Archive for March, 2010

How To Use Available Legal Forms

Monday, March 29th, 2010

The use of legal forms is necessary in most business environments and varies according to the purpose for which they are intended. Using prepared legal forms is beneficial to both small as well as large companies. There are numerous, simple legal forms that deal with everything from minor issues such as issuing a bill of sale or health care directive or there may be more complex legal forms for more complex issues such as those related to stock issuances and bankruptcies.

It is not always necessary to file the legal form in court in order for it to be legally binding. A number of personal forms such as wills and trusts can be completed at home and do not require much more than a notary public notarizing them to make them legally recognized documents. Traditional legal services certainly cost a lot of money. A lawyer may charge as much as several hundred dollars an hour to fill out a few simple forms that one could have easily purchased and completed on their own at a mere fraction of the cost of hiring a lawyer to do the same work for you.

It is not wise to undertake legal activity lightly and one should exercise care and use legal guides to assist with the preparation of all legal forms. For more complex transactions having a lawyer review your self-prepared document is a great way to get professional approval of the legal form while also saving money and time.

Legal forms run the entire gamut of legalese that includes every imaginable kind of legal issue such as bankruptcy, contractual agreements, incorporation of companies, credit forms, divorce forms, employment forms, bill of sale, buy sell agreements and a lot more. Sometimes, the forms need to be prepared, reviewed, and filed, which usually entails additional costs.

Legal form boilerplates, business forms, templates, plans and processes are readily available in the market and finding them should not pose any problem. For a few dollars one may obtain completely researched and well formed legal forms boilerplates, business forms, templates, plans and processes. There is no need for researching and creating one from scratch as buying these documents provides an avenue for obtaining comprehensively created solutions that have been drafted by professionals and are suited for all manners of use in all states and countries.

Spend a few dollars and one could reap great benefits in terms of time, money, and risk.

Wade Anderson is a CPA and operates DigitalWorkTools.com

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A Primer on Selling Your Business–12 Tips for Maximizing Value

Monday, March 29th, 2010

When selling a business, the seller will naturally try to increase the company’s value and reduce its post closing risks or losses. These need to be accomplished, of course, without causing any disruption to current operations. Before putting the business up for sale, the seller must first identify areas of concern. This way the seller will be well-prepared to deal with term sheets and letters of intent, negotiating the terms of the sale, and addressing the issues that may arise during the sales transaction. If a seller fails to address pre-sale planning considerations, it is very likely that the outcome will be unsuccessful.

In order to increase a company’s value and achieve a successful sale, sellers should be mindful of these considerations:

1. Organize Corporate Records: sellers must anticipate that the buyer will be interested in the company’s corporate records. Due diligence disclosures that are anticipated must be updated and reviewed. These records should include key corporate, financial, accounting and operational records as well as all legal documents.

2. Show Company Growth: sellers must be able to confirm the historical as well as projected company growth, both for the short-term and long-term. This can be done by preparing a financial model that covers acquisition opportunities displayed on a time-line basis.

3. Explain Company Performance: sellers must be prepared to defend the financial performance of the company, explaining in detail any fluctuations in profit, operational expenses, selling costs and other overhead expenses including salaries and material.

4. Describe Return on Investment: sellers must help the buyer confirm its company valuation by showing detailed reports on return on investments for every item classified as capital expenditure, together with an anticipated time frame.

5. Highlight the Management Team: if the buyer is considering making an investment in the existing management team, sellers must make sure that they will highlight the manager’s experience and contribution to the company. Also, providing the buyer with a detailed assessment of the low-level managers who can be considered assets should also be performed.

6. Operate the Company: although the sales process will consume much of the senior managers’ time and efforts, operations must never be disrupted. The senior management should not forget to continue to meet their business goals and targets during this period.

7. Enter Into a Confidentiality/Non-Disclosure Agreement: sellers must not forget to enter into a non-disclosure and confidentiality agreement with all potential buyers in order to protect the proprietary company information which may be shared during the course of sales negotiations.

8. Negotiate the Terms of a Letter of Intent: sellers should negotiate the terms of the sales and make sure that they are properly reflected in the Letter of Intent. This should include ancillary provisions, material economic terms, payment arrangements, limitations or restrictions on the indemnification obligations, extent and nature of warranties and representations and the period for the buyer’s right to perform. By preparing a detailed Letter of Intent, sellers and buyers can be assured that they both agree on important business points, respective obligations and legal terms before finalizing the sales documents. This will help them avoid delays and additional sales transaction costs.

9. Employee Incentives: the awareness of an impending sale might result in making the employees anxious. In order to avoid any negative effects on day-to-day operations and potential harm to the planned sales transaction, it is important that sellers give their employees incentives. These incentives can be in the form of bonuses, benefits, and perhaps even equity participation.

10. Select an Investment Banker: the services provided by an experienced investment banker might come in handy for sellers. These services include identifying financial and strategic buyers, gathering realistic information pertaining to the valuation of the company and obtaining data on market intelligence. Sellers should consider factors such as experience, reputation and professionalism when looking for an investment banker.

11. Obtain Accounting, Financial and Tax Advisors: sellers should have accounting and tax advisors that will review and analyze all considerations during the sales transactions in order to foresee possible problems and eliminate them as early as possible.

12. Obtain Sarbanes-Oxley Act Counsel: sellers must seek counsel who are expert in the Sarbanes-Oxley Act. Also known as the Public Company Accounting Reform and Investor Protection Act of 2002, this legislation covers requirements that may be important to the acquisition of the company. If the seller targets compliancy to this Act, company valuation will improve.

Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.

The Importance Of Making A Will

Monday, March 29th, 2010

Will making isn’t something that people think about on a regular basis. Whether this is because they don’t realise what they’re worth, think they have plenty of time to do it or just don’t think about it, it is important to consider having one written just in case.

The main reason why will making is so important is because without one, your family could be left with nothing. A will specifies who you want your money, property, possessions and even children to go to should something happen. Once you have done this you can be assured that the things you care about the most will be going into good hands.

A lot of people use will making as a method of stating specific instructions for their burial and if they wish to donate organs to medical research. If you wish to donate your organs but this hasn’t been specified anywhere then it will not be possible to do so as no instructions will have been given.

If will making is something you have never thought of before then now is the time to start considering it. Without a will all of your assets will be divided by the State which means that someone else will decide who receives everything that you left. It isn’t nice to think that the people you love the most could be left with nothing and someone else gets everything you worked so hard for.

Will making is important because a lot of people automatically assume that the person they are married to will get everything. This isn’t necessarily always the case as children, parents, brothers and sisters may all have a claim even if you haven’t seen them for years.

Even if you don’t own much it is still beneficial to think about will making. Certain things like jewellery may have sentimental value and it would therefore be heartbreaking if it had to get taken away. People are often worth more than they realise anyway because the cost of a house, car and furniture all add up. Will making can be especially important if you haven’t got much because it would mean that the little amount there is will become even less once it has been divided amongst everybody.

Although will making isn’t something that people like to think about and they tend to leave until later on in life, regardless of how old you are or what you own it should definitely be done sooner rather than later.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

Why Make A Will?

Sunday, March 28th, 2010

People tend to think of will making for the sick or the elderly and don’t think about it until much later on in life. However, there is no harm in making it sooner rather than later and once it’s done you don’t have to worry what is going to happen to all your possessions should something happen.

It is a common misconception that once will making has been complete that’s it which is why so many people leave it until so late. However, this couldn’t be further from the truth as you are able to change it however much and however often as you want.

There are plenty of good reasons for will making with the most important one probably being that this way you have complete control over who gets your things. Without a will the law takes over which means that your friends, family or anyone else who you wanted to benefit may not get anything at all.

Will making is especially important if you have a partner but are not married. This is because unmarried partners cannot inherit anything from each other unless there’s a will. As a result of this your partner may be left with nothing which could be especially devastating if you have children.

Another extremely reason why will making is a necessity is in order to protect your children. In your will you can choose who you wish your children’s guardian to be should something happen. If nobody is specified then it will be left to other relatives to decide who gets your children which means that someone you wouldn’t have normally chosen may get your children.

Will making can also ensure that your will is tax efficient which is very important if you are leaving a lot which protects your friends and family. Perhaps the most important part of will making is the fact that with one you can be assured that your wishes are going to be carried out. Passing away isn’t something that people like to think about but as you get older it is reassuring to know that the ones you love are going to be looked after. There are plenty of will making companies out there who even offer after care services which means that the process couldn’t be easier or more straight forward. With step – by – step instructions and round the clock service there is no reason why you shouldn’t make out your will today.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

After Care Services For Wills

Saturday, March 27th, 2010

Whether will making is something that you are familiar with or not, everyone should know that it is extremely important to keep it somewhere safe after it has been drawn up. If it cannot be found when you die, the law states that it does not exist. This means that your loved ones may not get the possessions you wanted them to have.

Once will making has been complete there are a number of options available as to where you can store it. Some will making companies offer a will making service which can be one of the best options available as you can guarantee its security.

These after care services begin as soon as will making is complete to assure you that your will is in safe hands. Typically, there will be a series of follow – ups after your will making documents have been sent to you, once you are sure that you are happy with the content you sign them and then return them.

A will making after care service also makes it very easy for you if circumstances change so you need to change your will. This can be done in correspondence or even by email which greatly reduces costs and can even be free of charge sometimes. The after care service will even help you to decide whether you need to make changes or not by publishing a newsletter. It is important to read this because it contains vital information on various things that may affect your estate.

You will even receive a copy of your will to keep at home to give you piece of mind. On top of this you will receive certificates of deposit for your will making document so there will always be evidence that you made one. You can leave these with whoever you feel the most appropriate as they ensure that everyone knows exactly where will making documents are being kept and what action needs to be taken when the documents are needed.

There are many benefits to using this service including the fact that when you die the company in question can give your Executors free advice. This means any questions or queries they have can be answered quickly, easily and honestly. As well as this, they can help with the general administration of your estate which can save hundreds of pounds.

After care services for will making are ideal because there is always someone there to answer any questions for you. It can be a confusing and stressful time so having some extra support there for you can be such a relief.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

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