by eclewis | Jan 16, 2014 | Business News
Today, President Obama appointed Maria Contreras-Sweet head of the SBA. Founded in 1953, the SBA has had an impact on millions of US businesses, including mine. However, many people, including business owners, know little about the SBA. For most people, the most that they know about the SBA is that it backs some loans to small businesses. So, what does the SBA do?
The SBA primarily works in four areas:
- Advocacy
- Contracting with the federal government
- Education
- Financing
In regards to advocacy, the SBA conducts studies and monitors the small business environment. When small businesses are facing issues, the SBA helps determine the issues and solutions.
In regards to contracting, the SBA helps ensure that small businesses get to play a role in government contracting. The SBA helps certify businesses and ensure that they know about opportunities in the workplace. This includes both information about being a prime contractor and a subcontractor. The most recognized program is the 8(a) program for small businesses.
In regards to education, the SBA helps fund counseling and training for small business owners. Three of the most recognized programs are the SBDC (Small Business Development Center), SCORE, and Women’s Business Centers. Through these organization, individuals can learn about starting and maintaining a business, funding, and other necessary information to succeed as a small business.
Lastly, the SBA provides financing. While many small business owners are familiar with the SBA backed loan programs, most do not realized that they also help provide disaster recovery loans and micro-financing.
As a small business owner and business attorney, I highly suggest you take advantages of the resources available. If you have any questions, you can always call me, your small business lawyer, Elizabeth Lewis, at 720-258-6647.
by eclewis | Jan 12, 2014 | Business News, Internet Law, Online/Social Media Law
Anonymous no longer?
In a recent ruling by a Virginia court, the court ruled that Yelp.com, which provides online review from consumers for companies, had to release information about consumers who “anonymously” review companies. In the Virginia case, the owner of Hadeed Carpet Cleaning, Joe Hadeed, alleged that the reviewers of his site were not real customers and needing information about them to determine if they were real customers. If the individuals leaving negative comments were actual customers, then the review would be protected under the first amendment. However, if the reviews were not from customers then they would not be protected speech and Mr. Hadeed would be able to sue the reviewer. Mr. Hadeed requested information about the reviewers from Yelp; however, Yelp refused to disclose the information.
The court ruled that Yelp must reveal the names of the users to Mr. Hadeed because if the users were not customers then the speech was not protected speech. Yelp has stated that it disagrees with the ruling and that it will silence critics online. However, others hope that it will ensure that when businesses are reviewed, it is by actual customers.
This case highlights other issues that have been present about Yelp, namely issues with “hidden” results and the number of inaccurate reviews on the site. At this time, there is no news about whether Yelp will appeal the decision so online reviewers should be aware that reviews should be accurate and truthful because they may not be as anonymous as you think.
If you are a business that has had issues with possible inaccurate reviews online, please contact me, your Denver Business Attorney, Elizabeth Lewis at 720-258-6647 or elizabeth.lewis@eclewis.com.
by eclewis | Dec 5, 2013 | Business News
Women Owned Small Business Certification
Government contracting makes up a large percentage of the gross domestic product in the United States. With federal agencies required to grant up to 5% of government contracts to women owned small businesses, many small businesses wonder about how to take advantage of this income stream. The first step is to become certified as a women owned small business (WOSB).
To become certified as a WOSB, businesses must go through state, federal, local, or third party certifiers depending on the what entity you want to contract with. For instance, the City of Denver has its own application process to get approved as a WOSB. The Small Business Association, on the other hand, has four outside agencies it uses to approve WOSB. Unfortunately, there is not one standard approval process out there.
The requirements vary depending on the certifier, but almost all of them require that a woman have at least 51% of the ownership interest in the business. Women must have the final say in most business matters, such as dissolving the company, merging the company, and in the day-to-day operations. Most certifying agencies will require paperwork such as operating agreements or bylaws to show the control of the company. Some even require an onsite visit or in-person interview to ensure that the company is truly run by a woman.
With some certifiers, husband and wife owned businesses are not even eligible for WOBS. For the certifiers that do allow husband and wife owned businesses to qualify for WOBS, the certification process is much more stringent in most cases. In addition to being the majority owner on paper, the wife must prove that she can handle the day-to-day operations of the company. There are several examples of how even if a wife owns the majority in a business, the SBA will not certify the company as a WOSB on the SBA website. One example that is listed is the case of a husband and wife owning an auto shop where the wife does not have experience as a mechanic and is not licensed as a mechanic. The SBA states that even if the wife owns the majority in the shop, if her husband is the experienced mechanic, holds the associated licenses, and has an equity interest in the company, the business will probably not qualify for WOSB status. If you have a husband and wife owned business, caution must be used prior to applying for WOSB status to ensure that you can qualify.
Prior to attempting to get certified as a WOSB, even if you know you are eligible, you should weigh the pros and cons. While the pros are fairly obvious (i.e. a greater chance to win those government contracts), the cons are sometimes more difficult to determine. If you are thinking about selling your business in the near future, WOSB are more difficult to sell as if the potential owners of a successor business are mostly male, the income stream may decrease as the business would no longer qualify for WOSB. In addition, if you are a small business that uses equity to get employees and contractors, you may find that while you qualify as a WOSB today, you don’t tomorrow. Finally, the process can be long and time-consuming so if you are already successful it may not be best for your bottom line to apply.
Get Advice Before Getting A WOSBC
Consulting with a business attorney who has expertise in creating these documents about your future plans might be the difference between a successful company and one that fails. If you’re ready to form a corporation or you’re still wondering, “do I need a lawyer to incorporate my small business”, contact the Law Offices of E.C Lewis today.
by eclewis | Sep 16, 2013 | Business News
Since last week, I have been watching the news showing the flooding north of Denver. While we have had rain coming down and puddles on our grass, luckily both my home and my office are on high enough ground away from streams and creeks to avoid flooding. Pictures from Boulder, where I went to law school, show areas underwater and damage to homes, business, and CU. My heart goes out to all those affected.
When a natural disaster does strike, though, it is a good time to reassess the measures that you have taken, both personally and as a business owner, to protect your family and your livelihood. You can find information about personal preparedness at the Red Cross’s website. I have included a list of items that you should make sure to do as a business owner.
- Backups: Having computer backups is essential if you store information on your computer about your sales, financials, customers, etc. You may want to have a backup at your home and at your business. In some instances, you may also want to have a backup in the cloud (you may want to encrypt this) so that you can access it from wherever you end up.
- Insurance: Having insurance is essential. In some cases, an office policy will also include a business interruption insurance clause and property insurance. Talk to your insurance agent. If you rent, is rebuilding covered? Is business interruption insurance covered? Do you have the ability to pay employees if you need/want to?
- Disaster Plan: Especially if you have more than one person in your company, a disaster plan communicated to everyone is necessary. How do employees find out if there is a weather system moving in? Do you have emergency alert systems in your office/retail space?
- Contact Information: Just like backups, it is important to have contact information accessible if you need to leave (or lose) your office space/retail store. You want to have names, phone numbers, email addresses, policy/account numbers for your banks, credit cards, loans, landlords, suppliers, employees, insurance agents and other people that you may need to contact in an emergency.
- Website Information: Do you have a way to change your website? Do you have login information? In case of an emergency, you may want to make changes to it to update the public and clients of new hours/locations/etc/
- Phone forwarding: If your business location is unavailable, can you forward your phones to another number? You may want to have the instructions on how to do this available before an emergency – you can add this information to your disaster recovery plan.
Hopefully, your business will never need a disaster recovery plan. However, if you do, planning ahead can make a stressful situation a little bit easier.
If you need any legal help, please feel free to call your Denver Business Attorney, Elizabeth Lewis at 720-258-6647.
by eclewis | Jul 22, 2013 | Business News, Online/Social Media Law
The Marketplace Fairness Act was passed by the U.S. Senate on May 6th and is currently pending vote in the House of Representatives. The MFA would enable state governments to tax online retailers generating $1 million or more in a fiscal year.
The Marketplace Fairness Act is not a federal sales tax but a uniform framework for state governments to enforce their own sales tax laws on interstate exchanges. If the bill is passed in the House of Representives and enacted by President Obama, who has already indicated support for the legislation, states will have to follow basic rules as outlined by Rick Burgess if they do not join the Streamlined Sales and Use Tax Agreement:
- Notify retailers in advance of any rate changes.
- Designate a single state organization to handle sales tax registrations, filings, and audits.
- Establish a uniform sales tax base.
- Establish a way that a retailer can pay sales tax at a different state’s rate for sellers in that state.
- Provide free software for managing sales tax compliance
- Hold retailers harmless for any errors that result from relying on state-provided systems and data
The bill has rallied supporters and opponents alike. Among the supporters are state and local governments who can expect increased tax revenue as well as The National Retail Federation -the worlds largest retail trade association. The NRF has urged Congress to pass and implement the MFA. In a letter distributed to members of the Senate, NRF Senior Vice-President, David French states:
“As the retail industry evolves and digital commerce becomes a more prominent portion of total retail sales, it is critical that the tax laws not discriminate between businesses based on how their products are distributed…The Marketplace Fairness Act addresses the crisis by removing the constitutional limitations on states’ authority to collect sales tax from out-of-state sellers.”
Ardent opponent of the MFA Terri Alpert, a well-respected CEO in Connecticut who has built two top-shelf brands that generate more than $14 million in sales every year sat down with Forbes magazine to discuss why she is against the bill. The most vocal proponents claim that the MFA is an attempt to level the playing field between brick-and-mortar stores and online retailers but in reality it is: “a way to consolidate sales and power in the hands of the biggest retailers and to crush the little guys with an administrative burden that no small or even medium-size company can handle” according to Alpert.
In regards to the $1 million dollar revenue cutoff exemption Alpert adds that “for most people, that sounds like a pretty large business. But retailers work on very small net margins, often 5% or lower. So the typical $1 million seller may have one part-time employee and may be earning about $50,000 a year!”
The Marketplace Fairness Act may have more difficulty passing through the Republican majority of Congress than it encountered in the Senate. For now, only time will tell how the Marketplace Fairness Act will play out. In the event that you have any questions about the pending legislation or any legal business matters, contact your Denver business attorney Elizabeth Lewis at 720-258-6647 .
by eclewis | Jan 29, 2013 | Business News
The past few weeks we have been talking about starting a business. Just like starting a business with a spouse which we discussed two weeks ago, people start to think about going into business with friends and family. You’ve known your brother since you were kids – you have fought with him, beside him, and for him. What better partner in crime for a business than the same kid that teased you about going to school in hot pink or got your first boyfriend? In some cases, family owned businesses can be great. In others they can cause a family split like no other.
When you first start thinking about going into business with a family member, like going into business with a spouse or partner, you need to seriously evaluate your family member’s strengths and weaknesses. Is the family member a good fit for the business you are starting? Are you bringing the family member into the business because of what he can contribute? Or are you bringing the family member into the business for other reasons such as the family member doesn’t have a job and you want to help him? Even though you and the family member were raised with similar values, do you still have those similar values? For instance, do you have the same financial values? Do you both have the ability to be self-employed (and therefore probably little to no income) while the business is in the startup stage? Finally, and maybe most importantly, because it is a family member, are you going to be able to handle disputes without causing a strain in your relationship with the family member?
When working with family members, a dispute in the business can go very, very, very wrong. While a dispute with non-related partners can also go wrong, when there is a dispute in a family owned business it can mean not only the downfall of the business, but a break in the family bonds. Recently, the story of the Pasquini family in Denver has made the news. The Pasquini case has pitted brother against sister in a dispute over the family business, specifically the rights to the name of the business. As this Denver Post article highlights, the case has now evolved into a multimillion dollar dispute that will probably leave the family with bitter feelings forever. Prior to going into business with a family member, you have to consider all the possibilities to make sure that the potential costs are really worth it.
With these caveats in mind, proceeding with a family business is similar to proceeding with any business with partners. The family members need to seek legal help from a business attorney to determine what type of business entity they should open, what documents are necessary to open the business, and to help with legal issues as they come up. The family members may also need to seek the help of an estate planning attorney to ensure that should something happen to one of them, the estate plans are clearly recorded to lessen any feuding between descendants later on.
Finally, just like with all businesses, the family business should add several other members to its advisory team. In addition to the business lawyer, a CPA, insurance agent, and banker are essential members to make the business successful. These key players will help protect the family business’ finances and assets to ensure that the business can be successful for many generations to come.
If you have any questions about starting a family owned business, please call me, your Denver business attorney, Elizabeth Lewis at 720-258-6647 today!
