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operating agreement Tagged Articles
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Considering a Business Partnership...Consider This First
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| Business partnerships can be difficult. This article describes the process for creating a successful business partnership before you "tie the knot" by managing your expectations and building in safeguards so that disagreements don't stymie the business. |
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Other operating agreement Related Articles
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Sales Agreement
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| The sales agreement is the key document in buying the business assets or stock of a corporation. It is important to make sure the agreement is accurate and contains all the terms of the purchase. It would be a good idea to have an attorney review this document. It is in this agreement that you should define everything that you intent to purchase of the business, assets, customer lists, intellectual property, and goodwill. |
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Sales Agreement
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| The sales agreement is the key document in buying the business assets or stock of a corporation. It is important to make sure the agreement is accurate and contains all the terms of the purchase. It would be a good idea to have an attorney review this document. It is in this agreement that you should define everything that you intent to purchase of the business, assets, customer lists, intellectual property, and goodwill. |
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Sample Non Disclosure Agreement
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| An intermediary should always sign a confidentiality or non-disclosure agreement (NDA). It is a 1 to 5 page document that acknowledges you have sensitive information that if released could harm your business and it should not be shared. Venture capitalists, however, will not normally sign a confidentiality agreement. They see so many companies in the same industry that they cannot sign one agreement and risk not being able to invest in other potential good deals. |
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Checklist of Provisions for an LLC Operating Agreement
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| This outline presents 20 areas of LLC ownership, operation and management that should be addressed in the operating agreement. |
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Franchise Agreements The Basics
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| What you need to look for when you want to start a franchise and are ready to sign the franchise agreement.
So you’ve taken all the appropriate steps; you’ve researched, asked questions, found out about the competition, scouted locations and lined everything up. Now it’s time to sit down and sign the franchise agreement. But before you do, there are several things you need to know. The franchise agreement will be the bedrock of your business, and success (or failure) may lie somewhere inside all those conditions and terms. A smart franchisee will read the franchise agreement very carefully, making sure they understand everything within it. Here are some of the most commonly misunderstood or potential problematic areas you need to be aware of: |
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Communication Categories - Which one are you
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| There is more to communication skills than just listening. Have you been in a meeting and there is an agreement on an issue but the person in agreement is saying yes yet has their hands folded and is nodding slightly? Or maybe you have not seen this because you are not aware of non verbal communication. |
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Mainland China and Hong Kong Closer Economic Partnership Arrangement (CEPA)
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| The article provides a summary of the China and Hong Kong Closer Economic Partnership Agreement (CEPA). Included are examples of real benefits to companies operating in Hong Kong and China. |
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If Operating Rooms Were Run Like a Small Business...
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| What do operating rooms and small businesses have in common? Not much from my current perspective having spent the last few days and nights at a major NYC hospital. However, operating rooms, more specifically the surgeons in the operating rooms, can learn plenty from small business best practices. |
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Is Your Franchise a 20-Year
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| The typical franchise agreement is usually for an initial term of 5 to 10 years with a right to renew for an additional term. This means that at some point in time the franchise relationship may end if the franchisee does not exercise a right to renew or where the franchisee has no additional right to renew and the franchisor refuses to renew. In representing prospective franchisees, I have had numerous occasions to ask the franchisor: “What happens after 20 years when the renewal term ends?” Surprised at the question, the candid response by the franchisor was “I don’t know, we haven’t been operating that long.”
My reply was that according to the literal terms of the franchise agreement, there is no legal obligation for the franchisor to renew the franchise agreement again even if the franchisee wants to. |
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Buying or Selling An Existing Franchise Outlet
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| The sale of an operating franchised business has unique issues beyond the typical issues involved in the sale of a business whether by the sale of assets or the sale stock due to the legitmate business interest of the franchisor and the terms of the franchise agreement to which the seller of the business is subject. This article discuses these uniques issues including the franchisor's right of first refusal, the franchisor's approval of the buyer, the payment of a transfer fee, the training of the buyer; the buyer's signed a new Franchise Agreement; rstrictions on advertising the business for sale; the franchisor's veto right is the price is too high of there is too much debt and forced sale upon the disability or death of the franchisee.
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