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Does your contract have all the right stuff?
You may think of your small business as something very personal to you. Your employees and customers are like family, and you enjoy the comfortable, informal relationships you have with them. However, business is business, and at the heart of many successful business deals is a solid contract.
While you may not be ready to ask your employees to sign a non-compete clause, you are losing some critical protections if you are not using contracts with your clients. A contract may not prevent a lawsuit, but a well-written agreement can provide you with solid ground on which to stand if a dispute should arise with one of your clients.
Contract terms
Contracts simply outline what each party expects from the other. Having these terms in writing and reviewing them with your customer before agreeing to work together gives both sides a chance to discuss, negotiate and fully understand what you promise to do. Some important elements of a contract include the following:
Is a merger or acquisition best for your company?
Like most business owners, you are probably always on the lookout for ways to improve or expand your company. No matter how long you have been in business, you understand that the world can move quickly around you, and standing still can mean becoming obsolete. This is what motivates you to keep current with the trends of your industry and stay alert for new opportunities.
If you have learned that the fate of another Texas business is on the line, you may wonder if this is the right opportunity for you. The other business may be struggling to remain solvent, seeking to sell or looking for a company to partner with, among other circumstances. It is possible that this could be just the chance for you to grow your business, but you must first gain as much information as possible about your options.
Understanding the difference
The two alternatives you may be considering are a merger or an acquisition. With a merger, you and the owner of the other company agree to join forces to form a completely new entity. You may change your name to combine the two business names, and you may work as a partner with the owner of the other business.
A small business and a startup are not the same
Wanting to start a business is an admirable goal. You likely already understand that you will have a lot of difficulties to face as you work to achieve this goal. Fortunately, having the right information about where to start could help you immensely.
As you think about your future company, you may want to decide whether you want to create a small business or a startup. This decision may seem unnecessary because you may have thought that a small business and a startup were the same, but that is not the case. Knowing the difference between the two could help you decide your business path.
Small business
If you want to start a small business, you likely need a business model that can help you run a company that will generate revenue immediately and that overall works for business operations. Generally, if you start a small business, you will have a few employees and conduct sales on a relatively small scale. You likely also do not desire to enter into a major market. Instead, you want to focus your business on a market that allows you to operate efficiently.
Are you considering using restricted stock for your company?
Running a company has its ups and downs. If you have recently gotten your company off the ground, you may not have garnered substantial success as of yet. However, you may have reached a number of important milestones and feel that your company is well on its way to making it big.
As your company grows and you bring in more parties, you may consider the use of stocks in your business. One area that you may have a particular interest in is the use of restricted stock. As a small company, restricted stock may prove more useful to your business.
Using restricted stock
When your company does not have much value, restricted stock can provide certain stipulations on the stocks that may better benefit the company than simply utilizing stock options. If your company does become considerably valuable later on, using restricted stock may not have the same benefits because, at this point, the restricted stock will likely have significant value as well, which could result in tax burdens on those who receive the stock.
Is a former employee stealing your clients and staff?
When a customer comes into a business and steals an item from the shelves, the business suffers a loss. A prudent business owner will take steps to prevent such theft and even to pursue restitution from someone who commits the offense. However, in some Texas businesses, there is a type of theft that may have an even more devastating effect on the business.
An ex-employee who steals clients and other employees can quickly send your business into a tailspin. You may find your production grinding to a halt while you try to fill vacancies on your staff, and your profits may plummet as your customers jump ship. Like the prudent store owner, there are steps you can take to prevent this type of theft and options for seeking justice.
How can a non-solicitation agreement protect you?
One of the most important contracts you may have as a business owner is your employment contract. Not only does this contract outline the expectations between you and your employee while the employee is associated with your company, but it can also include restrictions on what your employee can do after leaving the job. A common restriction in an employment contract is a non-solicitation agreement, which can offer you the following protections:
Protect your business in breach of contract matters
Contracts are useful way to protect the interests of your company. Unfortunately, however, other parties may deviate from the terms of the agreement or refuse to follow the terms of the contact. A breach of contract is more than just an inconvenience – it is a threat to the well-being of your Texas business.
It is in the interests of all business owners to understand how to proceed when contract matters do not go as planned. You have the right to take action, enforce the terms of the contract and seek a beneficial resolution to the matter. There are various remedies that may be available to you, including securing damages.
The next steps for your company
Businesses of all types use contracts for anything from sales to employee agreements. In the event you find your company involved in a dispute over a contract, it is prudent to seek a satisfactory conclusion in a timely manner. It may be possible to reach an out-of-court agreement, but often, it is necessary to take legal action to recover losses from any financial damage that occurred and compel the other party to fulfill the terms of the agreement.
Are you ready to create a buy-sell agreement?
Owning a business means understanding that you will not always be around to run the company. The time may come when you choose to retire, or you may suffer from a disabling event in the future or pass away, any of which will make it impossible for you to continue owning and operating the company.
Because such possibilities exist, having a buy-sell agreement in place could greatly benefit your business. This document would allow you to have arrangements in place for the continuation of the business in the event of your retirement, disability, passing or other event that prevents you from moving forward with the company.
The buying parties
When it comes to buy-sell agreements, business owners typically utilize one of four types of arrangements. Those agreements include the following:
- Selling the company to the company itself
- Selling the company to an outside third party
Contracts for your employees could be good for your business
Texas business owners understand there are various challenges associated with owning and operating a small business. One of the unique issues you may have to address is how to deal with your employees. Regardless of the type of company you have, it can prove beneficial to draft employment contracts.
Employment contracts are a simple yet effective way you can protect your company and prevent many types of complications in the future. Written contracts provide both parties with significant benefits as they allow for everyone involved to know and understand their rights and obligations. If you do not have employment contracts or believe you should implement these in the future, it can be helpful to understand how to draft effective and enforceable agreements.
What should be in your contracts?
It is important when drafting employment contracts to be thorough, thoughtful and pursue terms that will be beneficial for you and protect the rights of those who work for you. Poorly drafted agreements or those that leave out important information could be invalid or unenforceable in the event that a former employee disputes it. Some of the things you may wish to include in your employment contracts include:
Working with vendors can help your company grow
Though you may have been the one with the great idea for a service or product, you likely understood from the beginning that your business venture could not move forward without the help of others. Even if you had the ability to carry on for a certain amount of time without seeking assistance from outside your inner circle, your success may mean you need to work with vendors, suppliers or manufacturers.
While you may feel a bit intimidated by working with outside companies, you may want to recognize this moment as the milestone that it is. This needed action likely means that your business has grown to a point that you cannot fulfill the necessary operational needs on your own, and that is a point about which to feel proud. Of course, you may still feel apprehensive about working with the right suppliers.
Aspects to consider
When looking for the right suppliers and manufacturers, you want to make sure that they appear reputable and also fit with the needs of your company. Some aspects to take into consideration include the following:
Protecting your business when you need to let an employee go
It's never easy to terminate an employee. Even if you have clear cause to do so, you may wonder about the potential ramifications of your actions. You may wonder if it will somehow affect your business, especially if the employee was subject to a non-compete or non-disclosure agreement. You may wonder whether he or she will file a wrongful termination claim against you, even though the law is on your side.
Truthfully, these are very real risks when you terminate an employee. However, you may be able to take steps to help ensure that your employee departs on the best terms possible. In some cases, you may have time to properly document a termination, but in others, that opportunity simply doesn't exist. How you address the situation could make all the difference.
When the termination needs to happen on the spot
In some cases, you will not have time to build a paper trail to protect your company. You may need to let some employees go immediately. More than likely, these types of terminations occur under circumstances such as the following:
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817-645-1717
