Starting a Business

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Generally, the easiest way  for a buyer to purchase a business is through an Asset Purchase Agreement.  The buyer is not actually purchasing the business itself.  One commentator has described it has buying the seller’s merchandise without buying the store.

Buyers tend to favor asset purchases for several reasons.  First, the buyer obtains the…

If you are selling your business you should not divulge trade secrets and confidential business information without a signed confidentiality agreement.  The theft of trade secrets is an increasingly litigated issue.  In the business sale context this often happens when negotiations break down and the potential buyer decides they can start their own business. …

When forming small businesses I am sometimes asked whether the owner(s) must form a board of directors consisting of members from various backgrounds who are not actually owners of the business.  While it may work in certain situations, I have not seen this model work real well for most small businesses.  By their very nature…

Today I had a discussion with another attorney about the the pros and cons of franchising.  We determined that while many business owners may think they want to franchise, it is often not the best alternative for their business.  If you are interested in the topic you may want to check out this article on…

I listened to an insightful podcast from Becky McCray of Small Biz Survival called Nothing New.  She also quotes Dr. Samuel Johnson who once said, "People need to be reminded more often than they need to be instructed." 

That is so true when it comes to helping businesses recognize legal issues.  So often what…

New York small business lawyer Imke Ratschko wrote an excellent blog post on Web incorporation services.  She found a blog post by a California business lawyer who described a certain Web incorporation service as almost a scam.

Imke also shares her reasons why people are better off choosing business lawyers to perform incorporation and LLC…

I tell clients they need to establish relationships with at least four professionals when starting a business including:

  • Lawyer
  • Banker
  • Insurance Agent
  • Accountant

As tax season kicks into full force many business owners may be considering hiring an accountant to complete their business taxes.  I always get worried when a business person tells me he…

In Iowa, the sole owner of a business generally has the following choices for type of business entity:

  • Sole Proprietorship
  • S Corporation
  • C Corporation
  • Single-Member Limited Liability Company

Some of the factors you may want to consider include:

  • Do you need limited liability protection?
  • How will profits be taxed?
  • Can you take advantage of certain

…