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Negotiating Business Deals/Questions
| Subject | Date Asked | Expert |
| Offering money to buy a business | 10/23/2011 | Gary Bell |
| Q: I have a few questions about buying a small business. My 1st question and main question is how can I ... A: Zoie, There is no known method of valuing a business without an analysis of the company's ... | ||
| Partnerships | 10/12/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I am thinking of buying into a sports bar and lounge business. It was started 4 months ago as a ... A: Ricky: It is odd that a bar would have a 30% increase in value in 4 months. Secondly, a pure ... | ||
| Buying into 1 year old business | 9/12/2011 | Gary Bell |
| Q: I am considering buying into a 1 year old family business. A father and son are current partners in ... A: I urge caution! The projection of "value" is VERY aggressive, especially considering only a 1 year ... | ||
| fair split | 9/2/2011 | Philip L. Marcus, J.D., Attorney at Law |
| Q: what a great service. About 15 years ago, I co-founded a theater troupe with a unique schtick. It ... A: My first response, before even seeing his offer, was you get 10%, but I cannot articulate why. ... | ||
| small business plan. | 8/11/2011 | Gary Bell |
| Q: We have started a steel fabricating company. It was started as a subsidiary of an existing erection ... A: I agree with the owner. While the return may appear "unrealistic", one must factor in the risk that ... | ||
| Investor question | 7/25/2011 | Philip L. Marcus, J.D., Attorney at Law |
| Q: I am in the process of starting up a small Bagel business that has the potential to be very ... A: As I said earlier, the one who co-signs will not be investing a dime out of pocket, so long as you ... | ||
| Investor question | 7/17/2011 | Philip L. Marcus, J.D., Attorney at Law |
| Q: I am in the process of starting up a small Bagel business that has the potential to be very ... A: First, this does not seem to be an investor but a guarantor. Unless you default the loan—which is ... | ||
| Compensation for International Contract Position | 6/7/2011 | Philip L. Marcus, J.D., Attorney at Law |
| Q: I am currently negotiating a contract position to provide training to a US company's employees that ... A: Jane, The important question is what is the fair market value of this package? What do others in ... | ||
| Law Corporate Question | 5/30/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I have a question. I own 20% of a USA company and have a daughter, if something should happen to me ... A: First, you did not specify whether the business is an LLC or Corporation. If it is an LLC, a ... | ||
| buying into established family resturant | 4/22/2011 | Philip L. Marcus, J.D., Attorney at Law |
| Q: how do you get the money to buy into a family franchise and open your own in another location? we ... A: This is a more complicated transaction than just raising money, although I will get to that. ... | ||
| Bringing in a business partner in an existing business. | 4/22/2011 | Mike Dodds |
| Q: My husband and I own a landscaping business that we have purchased from his father. Actually, we ... A: If business was easy everyone would be doing it, but family businesses bring another level of ... | ||
| startup partnership gone sour | 4/11/2011 | Philip L. Marcus, J.D., Attorney at Law |
| Q: My son and a friend have started a clothing business. His friend contributed early by bringing to ... A: I do not think this can be ended without repercussions, unless the third guy is much less assertive ... | ||
| llc buyout | 3/22/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I am 1/3 partner with no written operating agreement. I lost my wife and moved out of state. I ... A: Frank: You are experiencing the problem of not having an Operating Agreement. you are stuck as a ... | ||
| 2 Questions | 3/20/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: Before anything, Thank you for taking the time to answer my questions. I'm presently part of a ... A: 1. Of course you need a lawyer to draw up the confidentiality agreement. I know it costs you money, ... | ||
| Negotiating a stake in an LLC as an employee | 2/27/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: My company merged into an LLC. I am negotiating my employment agreement to include equity in the ... A: You can get membership interests in a Limited Liability Company. Since most LLCs are treated as ... | ||
| Buying In | 2/10/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: How do I establish a fair buy-in price into an existing company? Can that price be negotiated if I ... A: You should get the tax returns and financial statements from the business for the last 3 - 5 years. ... | ||
| Potential New Partnership | 2/1/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I have a friend that has opened a new auto shop and would like my company to partner with his to ... A: Tals: 1st,I find that most people entering into business believe their contribution is more than ... | ||
| Windmill generator lease | 1/29/2011 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: Cappuccio, I put up some raw land for sale 4 years ago with a contract I drew up that said after ... A: David: You can take 2 approaches. The 1st approach would be to offer the buyer to get his money ... | ||
| enterpreneur | 11/13/2010 | Philip L. Marcus, J.D., Attorney at Law |
| Q: What makes a good enterprenuer? A: You are asking for a predictor of success and I am sure there are PhD theses on this subject. ... | ||
| business plan proposal | 10/7/2010 | Gary Bell |
| Q: I am in the process of working out a deal between 3 people. It is establishing a restaurant using an ... A: Michael, As you are aware, there is more "art" than "science" in allocation of ownership. I will ... | ||
| costing in management consultancy | 9/9/2010 | Philip L. Marcus, J.D., Attorney at Law |
| Q: costing is very important in consulting. what are the strategies used when costing their services. A: The answer may be different in different places, but the question is very important to any ... | ||
| Partnerships/Equity Stakes | 9/5/2010 | Gary Bell |
| Q: I am currently the sole owner of a Financial Recruiting firm with zero employees. I am in the midst ... A: It is a percentage of ownership. Such a method requires valuation of the company at some point. In ... | ||
| Renewing billboard lease | 9/2/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: The present billboard company wants to renew their lease for three years at an annual rent of ... A: Why not ask for the tax return? Even if they have many different Billboards, you can see what they ... | ||
| successor liability | 9/1/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I am considering buying a small business registered as LLC in Virginia, as entity. A condition of ... A: Your summary sounds okay, but the representations and warranties section of the Agreement of Sale ... | ||
| Entity Purchase - Successor Liability | 9/1/2010 | Philip L. Marcus, J.D., Attorney at Law |
| Q: I am considering buying a small business registered as LLC in Virginia, as entity. A condition of ... A: First, I need to say I am not licensed in VA and not familiar with any specific sale-of-business ... | ||
| Startup funding | 8/30/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: A friend and co-worker has what I think is a good idea for an ASP and has a few customers lined up. ... A: Michael: First, is buying the servers enough of an investment. Won't there be ongoing expenses? ... | ||
| Business plan or marketing plan | 8/17/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: Cappuccio, I am in the process of negotiating a exclusive distribution for South America from an ... A: Alfonso: You are in a difficult spot. You want to give enough detail to show your ability, yet do ... | ||
| Downsizing - financial obligations | 7/29/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: "Thank you for taking my question. I am negotiating to buy a small business [LLC]. I have ... A: Here are my comments: 1) What are the financial obligations that the employer will assume while ... | ||
| Partner? | 7/10/2010 | Christopher Flett |
| Q: Should I take on a new partner? I have an upscale casual, 160 seat, (and 30+ seat patio, six months ... A: Difficult question to answer until you decide what the Chef is going to bring to the table. Aside ... | ||
| Chef Partner? | 7/10/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: Should I take on a new partner? I have an upscale casual, 160 seat, (and 30+ seat patio, six months ... A: First, it sounds like you have a tremendous amount invested in your location. The landlord knows ... | ||
| Partnership | 7/7/2010 | Christopher Flett |
| Q: I'm starting up a small business actually a retail store. I am looking to partner with a friend of ... A: You would want a lawyer to draft a shareholders agreement if you are forming a corporation or a ... | ||
| PartnerShip | 7/7/2010 | Gary Bell |
| Q: I'm starting up a small business actually a retail store. I am looking to partner with a friend of ... A: Sammie, Your offers on both counts are VERY generous. I suggest that you NOT raise either part of ... | ||
| PartnerShip | 7/7/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I'm starting up a small business actually a retail store. I am looking to partner with a friend of ... A: First, if you cannot agree now, how are you going to be able to agree when the going gets rough? ... | ||
| Partnership | 7/7/2010 | Christopher Flett |
| Q: I'm starting up a small business actually a retail store. I am looking to partner with a friend of ... A: I think you are giving up too much of your venture. If he isn't an entrepreneur, he shouldn't be a ... | ||
| Technology Transfer to China | 7/6/2010 | Mike Dodds |
| Q: I understand that you are very experienced in working with Chinese companies, particularly in ... A: The Chinese market is extremely competitive. That's the first thing anyone needs to know before ... | ||
| negotiations | 7/6/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I am starting a graphic t-shirt line. I've ordered a couple of t-shirts from a company that designs ... A: Lisa: Although you can trademark your company's logo, you can also get protection for your design. ... | ||
| negotiations | 7/5/2010 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| Q: I am starting a graphic t-shirt line. I've ordered a couple of t-shirts from a company that designs ... A: Lisa: There is so much competition in the T-shirt business, just search online. I am worried that ... | ||
| negotiating | 7/5/2010 | Christopher Flett |
| Q: I am starting a graphic t-shirt line. I've ordered a couple of t-shirts from a company that designs ... A: Figure out what you are going to sell them for, what you need to make them for and go with that ... | ||
| Chinese wholesalers | 7/5/2010 | Mike Dodds |
| Q: I am trying to start a graphic t-shirt company and I would like to purchase plain t-shirts wholesale ... A: Sorry for the delay. The most famous site for locating Chinese suppliers is Alibaba.com. They have ... | ||
| Please give me advice for a business agrement / deal. | 7/5/2010 | Christopher Flett |
| Q: I am associated with a small software company in India and we need the service of other ... A: It is up to your discretion. Consider what each side is putting into the equation and portion it our ... | ||
Negotiating Business Deals
Answers by Expert:
Ronald J. Cappuccio, J.D., LL.M.(Tax)
Top Expert on this page
Expertise
I have extensive experience in negotiating emerging business contracts and agreements, joint ventures, limited laibility company buy-sell agreements and buying and selling businesses. My approach is from a legal, tax and business prospective gearing my negotiations to practical solutions rather than merely drafting impractical documents
Experience
I have have been an attorney since 1976 emphasizing business and tax law issues. I am an adjunct law professor in negotiation and alternative dispute resolution.
Organizations
American Bar Associtiation
New Jersey State Bar Association
Camden County Bar Association
Publications
Please see:
http://www.taxesq.com
http://adrlawinfo.com
Education/Credentials
BSFS - Georgetown University
J.D. - Unviersity of Kansas School of Law
LL.M. (Tax) - Georgetown University Law Center
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