You are here:
- Home
- Business
- Small Business
- Negotiating Business Deals
Negotiating Business Deals/Questions
| Subject | Date Asked | Expert |
| Mutual NDA | 4/25/2009 | Christopher Flett |
| Q: i am seeking to take on a product line and starting to contact certain manufacturer's of equipment ... A: Firstly, go see a lawyer. You need to have a lawyer draft an NDA that reflects what you are trying ... | ||
| Corporate 'loan-out' | 4/25/2009 | Christopher Flett |
| Q: I work as a producer/writer through my C corp. I have an opportunity to form an LLC with one other ... A: Best bet is to talk to your accountant. There will be state regulations on how the money gets ... | ||
| contract of terms and conditions | 4/23/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| legally binding contracts | 4/18/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Establishing partnership split | 4/5/2009 | Christopher Flett |
| Q: I'm trying to decide how to split a partnership for a start-up restaurant. Here are the facts: -- ... A: What I would do is offer your friend a 25% stake in the company. Don't devalue the time you have ... | ||
| Partnerships | 4/3/2009 | Christopher Flett |
| Q: Andrew, Bob, Charlie & David operate their building contractors as a partnership. The business also ... A: Too many times, businesses try to save money at the beginning (partnership agreement) and end up ... | ||
| Starting a Business Partnership | 3/20/2009 | Christopher Flett |
| Q: Recently a relative approached me to start a partnership company specializing in sales and marketing ... A: What part of the country are you located in? You should have your meeting with David first and then ... | ||
| Starting a Business Partnership | 3/19/2009 | Christopher Flett |
| Q: Recently a relative approached me to start a partnership company specializing in sales and marketing ... A: Without knowing the specifics of who will do what, it is difficult to nail down what a fair ... | ||
| Starting a Business Partnership | 3/18/2009 | Christopher Flett |
| Q: Recently a relative approached me to start a partnership company specializing in sales and marketing ... A: What role will your business partner play in the new company? Partnership can be a great or ... | ||
| Going into a partnership | 3/4/2009 | Gary Bell |
| Q: I'm about to start an online business, which provides an online service and income is generated ... A: James, It seems "partnering" is a great idea in this case. The overarching issues in such a ... | ||
| business purchase | 2/23/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 - ... | ||
| Web design business and services contract | 2/20/2009 | Christopher Flett |
| Q: I am a young web designer (18 and still in university) and I am starting a freelance business. I ... A: I read through it and it all seems okay, but keep in mind, I'm not a lawyer. You should have someone ... | ||
| Invention and Investors | 2/16/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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, ... | ||
| Ballpark valuation/ financial healthcheck of my SME | 2/14/2009 | Bob Rushton |
| Q: I am hoping you might be able to help me calculate a very quick ballpark valuation of my company so ... A: It depends on what you are doing, if you are Bank you have no hope ! If you are making cars the ... | ||
| selling business | 2/6/2009 | Mike Dodds |
| Q: I'm not sure if you specialize in this kind of question but here goes; I'm thinking of selling my ... A: Regarding a lawyer, you can never go wrong having a business lawyer advice you on setting up the ... | ||
| selling business | 2/6/2009 | Gary Bell |
| Q: I'm not sure if you specialize in this kind of question but here goes; I'm thinking of selling my ... A: Sorry about the delay. I've been on the road all week. Unless the money is "incidental" to you, ... | ||
| selling business | 2/6/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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, ... | ||
| selling business | 2/6/2009 | Bob Rushton |
| Q: I'm not sure if you specialize in this kind of question but here goes; I'm thinking of selling my ... A: Firstly you need a lawyer, toooo risky without. Second get a real estate ... | ||
| selling business | 2/6/2009 | Osama El-kadi |
| Q: I'm not sure if you specialize in this kind of question but here goes; I'm thinking of selling my ... A: apology for the delay in replying as I am abroad at the moment. You are right, I only deal with ... | ||
| selling my business | 2/6/2009 | Christopher Flett |
| Q: I'm not sure if you specialize in this kind of question but here goes; I'm thinking of selling my ... A: Get in touch with a business lawyer that can pilot you through this process. Selling a business is a ... | ||
| How to structure a "buy-in" | 1/22/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Business Negotiation | 1/19/2009 | Bob Rushton |
| Q: When looking to start a partnership or business negotiation, what needs to be considered and what is ... A: Firstly whatever you decide you must make a contract, either a partnership agreement or a directors ... | ||
| Distribution Agr. | 1/4/2009 | Christopher Flett |
| Q: I’m interested in distributing a product in the US as a reseller and my concern in this scenario is ... A: Make sure you get an agreement with them (I'd suggest having a representative agreement drafted by ... | ||
| Financial investor | 1/4/2009 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| no buy out agreement | 12/16/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Charging to broker a transaction | 12/7/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Profit participation | 12/7/2008 | Christopher Flett |
| Q: Mr. Flett, I invited an associate as joint venture/independent contractor to create a product launch ... A: In that case you should. If you are still in a discussion phase of the deal, then bring this up to ... | ||
| Profit participation | 12/7/2008 | Christopher Flett |
| Q: Mr. Flett, I invited an associate as joint venture/independent contractor to create a product launch ... A: If this was a piece you were bringing to the table when discussing the Joint Venture, than you ... | ||
| Charging to broker a transaction | 12/5/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| How to structure existing LLC taking on an investor | 12/5/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Buying into a business | 11/25/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Investing in a soon to open restaurant | 11/21/2008 | Osama El-kadi |
| Q: I am considering investing some money into a restaurant which is about to open, with most of the ... A: Apology for the delay, I actually answered your question as soon as I received it but it seems that ... | ||
| Negotiate equity purchase of commercial building | 11/19/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Products to be placed in Europe | 11/14/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| Small Business Investment | 10/20/2008 | Osama El-kadi |
| Q: I have an investor that will pay upfront for all costs on an investment ( adv. cost of equip, labor, ... A: Sounds like a 50/50 arrangement to me. However, before you offer him the 50% you must consider few ... | ||
| Letter of Intent for a land development | 10/13/2008 | Ronald J. Cappuccio, J.D., LL.M.(Tax) |
| 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 ... | ||
| getting paid placing product in store | 10/4/2008 | Christopher Flett |
| Q: We were asked to place our product in a store but they want to do it as a NET TERM with a 30 day ... A: I'm not sure what they are referring to with Net Term. What they could be referring to is that you ... | ||
| how to value my new business | 9/28/2008 | Christopher Flett |
| Q: I have a new publication/directory. I mail it to residents per zipcode, once per year. If each ... A: Again, lots of factors at play here, but the very rough guide is 3.2 - 5x the net earnings for your ... | ||
| how to value my new business | 9/26/2008 | Christopher Flett |
| Q: I have a new publication/directory. I mail it to residents per zipcode, once per year. If each ... A: When preparing to license (or francise) a company's intellectual property, it is important to ... | ||
| non compete agreement | 9/25/2008 | Bob Rushton |
| Q: I sold a bakery/ cafe about two years ago and signed a covenant not to compete(in California) Now ... A: Again it depends on the judge on the day, Id ask the lawyer and then just do it. There is an issue ... | ||
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
©2012 About.com, a part of The New York Times Company. All rights reserved.