Archive for

4 Good Reasons Every Florida Corporation Needs a Business Lawyer

Every corporation, despite its nature, size or location, can benefit from having an effective lawyer that specializes in business affairs on retainer. An experienced business lawyer can provide legal assistance at every stage of your business, from the conception and organization phase, to advising you of potential issues of liability, and defending you from frivolous claims and lawsuits that could threaten your corporation’s success.

If you do not have a business lawyer on retainer, you are not alone. Most business owners do not consider hiring a lawyer until they are faced with a specific legal problem or after they’ve been sued by another party.

An experienced and knowledgeable business lawyer can play an integral role in your corporation’s success. Here are four good reasons every corporation needs to hire a business lawyer:

1. To assist with the start-up and organization of the corporation…

One of the best times to enlist the services of a lawyer is at or before the start-up of your business. A lawyer can help you evaluate the viability of your business idea before you invest any capital. He/she can also help you choose the best structure for your company, whether a limited liability company or corporation, and help you identify any potential liability or other legal issues you may face.

2. To keep your corporation in compliance with applicable local and federal laws…

There are laws that govern practically any and every action your corporation wishes to carry out. However, because most entrepreneurs that decide to start a corporation does so with little or no legal expertise, many corporations fail to comply with laws that are applicable to them and as a result, they face fines, lawsuits and other legal actions. A business lawyer can make sure you’re aware of the laws and regulations that are relevant to your corporation, and prevent you from taking action that will jeopardize your corporation’s success.

3. To properly advise and structure partnership agreements…

As with most business partnerships, there will be times when all parties will not agree on the operations of the business, management decisions, employees, or salaries. If you are considering starting a business with another person or entity, or entering into some type of partnership, protecting your interests should be one of your top priorities. With the help of a business lawyer, you can have a partnership agreement drafted that will layout and define each partner’s expectations. By clearly defining the roles, responsibilities and expectations of each partner, you can limit the presence of disagreements and potential conflicts.

4. To prepare ironclad business contracts…

An essential component of any business relationship is a written, legally-binding contract. In Florida, there are three essential components that must be present in a valid Florida contract. If your contract lacks any one of the three components, it may not be considered valid and enforceable. Thus, the terms of the agreement that were in place to protect you and your company, can be considered null and void, denying you the very protection you sought during preparation of the contract. A business contracts lawyer can protect you from this potential pitfall by preparing an ironclad business contract that outlines the terms of the contract and possesses each of the three elements required in the state of Florida.

As with any business endeavor, it is imperative that you put forth every effort to protect your business and non-business related interests. Waiting to hire a business lawyer can be dangerous for you and your corporation. In the event a problem arises, you can better benefit from the assistance of a lawyer that you have an existing relationship with; a lawyer that thoroughly understands the ins and outs of your corporation.

Why risk your Florida corporation’s success by foregoing a business lawyer? By hiring a Florida business lawyer, you are one step closer to building the successful empire you’ve dreamt of. While you focus on what you do best, your business lawyer can focus on helping you protect, defend and build your corporation.

Home Businesses – Legitimate Or Otherwise

One of the most frequent questions on the business forums these days is “Are any of these Work From Home jobs or Business Opportunities for real, and if so, how can you tell them from the scams?”

The short answer is yes, some of these jobs or business opportunities are for real and are legitimate. Unfortunately, many (if not most) are scams, or at best an opportunity in which very few people will be able to succeed.

How can you tell the difference? Are there some signals that may indicate one from the other? Are there ways to research the potential opportunity? To get the answers to these questions it’s important to differentiate between Work From Home Job, and Work from Home Business Opportunity. Examined closely, most will fall into the “Business Opportunity” category.

A “Job” infers some sort of employee/employer relationship, usually similar to a part time worker. Pay is by the hour or by the amount of work produced. A “Business Opportunity” is just that – a business. Remuneration is in the form of your profit (or loss) or commission, usually from sales of a product or service. A “Business Opportunity” does have some advantage in that you can deduct business expenses from your profits.

Before we go any further let’s examine facts, as they can be determined, about success in these type ventures. Real numbers are hard to come by as many people who start get discouraged, quit and never report any income, but two facts seem to jump out:

  • The average income from a Work At Home Job seems to be between $200. to $300. per month.
  • Over 90% of all persons who enter into a Work from Home Business Opportunity fail, and do not make any profit from their business.

Why? It takes very special type of person to operate their own small business, and working from home is very difficult. Without the structure of the traditional workplace, distractions and interruptions often make it impossible to focus or adhere to any system, and character traits are magnified. What are some of the characteristics of a person who can run their own business or work from home?

  • You must be extremely self disciplined.
  • You must be a master planner/organizer.
  • You must be a self-starter
  • You should be a self confident positive thinker.
  • You must be highly motivated to succeed.

Assuming you meet these qualifications and are confident you can beat the averages noted above, I suggest you do some reading before going further:

1. A series of very good articles can be found at Business.gov (“The Official Business Link to the U.S. Government”). Look under “Resources for Home Based Business” for a lot of excellent information. Also check “Starting an Online Business” for more information.

2. The Federal Trade Commission (ftc.gov), under “Facts for Consumers” has an excellent article entitled “Work-At-Home Schemes” that is a must read. The Federal Trade Commission is also the agency where you should report a business scam if you encounter one.

This knowledge will put you in a much better position to evaluate any Work At Home Job or Business Opportunity. You should also consider making sure you have the answers to the following questions for any position or opportunity you are considering:

  • Exactly what will you have to do? What tasks will you perform?
  • Will you be paid a salary (hourly or piecework), or will your pay be based on commission?
  • When will you get your first paycheck?
  • Who will pay you?
  • Is there an up front cost to you like a registration fee? (Very bad warning sign!)
  • Do you have to purchase equipment, goods, or product to re-sell?
  • Do you have to recruit others to work under you (a “down line”)?
  • If this is Multi-Level-Marketing with “up and down lines”, is there a promise that you will make most of your income from others as you build your down line – as opposed to making most of your income directly from product sales or commissions? (Many such operations are nothing more than Pyramid Schemes with only people at the very top making any money)

And here is a key question to ask yourself – would I like doing this work, could I get excited and turned-on by doing it? The worst mistake you could make in trying a Work From Home Job or Business Opportunity would be to start doing something that you did not enjoy. The lack of structure and distractions involved in working from home make it almost certain you will fail unless you truly enjoy the work. Let me repeat – the work at home opportunity may be perfectly legitimate and on the up and up, but if you don’t enjoy doing the work you are almost certain to fail.

Some of the best places to find work at home jobs? Start with your local newspaper and see of there are any local employers offering this type employment. Ask friends if the place they work has any such arrangements. If it’s a local employer you can be pretty sure it’s on the up and up. Another source is job posting boards on the internet. Some are good, some – well with the information you’ve gained you have an advantage.

There are certain groups or types of work at home jobs which seem to generate the most complaints, and which you should be especially cautious about:

  • Data Entry Jobs – Usually just a sales pitch.
  • Assembly Jobs – You may have to buy assembly kits, and then sell them.
  • Stuffing Envelopes – A company of any size will have this automated. They don’t need you.
  • Processing Claims – Usually requires you to pay for training and job never materializes.
  • Posting Ads – You may get paid only if people sign up.

As for Work At Home Business Opportunities, the best advice I can give is that you should never waste your time (or money) on someone who promises you can make a large amount of money, working only a few hours a week, by following their “Secret System”. The only one who is going to make a lot of money is the person selling you the “Secret System”. Doing business on the internet is hard work, the learning curve is steep, and success comes – if it comes – only after a long period of learning and trial and error. As pointed out at the beginning of this article, over 90% of all people who try to make money on the internet fail and, in fact, lose money (sometimes a great deal of money) rather than making money for their efforts

Any opportunity you are seriously considering should be checked out with the Better Business Bureau, your state’s Attorney General (you can’t believe how many of these companies are being investigated for fraud) and if local, the Chamber of Commerce. If you encounter what you consider to be a scam or fraud, report it to the Federal Trade Commission

In summary, yes there are many legitimate Work From Home Jobs and Business Opportunities, but there are just as many more that are scams or frauds. Do Your homework and remember two old sayings – “Buyer Beware”, and “If it sounds too good to be true, it probably is”.