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MBE Certification and Special Funding for Minority-owned Businesses in 2024

November 27, 2023 Spiegel & Utrera, P.A.

Minority-owned Businesses with MBE Certifications get Special Funding and Benefits in 2024

Government programs are available for minority-owned businesses with an MBE certification. Obtain an MBE certification and benefit from business loans, investment capital, disaster assistance, surety bonds, special grants, commercial and federal contracts, business networks, and client databases by obtaining one of the following:

MBE (Minority-owned Business Enterprise)
MWBE (Minority/Women-owned Business Enterprise)
DBE (Disadvantaged Business Enterprise)
NMSDC (National Minority Supplier Development Council)

Over 4.7 million small businesses are owned and operated by women, minorities, and veterans—and are to thank for creating 4.7 million jobs within the last 10 years. Unfortunately, such small businesses face a layer of vulnerability obscure to their majority counterparts. Minority-owned businesses are much less likely to get contracts, loans, and on average, get half of what they otherwise would from lenders and investors. To stimulate the economy and help disadvantaged small businesses compete, the government is offering special programs to those that get certified. The programs are not designed to be charity, nor do they give minority-owned businesses special treatment; it is an attempt to level out the playing field by increasing visibility and the number of potential opportunities.

mbe-certification-minority-owned-business

How to get Minority-owned Business Certification?

To get a minority-owned business certification, you and your company or corporation must meet specific criteria and qualifications. First, your business must be at least 51% owned, managed, and operated by minority group members of U.S. citizenry and have good moral character. The company, corporation, partnership, sole proprietorship, or franchise must be for-profit and located in the U.S. or its trust territories.

How to register as a minority-owned business?

To register as a minority-owned business and obtain an MBE certification, you can start the process today by filling our online form or by calling (800) 603-3900. Applying for an MBE certification is a legal process; our in-house lawyers can help you meet the certification criteria and qualify for the special funding and benefits it provides. Please note that a minority-owned business MBE certification includes legal documents such as the articles of incorporation or certificate of organization, stock certificates, company minutes, operating agreements, and corporate bylaws, among other records. Our law firm helps minority-owned businesses incorporate, litigate, and satisfy government guidelines, giving you a fair chance to grow into a profitable and sustainable entity. Utilize our arsenal of legal and business abilities to your full advantage. Call us for a free consultation now!

Company records book and seal are important in obtaining your MBE certification. If you’ve lost your corporate kit, we can help you replace it when processing your application.

MBE Certification Benefits

The MBE certification benefits minority-owned entities by enabling access to many business opportunities and connections, such as:

Prospective Buyers
Government Agencies
Procurement Professionals
Capital Funders
Supplier Databases

Commercial Contracts
Federal Contracts
Technical Assistance
Leadership Tools
Technology Programs

Educational Programs
Affordable Consulting
Networking Opportunities
Exposure to other MBE’s
Partnership Opportunities

Business Opportunity Exchange
Annual Golf Tournament
Business Alliance Forum
MBE Annual Business Meeting

MBE Tax Benefits

As an MBE-certified minority-owned business, you don’t receive any special federal tax breaks or incentives. However, you can receive tax benefits for working with other MBE’s and those that operate in low-income areas. You can also get tax relief from establishing your business in specific zones or locations. Also, entities of certain types may be eligible for tax credits and programs to promote economic development in disadvantaged markets and industries.

Minority-owned Business MBE Certification Checklist

The MBE certification checklist below will give you a general guideline on the process of this effort:

☑ Review Criteria for Certification.
☑ Gather Personal and Business Documentation.
☑ Complete the Online Form.
☑ Application Review for Accuracy.
☑ Legal Advice from Our Lawyers.
☑ Application Review by Authorities.
☑ Final approval.

SUBMIT DETAILS AND GET OUR ATTORNEYS TO CALL YOU

* Please give our attorneys up to 4 business hours to call your phone. Thank you.

Minority Loan Programs

You can find several potential loan options for minority-owned businesses that obtain the MBE certification, including:

SBA (7) Loans – Up to $5M
SBA Community Advantage Loans – Up to $250,000
SBA Microloan Program – Up to $50,000
Union Bank Business Diversity Lending Program – Up to $2.5M
Business Center for New Americans – $500 to $50,000
Business Consortium Fund Loan – $500 to $50,000

How to apply for a minority business grant?

There are grant opportunities for minority-owned small businesses that you can find online after obtaining your MBE certification, among those are:

Grants.gov
Small Business Innovation Research (SBIR)
USDA Rural Business & Waste Disposal Grants
Minority Business Development Agency (MBDA)
The National Association for the Self-Employed (NASE)
Asian Women Giving Circle Grants

MBE Certification Requirements

The requirements for an MBE certification include:

Meeting the Certification Criteria

United States Citizen.
Minority-owned businesses must be at least 51% owned and operated by minorities.
Must be a for-profit entity.
Must be located in the United States or its Trust Territories.

Requirements for All Businesses

Driver’s License
Proof of U.S. Citizenship
Two Years of Federal Tax Returns
Current Financial Statements
Applicable Business Licenses
Business Lease Agreements
Proof of EIN

Requirements for Corporations

Articles of Incorporation
Corporate Bylaws
Corporate Minutes
Stock Certificates

Requirements for LLC’s

Certificate of Organization
Operating Agreement
Company Minutes
Ownership Certificates

The development of your minority-owned business or agency

At Spiegel & Utrera, P.A., we have been committed for decades to providing minority-owned businesses affordable business formation with complete records book and seal, experienced legal and business counsel, and written agreements. We’re open Monday to Friday from 8:30 am to 5:30 pm. Feel free to give us a call at (800) 603-3900 with any business or legal questions; we’re happy to help your MBE-certified business get to the next level.

ARTICLES OF INCORPORATION 2.0 UPGRADE

October 18, 2023 Spiegel & Utrera, P.A.

Over the years, just like updates, improvements, and filings for your business are required, an upgrade of your Articles of Incorporation or Certificate of Organization may be required as well. If you used our firm to form your company, you may already have comprehensive incorporation or articles of organization documents. However, as time goes on and changes occur in your business, a second revision or upgrade to the articles or certificate of organization may be required. Go here to request your Articles of Incorporation 2.0 Upgrade.

Articles of incorporation or certificate of organization serve as the foundational documents for your entity. They outline the name of the corporation, structure of your entity, effective date of formation, purpose, registered agent, principal office, duration, authorized shares, board of directors information, incorporator information and other clauses to protect you and your business.

SHOULD YOU UPGRADE YOUR ARTICLES OF INCORPORATION OR CERTIFICATE OF ORGANIZATION?

Upon review of your Articles of Incorporation or Certificate of Organization, it may be that your document is missing restrictions on the transfer of shares, missing indemnification clauses, and missing special voting rights provisions. Amending your documents to include the ladder mentioned, is a significant upgrade to protect your business, members and directors.

Additionally, the entity will want to have it’s company documents upgraded prior to there being a need for another party or investor to review these documents. It’s important to note that while (in some states) articles of incorporation are a publicly accessible document, certain details and information about the corporation can also be found in other documents, such as annual reports, bylaws, and filings with regulatory agencies. When sharing your articles of incorporation, it’s a good practice to provide complete and accurate company documents to ensure accurate representation of your corporation’s structure and purpose. It’s good practice to keep all your company documents in one place and keep them handy and organized in your company book and binder.

Here are just a few items that may trigger an upgrade to your Articles of Incorporation:

Change in Company Name: If your business decides to change its legal name, you will typically need to upgrade the Articles of Incorporation to reflect this change.
Change in Business Purpose: If there is a significant change in the primary purpose or activities of your business, you may need to upgrade the Articles of Incorporation to reflect the new business purpose.
Change in Share Structure: Any changes to the authorized shares, classes of shares, or the rights and privileges associated with those shares may require an upgrade with an amendment to the Articles of Incorporation.
Change in Directors or Officers: If there is a change in the board of directors or officers of your business, you may need to upgrade the Articles of Incorporation to reflect the new individuals in these positions.
Amendments to Governing Documents: If you wish to make other amendments to the governing documents of your corporation, such as changing the bylaws, you may need to upgrade the Articles of Incorporation to reflect these changes.
Conversion or Merger: If your business undergoes a merger, consolidation, or conversion into a different type of entity, you may need to upgrade the Articles of Incorporation to reflect these structural changes.

GO HERE TO REQUEST YOUR ARTICLES OF INCORPORATION 2.0 UPGRADE

WHO MAY NEED TO REVIEW YOUR ARTICLES OR CERTIFICATE OF ORGANIZATION

Government Authorities: State and local government agencies, such as the Secretary of State’s office or the relevant state’s corporate regulatory body, will have access to your Articles of Incorporation. These agencies use this document to officially recognize and register your corporation.
Internal Use: Members of the corporation, such as shareholders, directors, and officers, often need to access the Articles of Incorporation to understand the organization’s legal structure, purpose, and governance provisions.
Lenders and Financial Institutions: When seeking loans or financing, banks and lenders may request a copy of your Articles of Incorporation to verify your business’s legal existence and structure.
Investors: Potential investors and venture capitalists may request or review the Articles of Incorporation to understand the company’s structure, share classes, and any special rights associated with shares.
Business Partners: When entering into contracts or agreements with other businesses, your partners or vendors may request a copy of the Articles of Incorporation to ensure that they are dealing with a legitimate legal entity.
Legal Counsel: Your corporate attorney or legal advisors may need access to the Articles of Incorporation when providing legal advice or making amendments to the document.
Regulatory Agencies: Depending on your industry, specific regulatory agencies or bodies overseeing your business may require access to your Articles of Incorporation to ensure compliance with industry-specific regulations.
Shareholders or Members: Shareholders and members may request copies of the Articles of Incorporation when participating in corporate governance decisions or to understand the company’s governing rules and structure.
Courts and Litigation: In the event of legal disputes or litigation, courts may require access to the Articles of Incorporation to understand the corporation’s legal structure and relevant details.
Prospective Buyers: If you are considering selling your business, potential buyers may request or review your Articles of Incorporation to understand the company’s legal and financial standing.

GO HERE TO REQUEST YOUR ARTICLES OF INCORPORATION 2.0 UPGRADE

WORKPLACE RECORDINGS AND WHAT YOU NEED TO KNOW

August 29, 2023 Spiegel & Utrera, P.A.

Can employees record almost anything at work now? If you’re an employer, here is what you need to know:

In the digital age of smartphones and social media, employee workplace recordings have become increasingly common, capturing moments of confrontation with rude customers or venting about work-related issues. However, in some states, employers must be aware of the broader legal implications such recordings can have in the workplace.

The prevalence of workplace recordings has led some employers to consider an outright ban on such activities to avoid potential complications. Nevertheless, federal labor law, particularly the National Labor Relations Act (NLRA), grants employees the right to record in the workplace during “protected concerted activities.” These activities include discussing wages, benefits, and working conditions, as well as union organizing and collective organizing efforts.

RECORDING POLICIES AND MORE FOR WHEN HIRING WORKERS

The National Labor Relations Board (NLRB) reinforced this protection in a recent ruling in February 2023. The NLRB found that two employees who secretly recorded management conversations engaged in protected concerted activity as they were concerned about potential retaliation for their unionization efforts.

However, this protection under the NLRA does not necessarily give a party the green light to record in the workplace. Workplace recordings may inadvertently violate wiretapping laws, privacy laws, and confidentiality and trade secret concerns. Several states have specific wiretapping laws that prohibit recording conversations without the consent of all parties involved, potentially rendering some employee recordings unlawful.

Employers must tread carefully when implementing recording policies. A blanket ban may violate NLRA rights, while a laissez-faire approach may jeopardize the security of confidential information. Employers are encouraged to craft tailored workplace recording policies that protect sensitive information and respect employee rights to engage in protected concerted activities under the NLRA. Striking the right balance will be crucial for California businesses to navigate this complex legal landscape effectively.

RECORDING POLICIES AND MORE FOR WHEN HIRING WORKERS

COMMON PRACTICES FOR STARTUP BUSINESS SUCCESS

November 22, 2022 Spiegel & Utrera, P.A.

For first time business owners, learning and implementing common practices could be over bearing.

However, understanding that sticking to these practices only helps refine and inflate the scale of the services provided to a wider range of clientele. Passion, Customer Experience and Organization, all these practices are particularly important in the mindset of a business owner so they may see it thrive. Most start-ups fail from a lack of implementation of proper business tactics. Tactics that are sometimes overlooked and have inconceivable repercussions which could lead businesses to their unwitting doom!

In business, there must be a want to provide a service or product! And in those services and products the business owner must be passionate! Passion greatly influences the chances a customer is willing to take with you as a business owner. Before a customer is keen on committing to your business, they’ll usually want to find a good reason to pick you, working passionately gives customers the sense that you will give them the best value for their dollar. Passion is in a way a force that business owners use to fuel their business forward.

Once the customer walks into or clicks into your store, the business must be ready to give the customer a great experience. What is a great experience? Greetings and salutations, attention to detail, standout product packaging and presentation are just a few of the ways business owners can go the extra mile for their customer. This will inherently bring repeated clientele. A single sale from a client is great, repeated business with that client is the goal. One bad interaction with the client could deter their business in the future. Bad interactions could be as simple as a wrongly scheduled appointment for a client.

Organization is one of the most important ways to be able to keep records of the crucial information that easily slips through the cracks. Businesses need to keep records of finances, deadlines, and need to plan in order to continue providing good service to its clientele. One cannot perform well within chaos and the unpredictable nature it causes. Consider organization for businesses as a service for its customers, as well as for itself. This goes a long way for many practices aside from business.

Practices that business owners apply to their business should be treated as respectably as the initiative they use to maintain their life. A good business tends to have an extension of a persons combined good habits and practices. Those practices, as simple as they are, become the customer experience that is sought and brings repeated clientele for any business. Which is just what any startup needs in order to do just that, Start going UP!

A SMATTERING OF SERVICES TO HELP YOU ACHIEVE BUSINESS SUCCESS

October 27, 2022 Spiegel & Utrera, P.A.

INDEMNIFICATION AGREEMENT
Don’t Take Chances: Protect Yourself from Personal Liability
We strongly recommend that you include special provisions in your Articles of Incorporation or Articles of Organization and additional Corporate agreements which trigger this important protection requiring the entity to indemnify and hold harmless it’s Directors and Officers or Managers and Members from any actions they take on behalf of the entity. If a Director, Office, Member or Manager is ever sued for actions taken on behalf of the entity, these provisions require that the entity be held responsible.

SERVICE AGREEMENT

A service agreement is the Foundation for a Successful Service Business – You are LOSING $$$ without it!

You are LOSING MONEY if you do not have a Service Agreement. Without a service agreement you are watching dollars walk away every day. Obtaining a first time customer is very expensive. Yet so many entrepreneurs let that customer walk away after the initial sale. This is a sure fire way to make your business fail. Successful entrepreneurs know that the key to starting a thriving enterprise is repeat business. It is far too costly and time consuming to build your business on first time customers alone. You MUST turn these first time customers into repeat customers. A service agreement is a solid investment in the future of your business and is a fast, easy, and cost effective way to make your business succeed. A service agreement works as a tool not only to secure repeat customers but also to market your business. The Service Agreement is a customized written agreement entered into with its customers and is the bedrock foundation of many service businesses. Many franchises sold for tens of thousands of dollars are business formats revolving around a successful Service Agreement. The key with a Service Agreement is to make it work as a marketing tool offering the business services in the widest variety of formats to your customers. For example, a one-time use customer needs to be converted to a monthly, quarterly or annual type repeat customer. At Spiegel & Utrera we want to help you get, and keep, your customers while looking professional and at the same time maximizing each sale with a friendly service agreement. A Service Agreement starts at $367.95 up to $897.95 depending upon its complexity if ordered at the time of forming your entity. We will prepare a draft of your Service Agreement and deliver the draft by fax or email to you for your review. Once you have had an opportunity to review the Service Agreement we will meet over the telephone to discuss the various aspects of the draft Service Agreement. Thereafter, Spiegel & Utrera will make changes to the Service Agreement to finalize it. Once the Service agreement has been finalized and delivered to you, you should take it to your printer to be printed and padded so it will always look professional and non-negotiable.

Submit contact details for immediate assistance:

* Please give our attorneys up to 4 business hours to contact you. Thank you.

TRADEMARK YOUR COMPANY NAME OR LOGO
Intellectual property is a specialized field where an experienced attorney from Spiegel & Utrera, P.A. can assist you in avoiding Federal Trademark and Federal Servicemark registration pitfalls. Filing a Federal Trademark or Federal Servicemark yourself or using a document preparation service may look cheaper, but in the long run you may very well end up with needless delays and added costs. Although Spiegel & Utrera, P.A.’s filing of your Federal Trademark or Federal Servicemark application does not include representation if the application is rejected or requires amendment, if legal issues do arise, Spiegel & Utrera, P.A. stands ready to represent you in completing the registration process. Give us a call today to discuss protecting your enity name or logo from copycats.

AGREEMENTS PREPARED PROFESSIONALLY
Click here to view our agreements index.

Saving time and money on a legal document is prudent only if you get the job done right the first time. However, if your inexpensive, do it yourself “legal document” never gets completed or worse gets completed but does not hold up in court and costs you thousands of dollars in lost business, you’ve made a poor choice. Call us at (800) 603-3900 to get a free quote to prepare an agreement or submit your details online.

Get Valuable Insights on How to Build and Get More Out of Your Business
Lawrence J. Spiegel is the author of Detours and Contradictions: The Challenge of Being an Entrepreneur. A nuts and bolts resource for the boot strapping entrepreneur who wants to start or grow a business. Lawrence J. Spiegel is also the author of Charlie’s Entrepreneurial Journey: A Guide to Success Through Entrepreneurship. His latest book provides 416 pages of insight into the world of an aspiring entrepreneur named Charlie. Charlie’s journey leads him through topics never discussed in business books but essential to success. Pick up your copy here.

Spiegel & Utrera, P.A.’s YouTube Channel
View some of our videos on “Company Records Book and Seal 101“, “Creating a Membership Driven Business“, “Developing Your Business Model“, “Use of a Lead Generation Strategy&” and more.

AmeriLawyer YouTube Playlist (20 Videos)
Listen to our complete AmeriLawyer.com playlist on how to start, expand, buy, sell your business!Visit AmeriLawyer’s YouTube Channel to get valuable information on starting a business, business model development, building business credit, marketing and lead generation plan.

Learn more by reading some of our Entrepreneurial Posts or Business Posts on Spiegel & Utrera, P.A.’s blog.

General Counsel Club Members can call (800) 734-9900 to get unlimited access to legal and strategic business advice over the phone.

CORPORATE FRUGALITY AND FINANCIAL SUCCESS

September 13, 2022 Spiegel & Utrera, P.A.

CORPORATE FRUGALITY AND FINANCIAL SUCCESS

Frugality in business may be the most meaningful but largely undocumented characteristic of companies. Financial success is determined by how much you keep, not necessarily how much you made. Frugality in business is considered as a corporate trait of consistent and disciplined management of spending to achieve long-term strategic objectives and sustainable profits. This differs from budgetary control since companies control cost differently and make greater use of a broad range of cost management practices. Regardless of current economic challenges some choose to manage strict cost discipline and avoid waste as the standard in doing business; treating the assets with a sense of responsibility and stewardship throughout the business’s history and expansion.

One consideration when researching how to implement frugal practices in your enterprise is to consider investing in services over products. Services may provide resources beyond your capabilities taking your level to the next tier and will begin a history of professional relationships and networking that may provide an ROI through word-of-mouth and complimentary, rather than competitive, exposure. Products on the other hand often loose a large percentage of their value as soon as taken off the shelf or driven off the lot. The savings made and reinvested today has the potential to grow with compound interest to a sum that rivals the business’s profits in the future.

Visit AmeriLawyer’s YouTube Channel to get valuable information on starting a business, business model development, building business credit, marketing and lead generation plan.

Learn more by reading some of our Entrepreneurial Posts or Business Posts on Spiegel & Utrera, P.A.’s blog.

GET VALUABLE INSIGHTS ON HOW TO BUILD AND GET MORE OUT OF YOUR BUSINESS
Lawrence J. Spiegel is the author of Detours and Contradictions: The Challenge of Being an Entrepreneur. A nuts and bolts resource for the boot strapping entrepreneur who wants to start or grow a business. Lawrence J. Spiegel is also the author of Charlie’s Entrepreneurial Journey: A Guide to Success Through Entrepreneurship. His latest book provides 416 pages of insight into the world of an aspiring entrepreneur named Charlie. Charlie’s journey leads him through topics never discussed in business books but essential to success. Pick up your copy here.

General Counsel Club Members can call (800) 734-9900 to get unlimited access to legal and strategic business advice over the phone.

IMPORTANT CONSIDERATIONS IN BUSINESS BANKING

August 22, 2022 Spiegel & Utrera, P.A.

IMPORTANT CONSIDERATIONS IN BUSINESS BANKING

One of the most over looked and undervalued steps in the venture of a new enterprise is establishing a solid financial ground and reputation for your business. A detailed business plan will set the foundation for the types of transactions and financial requirements your business will deal with regularly. Using those considerations in comparison to the following banking services and features available today, take the time to research with whom you’ll be taking your business to. Setting up the right account early will provide the opportunity to build credit, successfully apply for loans in the future, and provide necessary professionally prepared financial statements.

No Monthly Fees
Most banks will waive the monthly fees entirely if you meet certain requirements such as minimum balance, direct deposit, automatic bill pay, etc.

Signup Bonuses
New business require several purchases to get started, many banks will offer Cash back Rewards or introductory signup bonuses if you utilize the account frequently within the first days.

Online Banking Options
A must for doing business in the modern era. Double check that your selected bank is associated with any digital payment platforms you may use or wish to accept.

Credit and Investment Options
When expansion is part of your plan, consider utilizing banks that provide business lines of credit or money market accounts for larger purchases such as company vehicles or future initiatives and investments.

Visit AmeriLawyer’s YouTube Channel to get valuable information on starting a business, business model development, building business credit, marketing and lead generation plan.

Learn more by reading some of our Entrepreneurial Posts or Business Posts on Spiegel & Utrera, P.A.’s blog.

General Counsel Club Members can call (800) 734-9900 to get unlimited access to legal and strategic business advice over the phone.

5 STEPS TO A SUCCESSFUL BUSINESS IN 2023

July 21, 2022 Spiegel & Utrera, P.A.

Spiegel & Utrera, P.A. is aware that being a successful entrepreneur is not an easy task. Within the first year of opening your business, 18.4% of private sector businesses in the U.S. fail and after five years, 49.7% have faltered.

Click on the 5 steps below to increase the chances of your business succeeding long term.

Step 1. Get Educated On Everything To Do With Your Industry

Step 2. Make A Business Plan

Step 3. Consider Efficiency And Specificity In All You Do

Step 4. The Secret To Surmounting Competition: Customization And Innovation

Step 5. Steady Growth – Don’t Over Do It!

STEP 1. GET EDUCATED ON EVERYTHING TO DO WITH YOUR INDUSTRY BACK TO TOP
Many businesses begin as a personal passion project without much consideration for current market trends. Is your business’s service or product something that only you need, want and derive satisfaction from, or does it have a much larger demand online or in your local community? This is the time to do a side-by-side comparison of your entrepreneurial desires vs. the economy, the market and the community. Take the time to reach out to your preferred customer base to consider, ask, and analyze their needs, questions and concerns. It is much easier to satisfy an existing need rather than create one and convince people to spend money on it. The first step to any successful business is research; research the current market, your competitors, the level of demand and saturation, and who and where your target audience are. Expand your inquiry beyond your specific domain to the larger industry in order to set yourself ahead of upcoming trends and innovations. As the saying goes “measure twice, cut once.” Take the time to collect your data in a specific and measurable format. This information will not only assist you in developing a business plan but support the development of you company down the road.

STEP 2. MAKE A BUSINESS PLAN BACK TO TOP
The goal is to make it as detailed and thought through as possible, so that once the work begins, your business is set on that pre-planned, professionally organized trajectory. A thorough business plan should contain the following (a) an outline of achievable goals for your business (b) how your business can meet these goals, including possible problems and solutions (c) quantifiable demand of business/service based on research and surveys (d) costs and inputs needed for the business (e) outline of strategies and timeline for short-term and long-term implementations for the company.
If you’re overwhelmed as to where to begin or what to consider, you may want to consider our General Counsel Club service. The service provides unlimited legal and business advice from an attorney over the phone. If you are currently a member, call (800) 734-9900 to get advice on having a successful business.
STEP 3. CONSIDER EFFICIENCY AND SPECIFICITY IN ALL YOU DO BACK TO TOP
Reduce expenses, losses and “busy-work” by targeting your business to the right customers in the right way. Businesses with predominant sales online aught to invest in updated servers and professionally designed websites to create a positive impression upon the customers. Businesses which rely on foot traffic should consider if they are in an ideal location for the type of customers sought. Consider in all ways where your target market is and how they would search or come across your service. Market and advertise your services through the medium your audience is most captivated by. Few businesses can grow or survive on word of mouth and referrals alone in the progressive and transitional markets of today. Technology, social media, and a professional digital media presence are a requirement for any business. Active and up-to date digital store-fronts provide customers with a sense of professionalism and security in doing business with you. Additionally, clients are offered a level of transparency and familiarity into the brand, services and current events of your business.

STEP 4. THE SECRET TO SURMOUNTING COMPETITION: CUSTOMIZATION AND INNOVATION BACK TO TOP
In a saturated and competitive market, a new business can gain notoriety and market share by customization and innovation. Customize the way you do business in comparison to your competitors in a mode that is an improvement and one of a kind. Moreover, new businesses who imitate established businesses – with their corporate funding, years of R&D and teams of specialists- will struggle to produce an equally competitive and curated product or service. Find an opening in the market by fulfilling an unmet need and innovate a new service or product that your competitors don’t have. This will give your business a reason to stand out from the rest. Innovation reduces competition!

STEP 5. STEADY GROWTH – DON’T OVER DO IT! BACK TO TOP
A thorough market analysis and detailed business plan will lay a solid foundation for a company to begin successfully. With customization and innovation companies do not necessarily need to compete with competitors but can focus on forging their own path and market share. Enormous energy and resources are devoted to beginning a company and expansion is no different. Growth exposes a business to new scopes and focuses that may not be fully understood. Planning for steady growth includes further research into untapped areas and markets of the business, building a larger team of professionals and resources, and assessing your finances. When a business expands too fast and doesn’t take care with research, strategy and planning, the financial drain of the overexerted business can sink the whole enterprise.

There’s more!

Visit AmeriLawyer’s YouTube Channel to get valuable information on starting a business, business model development, building business credit, marketing and lead generation plan.

Learn more by reading some of our Entrepreneurial Posts or Business Posts on Spiegel & Utrera, P.A.’s blog.

General Counsel Club Members can call (800) 734-9900 to get unlimited access to legal and strategic business advice over the phone.

Registered Agent 101 and Why You Need an Attorney Registered Agent

June 26, 2019 Spiegel & Utrera, P.A.

The importance of a Registered Agent

Registered agents are one of the most important things to consider when starting a new business. All corporations, non-profits, limited liability companies, and partnerships are legally required to appoint a registered agent, and failing to choose the right one can lead to disaster for your business. We’ll provide you with everything you need to know so that you can make an educated decision and avoid the trouble of privacy breaches, defaulted lawsuits, and bad standing with the state—which can all lead to the loss of your business entity, license, assets, and more. We’ll also go over the advantages of having a law office as a registered agent.

What is a Registered Agent?

A registered agent—also known as a statutory agent or agent for service of process—is a party, entity, or person appointed to receive important state and court correspondences such as annual state filings, tax notices, court notices and other articles of official documentation. Registered agents routinely receive important mail from the state and service of process. Service of process is the document which initiates a lawsuit against your company and starts the statute of limitations. The registered agent will collect the official mail or notifications, then process and communicate them accordingly to the business owner.

Role and Benefits of a Registered Agent

Again, state government requires you to provide someone as a point of contact for your business at all times to accept documents on your behalf. A registered agent is particularly important if you don’t have a physical location in that state, since P.O. boxes don’t fulfill this requirement.

A registered agent will help you:

Avoid fines and penalties by ensuring that you receive official letters in a timely manner.
You also have the benefit and freedom of being away or unavailable during normal business hours without missing a beat.
Another one is having privacy and anonymity, since public records only show the registered agents address instead of yours.
You can also change locations without having to file a change of address with the State.
And disarming yourself of the legal responsibility of receiving official mail, staying at your business location, and the peace of mind of not being served lawsuits or tax documents in front of others.

Choosing a Registered Agent

Failure to maintain a registered agent can lead to involuntary dissolution, revocation of charter and authority, and the freezing of your financial accounts. The registered agent of your choice must have a physical street address, and availability at that address during normal business hours. Ideally, you want a registered agent solution that is reputable and responsible in getting documents unto your hands promptly. Courts are typically inclined to set aside a default judgment against a party for failing to respond to a summons and answer a complaint on reasonable grounds such as inadvertence, mistake or excusable neglect. For a defaulted party, a registered agent’s lack of diligence in handling service of process may cost a defendant thousands of dollars in a default judgment.

It is imperative for companies to choose a professional registered agent with internal processes in place to efficiently forward all service of process and have the ability to defend a party in a suit to prevent a catastrophic result. An attorney registered agent office can not only do just that, but can also provide legal advice, and the attorney-client privilege that non-lawyer registered agents simply cannot offer. The legal and business advantage of this is huge; it means that if you receive a subpoena to produce information about your corporation, LLC, Partnership or Trust because of matters such as alimony, child support, bankruptcy, debt collection, foreclosure, IRS, tax collection, government enforcement action, criminal matters or anything else—the attorney is duty bound not to disclose any information about you to anyone. This is a powerful legal advantage to have working for you and you can only obtain it from a lawyer. A non-lawyer registered agent or office cannot offer this valuable confidentiality and privacy protection.

Attorney Registered Agent

Spiegel & Utrera, P.A. is committed to protecting our client’s privacy. Being in business today is stressful enough without worrying about being vulnerable to privacy breaches and that’s where Spiegel & Utrera, P.A. comes in. We are trained to protect our client’s privacy and we take that responsibility very seriously. We don’t just represent you or your business, we understand the importance of assessing every opportunity to be a valuable asset to our clients. Each day we receive many inquiries seeking information about our clients and their business. You can rest assured that we never, ever disclose any information about any of our clients unless we are compelled to do so by a subpoena. Remember, that when Spiegel & Utrera, P.A. serves as your registered agent, we act as a buffer between you and anyone who would seek to serve process on your business. This assures the utmost privacy.

Roger Davis

★★★★★

My attorney for 30 years. They really do more than just set up corporations. I needed somebody to help me out of a serious legal matter they were able to take on the case for less than 1/2 of what the other attorney was charging me. Become a member of their Club it's like a hundred forty bucks a year and you get all the free legal advice you want. What a cheap insurance policy. I am so glad that I have them on my side.

Leveraged Buyouts: Buy a Business With No Money Down

October 15, 2018 Spiegel & Utrera, P.A.

Leveraged Buyout: Buy a business with no down-payment

Folks buy houses and even apartment buildings with no money down all the time, so why not buy a business with nothing down? A leveraged buyout allows you to buy a business with no down payment. Just think of the advantages of the leveraged buyout:

You receive an existing customer base.
You receive a business with immediate sales and steady cash flow.
Your staff is hired and in place.
Your new business will already have its company policies and procedures established.
Your new business may have trademarks, copyrights and other intellectual property.
The existing assets of the business will be used by you to borrow funds and complete the purchase of the business.
Interest payments on the funds borrowed by the business to complete the purchase will be tax deductible.

Leveraged Buyout Lawyer

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Call (800) 603-3900 if you have any questions or for a free attorney consultation.

At Spiegel & Utrera, P.A., our attorneys can help you with the initial steps of your leveraged buyout. We have an opportunity called the Leveraged Buyout Collection and this consists of:

A long-term loan and debenture purchase agreement to provide working capital;
A security agreement to allow greater lender confidence through collateralization of the debtor corporation’s assets;
A senior subordinated note indenture for additional financing;
An asset purchase agreement for sales of the acquired corporation’s inventory, accounts receivable, intellectual property and other assets;
A stock purchase agreement for the purchase of shares of the acquirer.

If you are only beginning to consider the Leveraged Buyout as a business opportunity, your option may very well be to retain an attorney at Spiegel & Utrera, P.A. to help you identify a business which you can purchase using the Leveraged Buyout Collection. Lawyers at Spiegel & Utrera, P.A. are always willing to assist you. Simply click here and send us an email requesting assistance.

Check out our video on using the leveraged buyout to buy a business or real estate!

Client Testimonial: Roger Davis

★★★★★

My attorney for 30 years. They really do more than just set up corporations. I needed somebody to help me out of a serious legal matter they were able to take on the case for less than 1/2 of what the other attorney was charging me. Become a member of their Club it's like a hundred forty bucks a year and you get all the free legal advice you want. What a cheap insurance policy. I am so glad that I have them on my side.