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BENEFICIAL OWNERSHIP INFORMATION REPORTING CORPORATE TRANSPARENCY ACT SUMMARY One of the unique and often attractive features of a Limited Liability Company can be anonymity. In most states, formation and registration of an LLC does not require disclosure of the owners or officers. For various reasons, legitimate and not so legitimate, the owners of a business…
Attention New York employers: On November 17, 2023, Governor Hochul signed S4516 into law, amending Section 5-336 of the General Obligations Law (“GOL”), commonly known as New York’s #MeToo statute. The amendment significantly changes the terms permissible in settlement agreements for claims relating to discrimination, harassment, or retaliation. As of the effective date, November 17,…
“You don’t belong here: you are a fraud! Why would smart people ever want to listen to you?” whispered the manager to the salesperson. Galvanized by this wake-up call that he desperately needed, the employee rose to the occasion and exceeded all expectations. Does this sound realistic? Of course not! Who would feel upbeat by such…
A Guide to the New 2023 SBA SOP Written by Live Oak Bank The U.S. Small Business Administration (SBA) has implemented two Procedural Notices and new Standard Operating Procedures (SOP), which contain significant changes to the 7(a) and 504 lending programs. The 7(a) is the flagship program when financing change of ownership opportunities. We’re breaking…
Lifestyle and Legacy are two very different types of owner transition objectives. When we ask a client “What do you expect as a result of our exit planning?” the answer may be about the money, the time frame, or the impact on people. No matter how it is phrased, the response will break down into…
Mergers and acquisitions are successful because the subsequent integration provides value. The Board of Directors of the acquiring firm plays an important role in ensuring that the Executive Team has a good integration plan and implements it effectively. In addition, board members can be a great resource for those executives as they may have experienced…
The Occupational Safety Health Administration (“OSHA”) and the National Labor Relations Board (“NLRB”) recently joined forces through a new Memorandum of Understanding (“MOU”). Their goal, to further enhance collaboration between the two agencies during investigations and enforcement actions against employers. The move is expected to further blur the lines between the two agencies and the…
How to leverage the potential of influencer marketing without falling prey to its pitfalls. After being bombarded this past week with a look back at 2023, I was inspired to write about influencer marketing and tips for reaching your target audience in the new year. Be prepared; this is as much a marketing blog as…
If the value of your company would suffer in your absence, the biggest threat to its marketability might be you. “Buyers generally aren’t interested in paying top dollar if the business is overly reliant on the owner for its success.” That excerpt from a long-ago IBG Business article (“How Can I Increase the Value of…
Since 2013 I’ve updated this piece about the underappreciated and forgotten boss of A Christmas Carol, Mr. Fezziwig. I hope that you enjoy it. Merry Christmas! Last week was the 180th anniversary of the publication of Charles Dickens’s A Christmas Carol (December 17, 1843). The immortal words of Ebenezer Scrooge are ingrained in the memory of the entire…
Ever heard of the 5x fallacy? Hint: It has to do with business valuation. Using a multiple of X. Try this among your peers, other business owners, and ask your CPA. 1.Ask: What is a good multiple I should use to estimate the value of my business? You will get all sorts of answers, 5 times…
Starting July 31, 2023, all employers with employees working in New Jersey are required to immediately and simultaneously report to the New Jersey Department of Labor (the “NJ DOL”) certain information relating to terminated employees. Employers are to submit this information electronically at the same time they provide the terminated employee with his/her benefit instructions…
Owner obstacles to the implementation of an exit plan are often unconscious, but they can be dramatic. Their attachment to the business can be difficult to break. An advisor spends a lot of time and energy developing the vision for life after ownership in the hopes that it is far more attractive to them than…
FocusCFO Area Presidents Michael Stier and Darren Cherry join Scott Snider of the Exit Planning Institute for this special episode of the Exit Is Now podcast. You already know that a Chief Financial Officer (CFO) is a key part of the senior management team, responsible for overseeing and managing the financial aspects of the business. What you may not know, is that…
Some astonishing advances in information technology have made big headlines in recent months. You probably don’t need me to recap those headlines… but I want to ask you to pause to consider a single, sobering question those headlines have given rise to among sales professionals. Some of us ask this question out loud. Some of…
In the dynamic landscape of employee performance evaluations, 360-degree reviews have emerged as a holistic approach, offering a well-rounded perspective. However, to extract the full benefits of this method, managers must adopt a strategic outlook. This blog post explores key elements to enhance the effectiveness of 360 reviews, delving into the nuances of communication, goal…
Governor Ned Lamont recently announced that, commencing on January 1, 2024, Connecticut’s minimum wage of $15.00 will increase to $15.69 an hour. This marks the state’s inaugural economic indicator-driven minimum wage increase. This adjustment is mandated by state law, Public Act 19-4. Public Act 19-4 introduced a series of five incremental minimum wage hikes spanning…
One of the most common concerns I hear about retirement is the fear of being bored. Given the weeks, months, and years ahead that need to be filled with something other than your job, it’s understandable. To make matters worse, many of us know a relative or friend who was aimless and miserable in retirement….
Defining the role of a coach on your exit planning team doesn’t just happen. Like any other aspect of working with consultants, you need to set expectations upfront. Many advisors like to characterize themselves as the “quarterback” of a transition planning team. I’ve always objected to that. We regard the business owner as the quarterback…
As a fractional CMO, when we are first engaged with a new client, one of the first questions I ask is about data – what do you capture, and what do you use to capture it? Most companies are doing a poor job and only looking at the high-level financials – incoming revenue and outgoing expenses….
Link to register. Please indicate that Mark Gross invited you. https://zoom.us/webinar/register/WN_M3HItgtJRS2sCTy_bUWBvw Tuesday, December 5, 2023. 10-11:30 AM Central. Multiple attendees from one firm can attend but in order to receive CPE credits, each one needs to register separately and join on their own separate devices. Take a deep dive into the following topics. PADs. Partial…
In Rev. Proc. 2023-29, recently issued by the Internal Revenue Service, the affordability percentage for Affordable Care Act plans has been set at 8.39% beginning in 2024. This marks a significant decrease from the previous 9.12% applicable for 2023. This is the lowest percentage since the inception of the employer mandate which means these…
I get this question a lot in M&A. The purchase price of a business can have a number elements: 1. down payment (cash equity from the buyer) 2. bank financing 3. seller’s note 4. installment sale 5. earn-out 6. commissions on future sales 7. consulting agreement for the seller, post-acquisition Earn-out’s, commissions and consulting agreements…
We have been asked to explain our product and services on multiple occasions. For those interested, you may find this episode to be a good listen, as it fully explores our services and how our involvement can significantly benefit your client. While this particular episode deals with land sales, the concept is universal to the…
Delegation and depth are critical when presenting your business as a buying opportunity. For many business owners, exit planning means getting the company ready for sale to a third party. There are a number of approaches to enhancing preparedness for a third-party sale. Assessing Readiness Some planning software products begin with a comprehensive survey of…