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Suggest You - Fifteen Areas Reviewed in a Due Diligence Study
What do Clearwater, Florida and New Ipswich, New Hampshire have in common?The undeniably attention worthy sculptor, Nina Winters.The art worlds new and important arrival has been discovered by aesthetic savants for her monumental sculptures.The internationally collected sculptor has just won a 1/4 million dollar commission in the State of Nevada. The project is for a 10 foot high sculpture titled "Exhilaration".I had the pleasure of interviewing Nina and getting personal tours through her studios.This article is the first of three in a series about recent major commissions by the sculptor.When I asked Nina to tell me about this recent commission, she said, Although this sculpture is basically minimalist, I have paid a great deal of attention to detail. The reach of the hands into the sky reflects my philosophy that man can be and do far more than what he is led to believe.The sculpture will be the centerpiece of a major new 2 billion dollar complex. The development will break ground in
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann
Consider your self VERY lucky today if you are ready this. Why? Because I am about to tell you some of the top secrets to online success that some of these rich online gurus dont want you to know about. If you are anything like me you probably bought pointless ebook after ebook trying to learn how to profit online.Well today is your lucky day. So what is it that all these big time affiliate marketers, and online gurus do to earn their money? Its all about setting up a business, and setting up a system. You cannot just have one person working one business. You can but if you want to make the six figure income you hear everyone talk about you need more then one person on your team.Thats is what all of the top online gurus do. They build a team of say four people who all chip in and create a ligament online business. Now this process doesn't happen over night, and can take some time to get going if you never started a business before. However once you do get it off the ground it will be well worth your time and ef
1. Corporate records:
The companys original articles of incorporation or articles of organization
By-Laws and minutes of any Board meetings, executive committee meetings, and
shareholder meetings
Stock issuance and transfer
The companys communication with shareholders
Press clippings and press releases
Applications for and documents authorizing the company to do business in another state
Stockholder agreements, voting, proxies, and other similar documents
The companys organization chart showing how it is structured and if there are any affiliates
2. Insurance:
All insurance policies, their coverage limits, the deductibles, renewal dates, and premiums
paid or owed
Insurance claim history
3. Government regulations and filings:
Reports and correspondence with any governmental authority
Licenses, permits, approvals, etc.
Bonds posted for licenses, permits, etc.
Records of any investigation, inquiry, or inspections by government
Government orders with which the company must comply
4. Financing:
Documents evidencing loans, secured and unsecured, and personal guarantees
Bank agreements confirming lines of credit
Documents evidencing sale, lease-back, instalment purchases, sales contracts, loan
agreements
Correspondence to and from lenders
Evidence of satisfaction or liens or debts
5. Financial information
Audited financial statements
Unaudited monthly and quarterly financial statements
Capital budgets, changes in accounting practices
Inventory summary
Aged accounts receivable and payable
List of all assets with purchase price
Correspondence with inside and outside accountants
6. Taxes:
Federal, state, and local tax returns
Any adjustments, settlements, recapture, or notices with taxing authority
FICA, FUTA, and other employee withholding
Calculations of tax basis, book basis, and depreciation of all assets
7. Customer information
Customer agreements
List of 10 largest customers and list of sales to each
Government or quasi-government customers
Catalogs, product literature, advertising, and price lists
8.
Agreements concerning distribution of stock, stock options, preemptive rights, and stock
option plans
Agreements or contracts concerning capital expenditures
Licenses, agreements, franchises, joint venture or partnership agreements
Interconnection agreements, leases, any document limiting the companys line of business,
and non-compete agreements
Agreements entered into in the normal course of business and agreements not in the
normal course of business
Agrements to pay of indemnify the debts or liabilities of third parties
Documents regarding acquisition or disposition of businesses or assets
Agreements or contracts with directors, officers, stockholders, or affiliate or relatives of
such parties
Sample purchase orders and distribution agreements
Copies of documents evidencing the companys or stockholders interest in any entity in the
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann
Having the correct attitude may almost seem like a trivial thing among all of the daily tasks that need to be accomplished with running any sort of business. Although, having the correct attitude will determine which direction your business will continue to grow, and ultimately the success of your business.While there may be a long list of items that lead to the demise of a newly started business, one of the top things to focus on should be ones attitude. Having the correct attitude is one of the single most important things to establish when creating and maintaining a business.What exactly is your attitude? While many people may give a different answer as to what makes up an attitude, an attitude can be summed up in a few short terms when related to business. What exactly do you want from your business, and what are you willing to do, to establish and continue the direction of a successful business.Attitude is your thought process behind something. Attitude is the feeling you have toward a goal you want to ac
Government orders with which the company must comply
4. Financing:
Documents evidencing loans, secured and unsecured, and personal guarantees
Bank agreements confirming lines of credit
Documents evidencing sale, lease-back, instalment purchases, sales contracts, loan
agreements
Correspondence to and from lenders
Evidence of satisfaction or liens or debts
5. Financial information
Audited financial statements
Unaudited monthly and quarterly financial statements
Capital budgets, changes in accounting practices
Inventory summary
Aged accounts receivable and payable
List of all assets with purchase price
Correspondence with inside and outside accountants
6. Taxes:
Federal, state, and local tax returns
Any adjustments, settlements, recapture, or notices with taxing authority
FICA, FUTA, and other employee withholding
Calculations of tax basis, book basis, and depreciation of all assets
7. Customer information
Customer agreements
List of 10 largest customers and list of sales to each
Government or quasi-government customers
Catalogs, product literature, advertising, and price lists
8.
Agreements concerning distribution of stock, stock options, preemptive rights, and stock
option plans
Agreements or contracts concerning capital expenditures
Licenses, agreements, franchises, joint venture or partnership agreements
Interconnection agreements, leases, any document limiting the companys line of business,
and non-compete agreements
Agreements entered into in the normal course of business and agreements not in the
normal course of business
Agrements to pay of indemnify the debts or liabilities of third parties
Documents regarding acquisition or disposition of businesses or assets
Agreements or contracts with directors, officers, stockholders, or affiliate or relatives of
such parties
Sample purchase orders and distribution agreements
Copies of documents evidencing the companys or stockholders interest in any entity in the
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann
It was C.D. Jackson, Publisher of Life Magazine who once said Great ideas need landing gear as well as wings. The sad truth is that most people plan trips and vacations better than they plan their business ventures. It seldom occurs to them that a business plan can helptremendously. Consider the different audiences who may read your business plan as your great idea takes off. Bankers are primarily concerned about having their loans repaid. While they will say that they are interested in a companys long-term prospects because they want to establish long-term relationships, bankers want to be assured of a companys ability to keep up a loan repayment schedule. Margins on business loans are so low that banks cant afford to have too many go sour. Therefore, the emphasis should be on cash flowpast, present, and future. Investors are most interested in factors that can help predict growth, because growth is essential for them to get an attractive return on their investment. These factors include the markets likely future, t
Interconnection agreements, leases, any document limiting the companys line of business,
and non-compete agreements
Agreements entered into in the normal course of business and agreements not in the
normal course of business
Agrements to pay of indemnify the debts or liabilities of third parties
Documents regarding acquisition or disposition of businesses or assets
Agreements or contracts with directors, officers, stockholders, or affiliate or relatives of
such parties
Sample purchase orders and distribution agreements
Copies of documents evidencing the companys or stockholders interest in any entity in the
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann
Employee evaluations serve an important purpose. They let both the employee and the company know how things are going. Ideally, they offer feedback, guidance and recognition; too often, though, they become just another drudgery and serve no real purpose. Here are some ways to improve the experience for both sides.For the Supervisor.1. The number one rule is that an employee must never be surprised by his or her evaluation. Good managers deliver evaluations regularly by praising areas where the employee excels and offering guidance and instruction when the employee falters. It's not fair to your staff to keep them in the dark about their work performance and then spring it on them once a year.2. Keep a written record on each employee. It doesn't have to be fancy, just a folder where you can jot down notes when Sally does something exceptional or when you have to discuss Bob's tardiness. Keep copies of any "attaboys" your staff gets, too. It's easy to forget things that happened eleven months ago and then end up
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann
No organization, even if it were interested in profitability as a prime goal, could avoid producing some kind of social benefit or avoid intending at least in some part to achieve some kind of goal, which is other than purely making money. If something else were to be required in order to start up a business enterprise in addition to defining the essence of the goal of a business as being "a business to make money," then there must be another element, which is the defining feature of the business, in addition to the profit margin. Making profits is not a goal on its own. It does not define the mission of a business. One must add in something else in order to produce a product that is needed, or to provide a service that is requested. The notion of filling some kind of social need must be taken into account, when one is starting up a business enterprise.That is the reason why business enterprises consider today the creation of social value or the fulfillment of a social need as necessary. Of course, it is understood that the
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann by phone at (602) 663-7007, by fax at (602) 324-7582, by email at joannjoy@Indigo Business Solutions.net, and by mail at 2313 East Ocotillo Rd., Phoenix, AZ 85016. Copies of any articles will be provided free of charge.
For information about other important legal, tax, and business topics, free copies of articles, or EBooks, please visit our website at u>www.IndigoBusinessSolutions.net. Copyright 2006. All rights reserved. Indigo Business Solutions is a registered trade name.
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