| Subject | Date Asked |
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| joint venture partners | 11/2/2009 |
Q: Ronald, I own a small electromechanical industry in Brazil that provide integrated turn Key ...
A: Agostino: Thank you for your question. First, you need a Brazilian lawyer to give you specific ...
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| LLC Partnership Buy Out Options | 9/6/2009 |
Q: Ron, I am currently in an LLC Partnership with my wife and he mother and father-in-law. The bus. ...
A: Chad: I assumed the monthly payment was not directly related to services. I was estimating 48 ...
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| LLC Partnership Buy Out Options | 9/5/2009 |
Q: Ron, I am currently in an LLC Partnership with my wife and he mother and father-in-law. The bus. ...
A: Chad: My first question is when you say "break-even" does that mean no distributions are made for ...
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| Investment Income | 6/3/2009 |
Q: I recently invested in a restaurant and am now receiving my return, which will include my original ...
A: Matthew: You did not state whether the business is a corporation or partnership for tax purposes. ...
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| Partnership in business purchase | 6/3/2009 |
Q: I hope you can give me some advise. I have been offered to purchase the small business i have been ...
A: Ben: The business deal sounds interesting and your should continue to explore it. Nevertheless, I ...
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| BUING INTO A BUSINESS - DIRECTORSHIP | 5/31/2009 |
Q: My daughter and the 3 other managers of the company she works for, have been offered the opportunity ...
A: Lisa, it is impossible to answer your question without details. First, being a "Director" is not an ...
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| Investing in an existing LLC. | 5/23/2009 |
Q: The owner of an existing small business LLC proposed that we become 50/50 partners to expand and ...
A: The LLP (Limited Liability Partnership) is probably the wrong way to go. Most likely, you will need ...
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| contract of terms and conditions | 4/23/2009 |
Q: My situation is that I have been an independent loan officer for about 7 years. I've been working ...
A: Robert: Why did you sign a contract without a lawyer? It looks like you have been outsmarted! You ...
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| legally binding contracts | 4/18/2009 |
Q: I was wondering about what it takes to make a contract legally binding. I've read that in many ...
A: Oral contracts can be binding. Also, contracts simply initialed can also be enforceable. You will ...
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| business purchase | 2/23/2009 |
Q: I have purchased a business and about 2 1/2 months in, it is very clear that the seller ...
A: Donna: It is not uncommon for sellers of small businesses to exaggerate the business income - ...
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| Invention and Investors | 2/16/2009 |
Q: Mr. Cappuccio, I have an invention patent pending. Some services I have used to develop the product ...
A: Kevin: There is no "typical" arrangement. Since you are planning to bring the product to market, ...
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| selling business | 2/6/2009 |
Q: I'm not sure if you specialize in this kind of question but here goes; I'm thinking of selling my ...
A: Of course you need a lawyer! A good tax and business lawyer will help you evaluate your business, ...
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| How to structure a "buy-in" | 1/22/2009 |
Q: invaluable service. We have an opportunity to buy into an existing retail and consulting business ...
A: There is no simple answer. It sounds like you are making an asset purchase. You should create a ...
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| Financial investor | 1/4/2009 |
Q: Mr. Cappuccio, First of all, thank you for your recent advice on how to structure our existing LLC ...
A: Bruce: An international investor can be good. My experience is that many Europeans are used to the ...
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| no buy out agreement | 12/16/2008 |
Q: I am a co-owner of a new personal service agency. We have only been in business for a year. It has ...
A: It is really hard to value a new closely held business. You did not state the exact nature of the ...
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| Charging to broker a transaction | 12/7/2008 |
Q: I am a commercial mortgage broker who has come upon an opportunity to arrange a loan for an early ...
A: I am concerned about your follow-up question. You really can be squeezed out in many ways. One ...
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| Charging to broker a transaction | 12/5/2008 |
Q: I am a commercial mortgage broker who has come upon an opportunity to arrange a loan for an early ...
A: Because your normal fee is only 1% of the deal, I do not recommend that you get involved with an ...
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| How to structure existing LLC taking on an investor | 12/5/2008 |
Q: We are an existing cellular company that has been operating for two years as an independent agent ...
A: Bruce: "Passive" investors can be real trouble! If the business is doing well, they want their ...
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| Buying into a business | 11/25/2008 |
Q: I have been offered the opportunity to buy into a small business. As of now the offer is a profit ...
A: Buying into a business is much different than buying a house. You need expert tax and legal help ...
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| Negotiate equity purchase of commercial building | 11/19/2008 |
Q: Cappuccio, I'm an expert on the health side and thought I would try being a client as well. I hope ...
A: Ed: First, i would like to thank you for being an expert! There are several issues which you need ...
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| Products to be placed in Europe | 11/14/2008 |
Q: I am looking to get a particular product that is not currently to be found in many countries ...
A: Brad: Do you have expertise in particular countries? If not, your real issue is getting local ...
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| Letter of Intent for a land development | 10/13/2008 |
Q: I was hoping you might have some advice, and maybe a sample letter of intent, for a land developer ...
A: Lyle, there is no such thing as standard form. The terms of a joint venture are actually forming a ...
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| question | 7/30/2008 |
Q: I need advice. I am reading "Rich Dad, Poor Dad" and it has peaked my interest in starting a ...
A: Doug I was on vacation and my answer is delayed. First of all, filing online is just the "cover ...
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| Buying into a business | 7/2/2008 |
Q: Scenario: I rent space as an independent contractor in a business. I'm considering a partnership in ...
A: Cyndi: This is a great question! Doing this very complex business transaction is a perfect example ...
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| Verbal Contract | 6/14/2008 |
Q: I have a verbal contract with a business owner that requires a 50% distribution of the profit from ...
A: Al: If you do not have the funds to hire an attorney, instead of small claims court, contact your ...
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| Verbal Contract | 5/27/2008 |
Q: I have a verbal contract with a business owner that requires a 50% distribution of the profit from ...
A: Al: First, you should sit down with the owner and explain your understanding of the deal. If he ...
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| Billboard ground rent | 4/12/2008 |
Q: I own a house that has 45 acres of ground behind it that is currently being built into a Towne ...
A: The price depends upon the market in your area. As landlord, you will get some of the rent and the ...
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| Goodwill | 3/12/2008 |
Q: I have a client that has purchased a business (Dentist business) and there was a substantial amount ...
A: Les: Internal Revenue Code Section 197 provides for a 15 year amortization for intangible assets in ...
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| store lease negotiator sought | 2/14/2008 |
Q: Whom do you recommend for helping negotiate/renegotiate lower store leases for a chain that has ...
A: You have two options. First, you can hire a business attorney with experience negotiating. For ...
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| "Buying into" a business | 2/12/2008 |
Q: I am asking this question for a member of my family. They are interested into "buying into" a small ...
A: Doug: Tell your family member to look elsewhere for a "safe" investment. Most small businesses ...
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| 90 day option | 1/10/2008 |
Q: That is a blessing to those of us starting out. I have a unique opportunity to develop a ...
A: Michelle: Options to purchase are quite common in real estate transactions. Usually, the option is ...
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| starting a business with a partner | 12/11/2007 |
Q: I am interested in starting a business with a partner. We will try to get an sba loan. I have ...
A: Tory: This is the traditional problem in a new business "what is the return to a capital investment ...
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| Effect of debt when selling the business | 11/29/2007 |
Q: I am in the process of selling a small business. The business is profitable, but it also has a small ...
A: Benson: Thank you for the question. The answer is simple - "honesty is the best policy." Any buyer ...
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| Name on the Lease | 11/29/2007 |
Q: I and my husband (common marriage) planning to open a clinic, my question is should both our name be ...
A: Holly: Professional Association usually means a corporation. Therefore, your PA will need to file a ...
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| Setting targets for a sales partner coming on board as a shareholder | 11/28/2007 |
Q: I am bringing in a partner and they are taking a risk leaving their current job and joining me in my ...
A: John: There is no "rule of thumb." Rather, your individual circumstance will determine the ...
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| buying into an existing "S" Corporation | 11/13/2007 |
Q: I am considering buying shares in an existing "S" Corporation owned and operated by a friend of ...
A: Jeff: First, Friends, Family and business frequently do not mix. Right now I am representing one ...
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| letter of intent | 10/25/2007 |
Q: As we put together a letter of intent to purchase another business for a client of ours, is Goodwill ...
A: Brian: Generally Goodwill and a Covenant Against Competition are treated the same for tax purpose ...
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| Letter of Intent | 10/16/2007 |
Q: I saw your response to a question about due diligence and LOI's. I am interested in any sample ...
A: John: I know you think there are "magic forms," but I individually draft my Letter of Intent ...
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| Business partnership | 10/3/2007 |
Q: I publish a small online magazine and project potential growth/success, but lack funding. I have ...
A: Charles: First you should research the media company. Have they made other acquisitions? Are the ...
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| Vendor Financing | 9/30/2007 |
Q: VENDOR FINANCING I need someone to negotiate (or coach me to negotiate) vendor financing to start ...
A: Gene: If one supplier can do it faster and cheaper, it may be initially better. Nevertheless, you ...
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| Vendor Financing | 9/28/2007 |
Q: VENDOR FINANCING I need someone to negotiate (or coach me to negotiate) vendor financing to start ...
A: Gene: It is very hard to negotiate for yourself and you are right to state you need help. When you ...
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| Strategic guidance | 9/12/2007 |
Q: I am managing director of a newly stablished representative company in office machines. I started ...
A: Majid: Frankly, there is no easy answer. It sounds to me like you have the wrong business ...
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| wine distributor | 8/30/2007 |
Q: I have a friend who sells imported wine at several stores and restaurants in the Midwest. She is ...
A: Mike: Each state has its own regulations on the distribution and sale of alcoholic beverages. Your ...
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| opening a new business | 8/30/2007 |
Q: C i willing be joining forces with my present employer to open a new location. what are the most ...
A: Althea: First, by "joining forces" I presume you are having some equity interest in the business? ...
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| Business Investor Advice | 8/1/2007 |
Q: My wife and I have a small retail purse store. We are in the need of more operating funds. I have a ...
A: Jeff: Thank you for the question. Like many small business owners, you are afraid to get legal help ...
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| general business deal question | 7/10/2007 |
Q: We're a small pet related company with a product we think would appeal to large business. Who ...
A: First, you need to be sure your product is protected. You should check with a patent attorney if the ...
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| What contract should I use | 6/28/2007 |
Q: I'm starting a vendors market. I will lease the parking lot of a local business (Berkeley, CA) as ...
A: First, you need a lease with the parking lot owner with an option to renew. You may be able to ...
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| Bringing in a partner into a existing business | 6/12/2007 |
Q: Curious; looking to bring in a partner into my business. A few points of concerns; 1. How much ...
A: Here is my answer: Curious; looking to bring in a partner into my business. A few points of ...
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| buying stock in an electrical compamy that is a corporation | 6/11/2007 |
Q: the owner says i can buy as little or 49percent of his stock and start a sub division of his ...
A: First, the arrangement seems a little odd. The current owner obviously wants control because of his ...
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| Selling a recipe | 6/4/2007 |
Q: I have been told over and over that I make exceptional fresh salsa...it is my specialty with get ...
A: Holly: I don't think you will have much success selling directly to supermarkets. Have you ...
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| taxes | 5/17/2007 |
Q: I am selling my small business. It is a s-corp. What can I expect to pay in taxes and is there any ...
A: Marc: First, it is good that you have an S corporation rather than a C corporation for tax ...
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| Selling a recipe | 5/2/2007 |
Q: I have developed a recipe for gluten-free cookies that is far superior to what is currently in the ...
A: Noreen: Your recipe sounds like a great idea? Unless it is able to be patented, you best protection ...
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| Getting bet deal | 1/13/2007 |
Q: This doesn't so much have to do with negotiation as it has to do with research. I have a bunch of ...
A: James: Research of the product is a good first step in negotiation! I do not know what your ...
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| partnership proposal | 11/26/2006 |
Q: Mr Ronald Ronald, I will like your input on negotiating. I own a successful small business and i ...
A: You certainly should find a way to fairly compensate someone who has been instrumental in growing ...
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| Negotiating lease | 11/8/2006 |
Q: How can we negotiating for new lease with an option to renew to replace an existing lease with no ...
A: First, investigate the market. What is your Best Available Alternative? If other rates are better, ...
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| negitiating lease termination | 11/3/2006 |
Q: Hai, I have a kiosk in a mall which is going thru reconstruction now. and because of that our ...
A: It sounds like you may have grounds for terminating your lease. Nevertheless, your rights are ...
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| Negotiating Business Deals | 10/26/2006 |
Q: Cappuccio, My name is Lauren Mayernik. I am a seventh grade student at Saint Teresa of Avila ...
A: Lauren: Thank you for your interest in business. I first became interested in becoming a business ...
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| Thanks in advance! (tough one) | 10/25/2006 |
Q: Cappuccio, I desperately need ideas to present to reluctant health food store general managers- ...
A: Daniel: You are right, this is very tough. Your idea of becoming an employee of each store will not ...
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| How do I go about to introduce income generating companies for his consideration? | 10/20/2006 |
Q: I know an entreprenuer in my country who buys controlling stake in companies that generate income. ...
A: First, ask him if you find a good prospective investment, would he be interested in you presenting ...
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| Business Acquisition and Partnership Negotiations | 10/14/2006 |
Q: Cappuccio, I have been attempting to start a hotel development and management company for over a ...
A: Michael: Thank you for the question. I reviewed your website. My first reaction was that it is ...
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| Taxes on Selling Business | 9/7/2006 |
Q: We have a small computer business, started from scratch, no inventory, includes vehicle & ...
A: Jackie: Congratulations on your successful business! As a sole proprietorship, you have the ...
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| Negotiating a lease termination option for my business. | 6/26/2006 |
Q: I own a gift shop in our local mall that makes a living for my wife and myself. The mall is in ...
A: Steve: I think you are in a strong position, NOW, but as more stores close, your position will ...
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| Forming LLC | 6/3/2006 |
Q: I have been employeed for 3 1/2 years and have brought great economic value to this company. I have ...
A: Jeff: Do the owners of the company also believe you "brought great economic value to this company?" ...
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| Purchasing a business | 5/24/2006 |
Q: I'm about to purchase a small technology company, 2 employees and gross yearly revenue of around ...
A: You definitely need legal help. Even though the business is very small, you have many legal and tax ...
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