get sued or end up in bankruptcy. This is dangerous because then the court can come after their personal assets (like their house, car, savings, etc)!

Today, I will review a little bit of why incorporating is so important for small business owners, and then tell you five simple steps you can follow to protect your personal assets, even if your business gets sued or goes through bankruptcy.

Small business incorporation makes sense for a couple of reasons. First, because it protects you from personal liability, and second, because it offers you some great tax advantages. For today, we’re going to just focus on the personal liability part.

When you incorporate, your business becomes like another person. This other person has it’s own bank account, it can own things like property, and it can take risks. Even if that “other person” (your business) goes completely bankrupt or gets sued, you are safe (assuming you do everything correctly).

This is important because many new businesses fail, but you as the entrepreneur don’t want to fail. You want to pick yourself back up and start your next business which will be even more successful. Failure is a necessary way to learn, so we want it to be as painless as possible. Small business incorporation is the key to doing just that.

When everything works like it should, then yes, you personally are protected. But there are certain situations where your corporate status doesn’t help you out, and every business owner should be aware of them!

You see, setting up a company gives you so much protection from liability, that unethical people in the past have tried to take advantage of it. They have gone through small business incorporation just to create “shell corporations”, or businesses just for the purpose of liability protection, to help them get away with various crimes.

Of course, the law had to be modified to weed out these people and make sure they were appropriately prosecuted. But in the process, the requirements for honest small business owners became tougher. Some extra steps are now required to make sure your corporate status stays intact.

By the way, whenever a court decides to waive the corporate protection and actually prosecute the owners behind the company personally, they call it “piercing the corporate veil”. (Lawyers always like to come up with fancy names for things.)

Following are the top five ways to protect you personal assets after going through small business incorporation. Make sure you do these correctly, and you can be sure that even if your business experiences a colossal failure, or gets sued out of existence, at least your personal assets are safe and you can start over.

1. Never Engage in Fraud or any Criminal Act

This sounds simple, but many small businesses owners unknowingly break the law. Never sell a product you know is defective or doesn’t work, misrepresent something in your advertising, forge any signatures, or pull a bait and switch (offer a great deal to get people in the door only to tell them it is out of stock so you can sell a substitute.) Run your business honestly and with integrity every day, and it will pay off in the long run.

2. Never Misrepresent Your Corporate Officers or Members

Don’t ever lie about who is involved in your company. When it comes time to ask for investors, or get people to support you, you may be tempted to exaggerate about who is actually working with you. If they haven’t actually signed your operating agreement (an important step in small business incorporation), then they aren’t your partner.

3. Make Sure Your Follow All Corporate Formalities

If you are going to claim you are a company, then you’d better act like a company. Small business incorporation requires plenty of little steps that can be easy to forget. That means you have to file all important documents and keep records of them (your operating agreement, articles of incorporation, and DBA for example). You also have to keep detailed financial records. You could pay a lawyer to put all these together for you, but this will cost you thousands of dollars. I recommend taking the time to learn these relatively simple steps yourself. There are some great resources out there.

4. Keep Your Business and Personal Assets Separate

The business has to have it’s own bank account. The money in that bank account is not your money. It belongs to the business. In fact, if you decide one day come along and take some money out to buy yourself a Hawaiian vacation, that is called embezzlement (a crime)! Often, the first time through small business incorporation, new business owners (especially if they are the sole owner) don’t understand this concept. The money in the company is not theirs. The company is like a separate person, and all assets must be treated as such.

5. Never Treat the Business’ Assets as if They Were Your Own

Don’t deposit your personal checks into the corporate account. Don’t use company money to finance your personal life and hobbies. Don’t lend the company car to your buddy for a weekend excursion. Don’t set up a cot in the back of the office and start living there! Again, the business and yourself are two separate people. Treat them accordingly.

With these five basic steps, you can be sure your small business incorporation holds up in court in the event your business goes under.

Many successful business people, from Donald Trump to John D. Rockefeller, went through periods of ups and downs in their life. Not every company they bet on was a success. But they managed to survive and lived to fight another day because they where smart enough to go through small business incorporation correctly. They followed the above five steps to make sure they wouldn’t lose their corporate status in the event of a lawsuit. They made sure that their personal assets were safe, even if the company went bankrupt.

Brian Armstrong makes it easy to learn the secrets of todays top business owners. To discover the “7 Essential Steps to Starting a Business” in his Free Online Course , visit this site now: Small Business Incorporation

Payroll Outsourcing Gaining Momentum

Payroll Outsourcing Gaining Momentum

According to recent research, the global human resources outsourcing market will reach $ 162 Billion by the year 2015 with payroll outsourcing playing a major role in the industry.

Global Industry Analysts released a research report on the 9th of February concerning the continuous growth in the HR outsourcing industry. The report speculates that, with the global economic downturn, cost reduction has become paramount for business with focus on smaller investments in outsourcing single processes, as well as enhancing the significance of HR outsourcing. Payroll is just one of the areas that are more commonly outsourced due to the inherent complexity of the function and the required accuracy as it is carried out.

Meanwhile, a study by PriceWaterhouseCoopers in conjunction with ADP (NASDAQ:ADP) on the 1st of February specifically focused on the true, hidden costs that can be associated with payroll and HR administration when done in-house as compared to when outsourced with ADP, or comparably, to other outsourcing companies. According to the study, organizations that retain payroll, workforce administration, time & attendance and benefits administration in-house spend on average 18% more than those that are outsourcing. With larger organizations spending 27% more than smaller sized organizations and organizations using software vendors spending 32% more. The report further states that despite speculation stemming from significant technological advances in payroll administration software, costs for payroll administration has increased since 2003, contrary to belief.

Increase in acquisitions and partnerships among software and services providers have also been observed in the past few days. Workforce management solutions provider, Valiant, announced on the 25th of January that it has acquired payroll & consulting services provider to the restaurant and catering industries, Payroll Computing Services in an effort to expand its presence in the hospitality industry. The company is seeking to reinforce it’s, “strategic commitment to expand market share on the Valiant platform of web-based Workforce Management Products (WFMP)”. Meanwhile, company Xcel HR announced on the 8th of February that it has acquired Astra HR, achieving “rock solid support” for its payroll platform. On the heels of this news is payroll, HR and benefits outsourcing solutions provider, Paychex Inc’s (NASDAQ:PAYX) completion of its acquisition of SurePayroll, a Software-as-a-Service payroll processing provider.

One country that may soon see marked increase in payroll outsourcing is outsourcing destination India. The country’s insurance regulator, the Insurance Regulatory and Development Authority (IRDA), issued guidelines early this month regarding the outsourcing of activities among insurance companies. The organization stipulated that insurers must take the necessary steps to ensure that company’s outsourcing activities should not result in internal control, business conduct or reputation being compromised. The IRDA identified payroll management among others as a non-core activity, and as such, will likely lead to more business from insurance companies that are complying with the IRDA and restricting outsourcing activities of core functions.

Payroll administration services will, aside from seeing increased market growth, also likely see major advancements in process as competition also increases. Likewise with more companies choosing to adopt outsourcing over software solutions, more partnerships and acquisitions among software and solutions provides will also likely be evident. With outsourcing of non-core activities gaining popularity, the expected growth in the payroll outsourcing market may barely scratch the surface on the depth of adoption of outsourcing of these kinds of services and the class of service that outsourcers will be able to provide in the future.

Audrey B is a Strategic Solutions Executive of Infinit Outsourcing, one of the leading process outsourcing companies that cater to small and medium sized businesses. Infinit Outsourcing offers finance and accounting solutions, including accounts receivable collection, to companies who are looking for a dedicated outsourcing partner.

Benefits of Franchising a Business

Benefits of Franchising a Business

Your business is up and running and your customers are coming from near and far to buy your products or services. It might be time to franchise your business if you think your business is unique enough to expand a new branch into every town in order to maximize your brand presence.

Franchising a business can be very profitable and can provide the exponential growth otherwise not possible. It gives the franchisors a chance to expand their businesses manifold and this means generation of more profits and more capital gains.

Another benefit of franchising a business is the lower capital requirement. Franchisors can limit their costs by opening a chain store rather than opening a second store. The franchisor will only need to pay for training and administrative aspects once a franchisee acquires one branch. Franchisees need to bear certain part of the day to day running expenses of the business and keep control of the daily affairs. This saves the franchisor of botherations that otherwise would have fallen on their shoulders had they open an altogether new branch under their direct supervision. However, to start off a franchise; franchisees need to have a significant amount of cash at hand. Although they may pay an upfront fee, franchisees will be assisted by the parent company at the start of the business. This includes arranging the lease agreements, designing and constructing the store, and marketing strategies.

Franchising allows you to grow without sacrificing control over the business. You may not have minute by minute control, but you have control over how franchisees should operate the business; you create and dictate the operating system. If franchisees don’t follow your system, then you can revoke the franchising agreement and take back the business. This is another benefit of franchising a business.

Knowing how to franchise your business is essential. There are different ways in which a business owner can convert his traditional business into a franchise model. You will want to consider the best opportunities that match your lifestyle, business and financial goals. Without knowing how to franchise your business you could spend a tremendous amount of time and effort trying to find the exact way.

Hiring a franchise consultant is not only the best beat when considering franchising your existing business but also essential. Franchise consultants provide different types of franchise services, from buying a franchise to franchising an existing business. The franchise consultant will devise a plan for you which ensure that you are going in the right direction.

Franchise consultants, along with your franchise attorney, provides you franchise services to establish your initial business plan, help iron out any questionable details or omissions, and design the best proposal to present to the marketplace. In addition, they can assist you in finding the best franchisees to invest in your company, and successfully match you with partners who are more likely to be successful in maintaining your brand’s integrity.

Franchising a business can be an effective tool to ensure its growth and larger market share. Many businesses have gone this route and become global leaders in their line of operation. Such companies include: McDonald’s, KFC, Dominos, Pizza Hut and many more… However, franchising cannot be tailored for every business owner. So, it is advisable to talk to franchise experts before you start franchising your business.

Sparkleminds is one of its kind organizations that provide franchise services for corporate houses. They have expertise in franchising a business by creating consciousness among masses about various facets of the franchise. This is one of the major objectives of Sparkleminds. This particular article illustrates these points further.

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