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Starting a business
and being your own boss can be exciting and for many it is the professional
goal of a lifetime. Thousands of new businesses are started everyday,
yet history shows that a majority of them fail because of a flawed business
concept, inadequate financing or poor management. Starting a new business
can be risky and here are some issues to consider before taking that big
step.
Do you have the
psychological make-up to start a business?
Starting a new business is risky and you need to be sure you can handle
the risks.
- Risk of failure
- Starting a business is risky, both from a financial and mental point
of view. Do not let the excitement and thoughts of success blind you
to the facts that you may lose money or your business may fail
despite a lot of hard work. If you cannot accept these risks, you will
probably be better off continuing to work for someone else.
- Risk of rejection
- Every business must generate sales, and during that sales process,
it is inevitable that some (or most) potential customers will not buy
your product or service. You must be able to deal with others not wanting
what you are offering. If rejection will cause extreme mental anxiety
or deter you from making the next sales call, working for yourself may
not be right for you.
- Risk to your lifestyle
- Starting a business involves long hours, constant distractions, choices
of how you focus your attention and sacrifices. These things will affect
you and those around you. Be sure to consider the impact of your actions
on your family and others.
What type of business
makes sense for you?
Hundreds of thousands of ventures are started each year in all lines of
business. Starting a business from scratch, buying an existing business
or entering into a franchise arrangement all present opportunities and
potential pitfalls.
Be sure to do your
homework. Consider the current and potential markets for whatever business
you are considering. Examine the strengths and weaknesses of competitors.
The Internet and trade associations can be great sources of valuable information.
You may be surprised what you can find readily available.
Find a line of business
that matches your skills, experience and interests. If you are considering
starting a personal service business, it can be nice to start off with
at least one existing customer. Whatever type of business it is, be sure
you like it. If you are successful, you may spend many years or several
decades in that business. There are few things worse than not liking your
job.
If you are considering
purchasing an existing business investigate it thoroughly. While it may
be attractive to step into a business that already has existing operations,
learn why the current owner wants to sell. Buying someone else's failing
business is significantly different than buying a successful business
from an owner that is retiring. Have a professional look at the financial
statements and any contracts you may be signing.
Are you starting
alone or should you have a partner?
This can be one of the most challenging issues you face. Running the business
yourself gives you the opportunity to make all the decisions, but you
must live with the results. A partner can bring skills, experience and
capital, however, you should be confident that you can work with that person
for an extended period of time.
If you choose to have
a partner, be sure to define the responsibilities and authorities of each
party. How will decisions be made regarding capital contributions, spending,
operations, hiring of personnel and all the hundreds of other issues that
will arise? The more you can structure the decision-making process, the
more you reduce the risk of having major operational problems as the business
faces difficulties or grows.
If you choose to have
a partner, you may also want to discuss how your relationship can be ended.
While everyone has good intentions at the beginning, things can and often
do change. Having a buy/sell agreement or a contractual agreement may
avoid difficulties and hard feelings later.
Where will you
get the financing you need?
Starting and growing a business takes money. Consider the funds you may
need for office space, equipment, inventory, marketing and working capital.
You will need funds for your normal living expenses as well and remember
that not all customers pay quickly. One of the most common causes of business
failures is inadequate capital. Create a spending plan that covers everything
you think you may need and then build in a contingency amount.
Arranging that needed
capital should be undertaken early in the start-up process. Once the business
is operational, you will probably want to focus on running it and not
having to constantly be looking for funds. Be sure to speak with your financial
institution about what they may be looking for before they would be willing
to lend to a new business. You may also want to explore a loan through
the Small Business Administration. The SBA programs offer a number of
types of loans, but can be time consuming and frustrating.
The final observation
on needed capital is to consider setting a limit on how much you are willing
to risk or lose before shutting the business down and accepting failure.
While this may be difficult to consider when starting out, having a contingency
plan for failure is prudent.
What are some of
the other legal, financial and tax issues to consider?
After addressing all the other aspects, these will probably seem easy.
You need to choose a business form (sole proprietorship, partnership,
corporation, sub-chapter S corporation, limited liability company). Here
is a chart that provides some details on various types of business structures.
Sole Proprietorship
| Ownership
rules |
One
owner. |
| Liability
of owners |
Unlimited
liability for obligations of the business. |
| Tax
treatment |
Entity
is not taxed, all income and losses passed through to owner. |
| Control
and management |
Sole
proprietor manages the business. |
| Capital
contributions |
Sole
proprietor makes capital contributions as needed. Easiest. |
| Ease
of establishing |
Easiest. |
C Corporation (Regular
corporation)
| Ownership
rules |
Unlimited
number of shareholders with no limit on the classes of stock. |
| Liability
of owners |
Generally,
no personal liability for obligations of the corporation. |
| Tax
treatment |
Corporation
is taxed at the corporation level. Shareholders are taxed on any dividends
received. |
| Control
and management |
Board
of Directors has overall management responsibility with officers having
day-to-day responsibility. |
| Capital
contributions |
Shareholders
usually buy stock in corporation. Corporation can issue common and
preferred stock. |
| Ease
of establishing |
Must
file Articles of Incorporation with the Secretary of State. |
S Corporation (Subchapter
S corporation)
| Ownership
rules |
Up
to 75 shareholders are allowed. Only one class of stock is allowed. |
| Liability
of owners |
Generally,
no personal liability for the obligations of the corporation. |
| Tax
treatment |
Entity
is not taxed; profits and losses are passed through to the shareholders. |
| Control
and management |
Board
of Directors has overall management responsibility with officers having
day-to-day responsibility. |
| Capital
contributions |
Shareholders
usually buy stock in the one class of stock issued by the corporation. |
| Ease
of establishing |
Must
file Articles of Incorporation with the Secretary of State. |
General partnership
| Ownership
rules |
Unlimited
number of general partners. |
| Liability
of owners |
All
general partners are fully liable for the obligations of the business. |
| Tax
treatment |
Entity
is not taxed, all income and losses passed through to the partners. |
| Control
and management |
General
partners have equal management rights unless they decide otherwise. |
| Capital
contributions |
General
partners contribute money or services to the business and receive
interests in income and losses. |
| Ease
of establishing |
No
filing; but a partnership agreement is needed. |
Limited partnership
| Ownership
rules |
Unlimited
number of general and limited partners are allowed. |
| Liability
of owners |
Unlimited
liability for general partners and no personal liability for the limited
partners. |
| Tax
treatment |
Entity
is not taxed, all income and losses passed through to general and
limited partners. |
| Control
and management |
General
partner manages the business subject to the Limited Partnership Agreement. |
| Capital
contributions |
Both
general and limited partners contribute money or services and receive
interests in profits and losses. |
| Ease
of establishing |
File
an application with the Secretary of State. |
Limited-liability
company (LLC)
| Ownership
rules |
Unlimited
number of "members" are allowed. |
| Liability
of owners |
Generally,
no personal liability for obligations of the entity. |
| Tax
treatment |
Entity
is not taxed, all income and losses passed through to the members. |
| Control
and management |
The
Operating Agreement describes how it is to be managed. A manager is
usually designated to manage the business. |
| Capital
contributions |
The
members typically contribute money or services to the LLC and receive
an interest in the profits and losses. |
| Ease
of establishing |
File
Articles of Organization with the Secretary of State. |
While this may sound
complicated, it is much easier to decide upon than the issues discussed
above. Each business form has attractions and drawbacks. Your attorney
can be very helpful in evaluating the options and drafting any documents
you need.
Your personal financial
and tax situations may also change when you become a business owner. You
may lose the predictability of a monthly paycheck and the other benefits
found with a larger company. You may have to pay for your medical insurance
and fund your retirement account.
Summary
The entrepreneurial spirit is alive and well in America. As you consider
your future, remember that being in business for yourself can be risky
as well as rewarding. Taking some key steps early in the process, hard
work, a good idea, using sound business practices and maybe a little luck
can make all the difference.
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