Financial Poise
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Executives & Business Owners

Business executives and owners of privately held businesses wear many hats, each of which require different skill-sets. Yet, at the same time, the pressures of running a business often leave little time for the continuing education that can benefit them. Financial Poise provides easily digestible, highly relevant information that business people can use right away to make their businesses better.

From columns and articles to webinars and podcasts, all of Financial Poise’s content is produced so that you don’t need a law degree or be a CPA to fully understand and apply the educational information provided.  Instead, it’s developed specifically for business owners and executives with the intent to be as comprehensive as possible without all of the unnecessary jargon.

Covering such subjects as fraud and litigation as well as bankruptcy and other similar topics, the Financial Poise collection for business executives and owners is meant to be engaging and easy to apply, so that you can get back to doing what’s most important – running your business .

IT Cloud Solutions for Your Business

Cloud Solutions: Ensuring your financial operations are ready for sale

Cloud computing permeates our personal and professional lives, with applications like for client relationship management, iTunes for entertainment, Google for document management and ADP for payroll. Whether recognized or not, many of the daily tasks business owners do each and every day involve interaction with cloud technology.

When Should a Seller Sign a Letter of Intent

When Should a Seller Sign a Letter of Intent

A letter of intent is often used in the purchase and sale of a business to set forth the framework for the negotiation of definitive transaction documents; and closing of a transaction. Typically, a letter of intent does not create a binding contractual obligation to purchase or sell the business.

Should You Sell Shares or Assets?

There are four “share purchase” methods including the three merger varieties plus the purchase of the shares of the target company from the target company shareholders. Click here for more detail. In contrast there is only one “asset acquisition” method by which the acquiring company purchases the assets of the target company.

Basic Legal Structures for Selling a Business

Basic Legal Structures for Selling a Business

As a potential seller, you must understand that price, while hugely important, is not the only important term you will need to negotiate with a potential buyer. Another hugely important issue is structure. You should understand that all business sales can be structured in one of five ways.

The Letter of Intent - In Detail

The Letter of Intent – In Detail

The first significant, substantive document in most business sales or any merger & acquisition transactions is generally the letter of intent. This may also be called a memorandum of understanding, expression of interest, indication of interest, or term sheet, but for purposes of this article, all of these terms will collectively be referred to as a letter of intent.

Product to Consider

Reps & Warranty Insurance; A Product to Consider During a Sale Process

Building your business took hard work and time. Selling it requires the same. You can go through the research, find the right buyer, craft a strategy, and yet it can all come to a screeching halt when capital gets tied up in escrow. When your retirement is on the line, complications in the sale, questions about representations, and extensions in the timeline are not ideal.

Management Team

The Importance of a Company’s Management Team in the Sale Process

Any buyer needs to understand the roles of each member of the Seller’s management team. The buyer will have a due diligence list, and information requests are part of the process which can lead to a sale. Potential buyers will want timely, accurate information.

Are You Cut Out to Be An Angel Investor?

De Facto Merger Doctrine – Exceptions to General Rule

There are certain exceptions to the basic rule that a buyer of assets buys free and clear of claims against the seller.

Purchase Agreement Essentials

Purchase Agreement Essentials – Boilerplate Provisions

The Purchase Agreement will contain a section that might be titled “General” or “Miscellaneous” or something similar. It may also include a section containing certain definitions for terms used throughout the Purchase Agreement. These provisions are sometimes called “boilerplate” provisions. However, they can be just as critical to the parties as the sections described above. These provisions typically help answer the following questions:

Purchase Agreement - Risk Allocation Provisions

The Purchase Agreement Essentials – Risk Allocation Provisions

If the transaction is not a sign and close, then the Purchase Agreement will contain provisions regarding how a party may terminate the contract. Typically, the Purchase Agreement will provide that it may be terminated as follows: the mutual written consent of the parties; by either party if there is a court order permanently restraining, or otherwise prohibiting the transaction; by either party if the closing has not occurred by an agreed outside date, unless the failure to close by such date is because of any failure to fulfill any obligation under the agreement by the party seeking to terminate; by either party if the other party in material breach of the agreement, and such breach is not cured after notice and a reasonable cure period;by the Purchaser at any time; except that the Seller might require a termination payment from the Purchaser in exchange for agreeing to this right.