By Guest Contributor Sabine Weyergraf

www.weyergrafimmigration.com

There have been many discussions about our Immigration Laws lately and a lot of ideas on how to change the system. While there have been small changes in some areas of the law, nothing major has changed for foreign entrepreneurs. There are still four main visa categories: L-1 Intercompany Transfer Visa, E-2 Investor Visa, E-1 Trade Visa, and EB-5 Investor Immigrant Visa.

A new trend in the L-1A Intercompany Transfer Visas is that Immigration now emphasizes the “size” of the already existing foreign business more than it did before. For smaller businesses with less than ten employees, it has become very difficult to receive an L-1 visa to open up their U.S. subsidiary. However, if the foreign business is indeed large enough, the L-1 Visa category is still very much alive. The U.S. subsidiary can be a start-up or an existing business that is purchased.  The U.S. business does not have to be in the same line of business as the foreign business.

The E-2 Visa is still the most practical visa category for most foreign entrepreneurs.  It does not require that a foreign business already exists. The major requirement is that the entrepreneur invests at least $100,000 in the purchase of an existing business, a 50% partnership or a start-up company. If an existing business is purchased, Immigration wants to see the last three years of Federal Income Tax Returns for the business and, if possible, see that the company already has employees in place. However, there are always exceptions to this rule. If the business has not been active for three years or has only engaged workers on a 1099, it is very important that the business plan shows the full potential of the business. When applying for an E-2Visa, it is critical to show the officer how the investor will develop the business to be profitable and able to hire employees over the next five years. For E-2 Visas, the applicant must create a clear picture of what the business is and its potential to make a significant economic contribution to the U.S. economy.  It is also important to know your U.S. Embassy, as most E-2 Visas are applied for directly at the Embassy of the home country or place of residency of the investor.

Immigration seems a little more open minded when it comes to E-1 Trade Visas. The E-1 Trade Visa is now not only used for the classic trade of goods between the U.S. and another country, but also for the trade of services, for example insurances, construction, or consulting. The E-1 Trade Visa requires that trading is already in place when the application is presented. However, there is not a minimum requirement for the amount of investment or number of employees, which makes this an attractive visa category.

There are always changes in the EB-5 category.  Sometimes these are for the better, but more often, they are not.  An investor still can invest $500,000 to $1 Million into either his or her own business or a Regional Center, create jobs for ten full-time employees within 2 ½ years and in exchange receive a permanent right to stay in the United States. However, there is a tricky point with this.  The first green card (permanent right to stay) is only issued for two years, if the 10 full-time employees are not in place by then, the final permanent green card will not be issued.

It remains to be seen if Washington will make it more attractive and predictable for foreign entrepreneurs to invest in the United States.

Sabine Weyergraf is the funding partner and New York licensed attorney practicing solely immigration law with Weyergraf Immigration, PA in Sarasota, Florida.

Contact: 941-706-4102, sabine@weyergrafimmigration.com
This article is provided for general informational purposes and does not constitute legal advice.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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As we discussed in the last article – although there are many reasons to use a business broker, I will focus on just a few of the main reasons from my personal experience.
Confidentiality

This is usually one of the first questions that I get asked and is definitely one of the most important. We are held to a higher standard than Realtors or commercial agents because the confidentiality of a business that is on the market needs to be paramount. Here are two recent examples that will highlight why you need a business broker and not just an agent in the real estate industry if you want confidentiality to stay in place.

1. A Realtor asked us to disclose a business to a client of his. While we do not necessarily cooperate with a Realtor we will pay referral fees. I asked the Realtor to give me some background on the buyer, like what they were looking for – and not only did they not have this basic information, they did not even have the client’s full name.

2. Loopnet is used to lease or purchase commercial buildings, not to sell businesses. I recently acquired another business listing where the commercial agent listed the business on Loopnet, posted a picture of the logo of the business and then added a disclaimer of “Do Not Speak to the Staff”!

Saving a few percent on listing fees may not be worth your clientele or an employee finding out that your business is going to be sold.

We already have much of the necessary information on most of our buyers such as financials, background and requirements for a business so we can quickly qualify or disqualify a business as a likely fit. If it is a buyer we do not have this information about, we will get it. Once we are sure of a possible fit between a buyer and a business, we systematically release pertinent information so confidentiality can be maintained.

Packaging Business Documentation for Sale

One of the skills we possess is properly packaging the business documentation into a format that will satisfy a buyer, lender, CPA and an attorney while knowing what each one will want/need to see as not to affect a deal. This information can include recasted financials, SWOT analysis (Strengths, Weaknesses, Opportunities and Threats), valuation methods, and details of the business such as advertising, staff duties and pay, press and so much more.

Although there are many other reasons to use a business broker such as negotiating strategy, maximizing price, paid advertising by the broker, business advice such as contracts and so much more there is no doubt that using a qualified business broker has many benefits to assist in selling your business quickly and professionally.

Want to read The 4 Big Reasons You Should Use A Business Broker, Part 1? Click here.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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By Guest Contributor Robert Parks of Priority Payments South Florida

Most people take the employee handbook for granted. In reality the handbook is the single most important tool for new hires as well as current employees. The employee handbook relays important information such as the history of the company, mission statement, policies, procedures, benefits and legal compliance issues on the state and local level. As our society becomes more and more litigious the properly formatted and executed employee handbook could expose or protect the company in discrimination or other legal claims. A small amount of time now reviewing and updating your handbook could prevent a large settlement later.

It is recommended that the employee handbook gets reviewed at least once a year. An updated handbook needs to reflect current laws and regulations and should adapt to changing business practices as well. So, what are the basics to handbook management and what are the common mistakes?

The first item should be the acknowledgement and at-will form. This states the employee relationship and receipt of the policies. At-will employment should be referenced several times in the document including under the disciplinary and termination sections. It is vital that all employees are aware of how policies can be altered and who sets the standard.

In the current climate it is important to list all current anti-discrimination, immigration and harassment policies. One area to reference when preparing your handbook is the ADA (Americans with Disabilities Act) and current federal guidelines for immigration compliance.

Throughout your handbook your policies should reference applicable state and federal laws and guidelines and a human resource expert should be consulted for any areas that may cause confusion. This document is the first and last protection for you and your employees and should always reflect current laws.

Now comes the meat and potatoes of any employee handbook document: policies and procedures. The important thing to remember when building your policies is to be specific and clear. There should be no vague terms or steps. Each policy should be spelled out in its entirety with the specific ramifications and steps involved. The disciplinary policy is one of the most vital steps. Do you have warnings? How many do you have before written notice and what violations cause immediate termination? In the computer age your policies on cell phones, passwords and documents could be one of the most important functions of the handbook. Always remember when building your policies that this document can be used as your defense or as evidence against you. A properly functioning handbook could make the difference between victory and a large settlement.

The employee handbook is not a document to be taken lightly; it is the lifeblood of your company. A well thought out handbook shows your team that you are looking out for them and helps to develop teamwork and moral. Conversely a poor document can tear a team apart and cause unnecessary turmoil. When crafting your employee handbook you should always consult a human resource expert who has the knowledge and skill to create a well rounded document. As the environment for the twentieth century changes your company must evolve or become extinct.

Robert Parks
Payroll Operations Director
Direct: (239) 980 2958
Office: (877) 266-7063
Fax: (239) 603-6690

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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If you own a business, then a good deal of your life is about mitigating risk. You have insurance policies to cover unforeseen events like fire and theft, but the insurance you really need isn’t a policy at all.

You need to be prepared to sell at any time, and by being prepared you ensure that you will be able to handle whatever major upheaval is forcing you to sell and the sale of your business simultaneously.

Most owners don’t plan for this eventuality, assuming instead that the timing of a sale will be on their own terms and will occur peacefully near retirement age. This isn’t always the case, so many owners are stuck trying to contend with a personal catastrophe and then also having to put together what’s needed for a successful sale – all why trying to keep the business doors open long enough to get it sold.

How do you avoid this high-stress nightmare scenario? Set yourself up with your own in-case-I-have-to-sell insurance by maintaining your business in a ready-to-sell state.

Some pointers on how to do this?

Keep your books in order.

If you are a business owner who keeps records by shoving stacks of receipts and daily report print-outs in a box under your desk – it’s time for an organizational change. You would need to have legible and well put together financial statements and business records (like P&L’s, copies of contracts and leases and the last handful of years of tax returns) to give to any potential buyer. Getting your books and records into a user-friendly format and then keeping them that way will save you the headaches of trying to find and assemble all of the documentation buyers will want when you have too much going on in other parts of your life.

Keep the business in good, clean shape.

First impressions are always a big deal, and many owners get a little lazy with the appearance of their business over time. You will always have tomorrow to repaint that wall or fix that leaky cooler, right? If you don’t want to drive buyers away in that oh-so-critical, need-to-sell time then you need to change the way you maintain the physical appearance of your business in the same way you maintain the books. Not only should you keep everything in good repair, you should also keep your business clean. One of the major complaints we get from buyers after a first visit is how dirty a business was. If you have a major issue that is compelling you to sell, you can’t afford to have buyers think your business is filthy – because if you haven’t even kept the place clean, what else have you let slide?

No one wants to be forced to sell their business, but situations frequently arise that require sellers to do just that. Set yourself up so that you could potentially sell at any time and you will help mitigate the stress of what would already be a very stressful situation. It’s the smartest insurance you can give yourself.

Are you a business owner who has never even thought about an exit strategy? Would you like to know how you can get your business in ready-to-sell shape? Ask us! Please feel free to leave a comment or question here, and we would be happy to help.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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If you have ever considered entering the world of entrepreneurship by buying a business, now may be a great time. There are three factors currently at play that buyers should consider if they have been waiting in the wings for the perfect time to buy.

The Recession Is History

The recession hit everyone hard, especially in the small business market. Small business owners tried to sell, but since there was a lack of funds for buyers, most sellers ended up just closing the doors or taking big financial hits long enough to stay in the game. Now that we’re in 2014 and the economy is in an upswing, the small business market is a far better place to be. Sellers are seeing their businesses rebound and are ready to try to get a return on their investment. Baby boomer business owners are also in a place where they are able to retire from business ownership. All of this is great news for buyers. There are more great businesses on the market than there have been in the last handful of years, and sellers are motivated to get deals done.

Welcome To The Digital Age

Most buyers are not part of the baby boomer generation and have grown up with ever-evolving technology by their side. The business brokers in decades past may have relied on print advertising to get businesses sold, but now digital is definitely the name of the game. Online business search tools and listing services make finding a business far easier than it was even ten years ago. Digital marketing packages and multimedia (like video tours of a business) give buyers greater access to more information. Even some legal documents can be digitally signed, like a non-disclosure agreement, meaning less time shuffling paper and more time finding the right business for you.

Seller Financing Is Still The King

If this wasn’t true before the recession, then the economic collapse definitely hoisted seller financing to the top of the heap in terms of how business deals get closed. In the wake of the recession, many traditional lending institutions are still gun-shy about financing small business deals. The good news for buyers is the recession opened the minds of many sellers. When the banking industry clamped down on lending, the only way business deals closed without the extremely rare all-cash offer was when sellers financed part of the deal. The same still holds true in 2014, as many deals involve at least a bit of seller financing.

If you are a future business buyer waiting for the right time to enter the game – today is the day. With the willingness of sellers to offer financing, the ease of the digital age, and the resurgence of the economy on your side – now is a great time to buy a business.

Have you thought for years about buying a business, but haven’t yet made the leap? Did you try looking for businesses during the recession but didn’t find anything you liked? Would you like to have a look at what’s currently on the market? Click here to see businesses currently for sale in Florida, or leave us a comment or question here. We would be happy to help you on your journey to entrepreneurship.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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If you are selling your business, you may think it doesn’t matter if a buyer likes you or not – but in small business sales a buyer’s impression of the seller can mean the difference between a successful sale and a deal falling apart.

Why? You are a major part of your business, and like it or not, your actions towards your business and towards buyers not only say a lot about you, they say a lot about the way you’ve handled your business in your time as owner.

How do you ingratiate yourself to buyers? Here’s a few ways:

Be Personable

You will likely meet more than one potential buyer while your business is on the market, and whether you are freshly excited about the prospect of selling or you are completely burned out on the whole process, you need to be nice to any buyer you meet. A seller who is condescending or rude to a buyer has probably treated their employees and customers the same way. The buyer’s opinion of your reputation in the community can come across (whether accurate or not) in one bad interaction with a buyer.

Become An Organization Guru

Not all small business owners are masters of organization, but when you are trying to sell your business you need to at least appear as if you are. An unorganized owner may have let an important aspect of the business fall through the cracks, leading to issues down the road for any potential buyer. Ask your broker to help you get your books and business records in a buyer-friendly organized form before an actual buyer ever has a look.

Don’t Drag Your Feet

This one happens more often than you might think it would. One would think that all sellers are motivated to get their business to the closing table, but the selling process isn’t an instantaneous one. It typically takes between 9 and 12 months to get a business from listing to closing, and in that time many sellers get tired of having to answer questions and provide documentation to buyers. Don’t get burned out and start dragging your feet, as you will drive away perfectly good buyers out of their frustration with your perceived lack of cooperation.

Follow Through – On Everything

Nothing is more frustrating that when someone tells you they will do something and they don’t follow through. Deals fall apart everyday because a seller didn’t show up for a meeting, canceled at the last minute, didn’t provide a requested piece of information – you get the idea. Buyers are about to spend a very large amount of money on your business and they want to be reassured they are making the right decision. Knowing they can depend on you to follow through will help immensely with the confidence of a buyer.

Honesty Prevails

Every business seller has a few things they would love to keep from buyers, but the fact of the matter is buyers will almost always find the skeletons in the closet during the due diligence process. Anything you were not forthcoming about, anything you lied about – it will come out and it will likely kill your deal. Always be honest, about everything, because in a lot of cases seemingly large “skeletons” are something that buyers are willing to deal with if they are aware of them from the beginning.

If you are ready to sell your business, remember that you and your actions say a great deal to buyers about the way you run your business and the reputation your business has within the community. Do what you say you will do, be honest, be nice, and stay organized and you will set yourself up for a much more successful business sale.

Are you a business seller who has questions about why it is so important that buyers like you? Do you have an experience where clashing personalities between yourself and a buyer killed a deal? Please feel free to leave us a comment or question here, and we will be happy to answer any question you may have.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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When looking at the time period between 2006 and 2012, one of the cities in the United States who made the top 8 for population growth is Cape Coral, right here in southwest Florida!

http://www.inc.com/graham-winfrey/the-fastest-growing-cities-have-affordable-housing.html

Why here and not New York or San Francisco? The current trend of growth is away from the large coastal cities where real estate prices are through the roof and towards areas where housing is more affordable. Cape Coral is still a coastal city, but without the extreme home prices – the best of both worlds.

This is great news for a small business owner who is considering southwest Florida as an entrepreneurial destination, as a growing population will mean a growth in the local business market as well.

Are you thinking about buying a business in southwest Florida, but have questions about the types of businesses that are currently available? Click here to search for available businesses! Do you want to know more about the local business market? Ask us! Please feel free to leave us a comment or question here, and we would be happy to help.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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When you are looking at buying a business, there are a lot of questions you will want answered.

How much does the business make?

What kind of numbers were on the last three years of tax returns?

How many employees are there?

How much are the monthly lease payments?

While the answers to these questions will be pivotal in helping you determine if a business fits with the goals you are trying to achieve, the more important questions will be the ones that go beneath the surface and delve into the motivations of the seller. The motivations of the person who has owned and operated this business (and now wishes to sell and move on) will speak volumes about the business and about the scenario you are about to put yourself in. This is part 2 of a two-part series addressing the motivational questions you should be asking sellers.

Question 4: What does the seller want out of the sale?

Not all sellers are motivated by money alone. In many small businesses, the staff have become family, and a seller may be very concerned with the future of key employees. In other cases, the reputation of the business within the community may mean a lot to a seller, and they will want to hand-pick a buyer who will continue that legacy. By asking what a seller really wants out of the deal, you will find out many things you wouldn’t have otherwise – like who the pivotal employees are and how the business ranks in the community.

Question 5: If the seller had unlimited time and resources, what would they have done to grow the business? What has prevented these changes from taking place?

In any business acquisition, one of the major considerations will be opportunities for growth. Where can the business go in the future? Who better to ask than the person currently holding the reins? Many small business owners have great ideas for growth and expansion that they have cultivated over the years, but for whatever reason have not had the time or money to implement. As a new buyer, these ideas can give you a great idea of the potential of the business, as well as give you ideas for changes you can plan to implement yourself.

Are you a business buyer who wants to know what kinds of questions to ask sellers? Do you have additional questions about what kinds of answers you should be looking for? Ask us! Please feel free to leave us a comment or question here, and we would be happy to assist you with your business buying questions.

Want to read Par t 1? Click here.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

No Comments »

When you are looking at buying a business, there are a lot of questions you will want answered.

How much does the business make?

What kind of numbers were on the last three years of tax returns?

How many employees are there?

How much are the monthly lease payments?

While the answers to these questions will be pivotal in helping you determine if a business fits with the goals you are trying to achieve, the more important questions will be the ones that go beneath the surface and delve into the motivations of the seller. The motivations of the person who has owned and operated this business (and now wishes to sell and move on) will speak volumes about the business and about the scenario you are about to put yourself in. This is part 1 of a two-part series addressing the motivational questions you should be asking sellers.

Question 1: Why are they selling?

There are two major reasons that someone sells a business.They want to move on, or they are abandoning a sinking ship. Sellers who wish to move on might be entering retirement or they may have their sights set on a different business venture. You might need to pay a premium price for a business where a seller is just looking to move on, but this motivation to sell has nothing to do with the business itself – it has more to do with the personal life of the seller.

If you come across a business seller who is trying to get off of a sinking ship, don’t walk away just yet. Dig deeper to find out what the problems really are. If they are fixable, the current financial state of the business may mean you will be able to get a great price, but there will be an immediate need to implement changes that will turn the business around.

Question 2: Will they agree to a non-compete clause?

While this isn’t a common issue, as almost all purchase contracts contain a non-compete clause, you should be wary of a seller who refuses to offer a non-compete clause as part of the deal. Some sellers like their concept, but have decided to move the business to a different location. They try to sell the business, then open essentially the same business in a more desirable place. You don’t want to end up with a business in the wrong location or a business whose regular clientele will immediately follow the old owner to the new location.  A non-compete clause is the best way a buyer can protect themselves from these issues.

Question 3: Where did the listing price come from?

This may seem like  a straightforward question, but the answer will help you differentiate between a motivated seller and a seller who has no intention of selling. No intention of selling? Yes, it does occasionally happen that a seller gets pressure from family or elsewhere to put the business on the market – but they are so emotionally attached to the business that no amount of money will be enough to get the deal done. Asking a seller how they came up with the listing price will speak volumes about how realistic this seller will be throughout the process.

Are you a business buyer who wants to know what kinds of questions to ask sellers? Do you have additional questions about what kinds of answers you should be looking for? Ask us! Please feel free to leave us a comment or question here, and we would be happy to assist you with your business buying questions.

Want to read Part 2? Click here.

Michael Monnot

941.518.7138
Mike@infinitybusinessbrokers.com
1910 Park Meadows Drive, Suite 202
Fort Myers, FL 33907

https://infinitybusinessbrokers.com

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