“I wish I had known better.” This is what disheartened business owners say when they face a problem that caught them completely off guard. Their regrets are big. Had they just “known better” and fully understood the hidden dangers of their actions they wouldn’t have spent the money, took the office space, cashed the check, or signed on the dotted line. Their business lives would have been different.
Sometimes the secret to making more money is business is looking for ways you can lose less money. Here are eight nasty gotchas that can shrink a business owner’s personal assets.
- Safeguard the safety net. I don’t have many absolutes, but I do strongly discourage business owners from investing their retirement savings in a startup or a business that has not already developed a multi-year record of sales and profitability.
If for any reason you file for personal bankruptcy, retirement savings are generally excluded from the reach of cash-hungry creditors. By keeping retirement savings intact, business owners never have to say they lost “everything” in a bankruptcy.
- Start smart. The easiest and least expensive way to set up a new business as a sole proprietorship. But sole proprietorship business organizations leave open the potential for business creditors to turn to the business owner’s personal assets (home, bank accounts, and valued possessions) to pay off business obligations including expensive, freak-of-nature product liability claims, employee trips and falls, etc. A better way is to consider organizing a business as a Limited Liability Company or corporation.
- Read the fine print. Even if you set your company up as a corporation or Limited Liability Company, you may still become personally liable for your company’s unpaid business debts. It happens when business owners sign documents that include personal guarantee language that obligates the signer to repay unpaid debts. You can find this language buried in business credit card, bank loan, equipment leasing and tenant agreements. To the extent possible, favor vendors that don’t require personal guarantees, or try to negotiate limited guarantees with the ability to determine the specific order of which personal assets can be used to satisfy business claims.
- Get insured. A standard homeowner’s insurance policy does not offer the same level of insurance coverage needed by most small businesses. General liability insurance policies can cost as little as $750 for a broad range of business-related coverages, including business interruption insurance.
- Check the books. Employee theft within small businesses is common. Sure most businesses can spare a few office supplies but not if the crime involves well-disguised changes to reported work hours to payroll companies, payments to non-existent vendors, padding of vendor bills and more.
Certainly no business owner wants to add more administrative duties to an already over-committed work week but consider random systems reviews of any staff member who has access to bank accounts, IT, automated billing functions and revenue collection systems. If your employees and independent contractors don’t think you look for fraud, then you make it easy for them to steal from your company.
- Get an employment contract. How can business founders get fired from the companies they started and nurtured? It’s easy. When founders lose voting control of the company’s shares and the loyalty of the company’s board of directors.
One way to minimize the risk of getting fired from your own company without reasonable cause is to negotiate an employment contract with your company’s board of directors prior to raising money from experienced investors. New investors typically receive one or more board of director’s seats as part of their funding agreements, which often changes the voting dynamic of a board. If a company’s sales and profits don’t meet projections, impatient board members can push for management changes.
- Protect your innovations. Startup entrepreneurs and well-established businesses frequently work with independent contractors while developing new products or technologies. To clarify the ownership of intellectual property rights, insist on vendor contract agreements that include provisions to “assign” all intellectual property rights to your company as a non-negotiable condition of the work relationship. The last thing any business owners needs is an unexpected dispute over the ownership of successful innovations and patents. Unclear intellectual property ownership documentation is also a common reason why entrepreneurs get turndowns from risk-adverse investors.
- Don’t promise what you can’t promise. Can you ever “guarantee” that your company’s product will be a big hit or your company will grow to a multi-million dollar enterprise? In their enthusiasm to impress potential investors, business owners often over-sell their company’s prospects in ways that can violate state and federal securities laws. No investment in an entrepreneurial company is every “risk-free.” Business owners can reduce the chance of disputes with disgruntled shareholders by disclosing investment risks upfront in a candid and honest way.