Business TBC

What’s so important about how I sign my name?”

I get asked that question all of the time from my business consulting clients.

I tell them that a better question to ask me is this:

“Who cares about how I sign my name?”

The answer is a simple one.

NOBODY.

FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).

As in many areas of the law, the exception to the rule swallows up the rule!

What do I mean by this?

Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.

In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.

FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.

You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.

You MUST avoid signing your name in your individual capacity.

And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.

In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.

SIGN AS AN AGENT OF YOUR BUSINESS

If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.

For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in

EXAMPLE 1 below:

EXAMPLE 1

(signature)
————————
John Doe

“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”

EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.

And not as an agent on behalf of your business.

If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.

And you likely don’t want to do this!

Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.

If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.

Remember then:

Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.

“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?

What simple step can I take to protect my business, and my personal assets as well?

SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS

Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.

How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?

Follow EXAMPLE 2 below:

EXAMPLE 2

ABC CORPORATION, INC.

(signature)
———————————–
BY: John Doe
President (Company Title)

If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.

But you MUST follow the Example 2 precisely.

CAVEAT: Another very important point on this topic.

AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.

A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.

How?

Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.

But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?

If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.

Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.

It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).

How else can I make sure that I am signing my name properly to all of my business documents?

Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.

Now, let’s review.

What’s in a name?

Well… besides your business…

…it could be all of YOUR personal and family assets!

The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.

Copyright (c) 2008. Miguel Mendez, Jr. All rights reserved.

No matter what the size of business and all the elements it deals in are, it is never quite easy to take care of all the aspects of a business. There can be challenges of all sizes that keep on bothering the business owner. There are several different impediments that keep on appearing in front of the business owner as potential troubles. Usually a successful business owner stands out among the rest because he usually takes care of all sorts of business innovation procedures that he might need to follow for the perfect solution to the problems arising at the time of running his business.

There are a few particular ideas pushing the business forward for a very steady and steep growth that ensure ultimate success to the owner. There are a number of different ideas for noticing a perfect growth of the business. The success can is materialized by people of very efficient and innovative brains. A fast and effective problem solution to a business problem is essential for a small business as there is no room for failure.

In most of the cases, small business require completing all required business processes within a stipulated short time with a very tight available budget. The promotion and marketing processes are two very big problems which a business with very limited resource often focuses on. Both the print and electronic media are quite expensive aspects for any sort of marketing process. Internet is indeed a very effective option for any business process. Internet is definitely an effective process for reaching out to a targeted group of audience for the business process. There can be numerous opportunities that are used as the best online advertising procedures. The business owner might need to select one business that suites that particular business process. Any good business innovation center in Canada can assure you of effective solutions that work well for any kind of business.

There are a number of different small businesses that engage many employees for completing their tasks. It is useless having too many employees recruited to the company for doing certain kinds of jobs if their efficiency level is not up to the mark. So, work cannot be done effectively within a very short period of time. Having too many inefficient people n board can be very detrimental to the business system.

It is always quite important employing the most trustworthy and quite efficient employees for making sure that money spent in the process of offering salary to all the employees can be valued perfectly. That is why, any business owner or the managing group of the business require becoming extra careful for the process of recruiting all employees of the organization. The process might seem to be too difficult, which can only be resolved by a business innovation centre in Canada that can help in planning for the recruitment process of the eligible candidates. The growth of the business always depends on the right decisions made regarding this.

Rickey is associated with the business Process Logix for many years now. He is a passionate writer too. His articles focus on the work process of internal Auditor Training in Canada

Bad/good decisions making
This is the most common reason why business fail as just one bad decision can be a reason for you business failure or success. Decision making is one of the most wanted skills in business and you can learn how to make good business decisions. There are many books written on this topic if you want to improve your decision making skills. Tips on decision making: when making decision do not rush, take some time with every decision and try to analyze advantages and disadvantages of your decision. In beginning this process will take more time but wit a little exercise you will become better.

2) Lack of business experience
You can be the best tradesman in your trade but if you lack some basic business skills you basically have two options: improve your business skills or find some employment. Being in business requires you to have great communication skills, selling skills, some accounting skills, some understanding in general laws and to be passionate about your product or service. This can be learned and the best advice here is to find a good accountant and create a long term relationship with him/her.

3) Compliance and legal issues
If you are running your business without any records you are not compliant and it is just a matter of time until your business will be forced to close. Even worse case could be that you are in some kind of illegal business activity or scheme. Be very careful with some offshore schemes and investing in tax havens as this may be illegal.

4) Bad cash management
Even if you are ticking all the boxes in your business and your business is growing you have to monitor your cash flow daily and use some cash flow tools and have proper cash budget. Remember profit is not the same as cash. Your business may be profitable but without cash you will be forced to borrow or to close down.

6) Competition and market
Always keep your eye on your competition and compare prices. If your competition is selling the same kind of product or service for half the price you do not have any other options than to match them. If you competition is improving their product or service you have to do the same. Not monitoring your market and competitors or not knowing who they are can be fatal. More unique your product/service is less competition you will have.

7) Risk controls
You should know what your biggest risks are and how to prevent them happening. Usually some kind of insurance must be in place. So e.g. the biggest risk for a farmer may be a drought so measures taken may be to ensure there is enough water in the drought season and the crops are insured against loss.

8) No controls or records
Nor having records also means that the business owner does not have any controls on his/her business as it is impossible to make a good business decisions which also bring us to the most common reason for business failure bad decision making.

9) X-factor
It is impossible to predict all the situations possible and sometime we have to expect some unexpected events such as e.g. malfunction of equipment, natural disasters or maybe alien attack!? Therefore it is a must to have some reserves and cash savings in such moments in order to continue business operations as usual.

10) Lack of trade knowledge
Market is dynamic and you should follow and be ready to learn new skills. More skills you have more competitive advantage you have over your competition.

11) Attitude to succeed
Believe in yourself and your products and services and you will succeed. If you expect success you will succeeds or if you think that you are not good enough in what you do your failure is guaranteed.

12) View for a profit
Business is an activity with a view to a profit so if you do not like or want profits than do not have business but a hobby. If you make good profits you will be able to help others in need.

13) Outdated product/service
Example: If you are in business of selling DVDs you should start thinking about switching to Blue Rays as DVDs will be outdated in only few years.

14) Change in laws and policies
Sometimes changes in government policies can cause some businesses to close such as e.g. in Australia government has prohibited use of pop up sprinklers for lawns. Also another example can be that some professions will have to have licenses or additional training.

15) No vision
Your business vision should be formulated and written on paper. Your vision should be clear and without any doubts. If your business has two or three completely different activities this is an obvious example of lack of vision.

16) No succession planning
What happens when a business owner decides to retire or wants to sell his/her business? In order to ensure business succession you should engage professional accountant, financial planner or lawyer for expert help.

17) Fraud
Fraud can be a cause of business failure if not detected on time and if no safeguards were implemented in the business. Assets, business records, procedures, passwords should be safeguarded by implementing relevant policies and procedures. If you engage auditors to audit your financial statements they will detect possible risks and any fraud.

Body:
Negotiation is a process that can be treated as both an art as well as science. As one uses various skills such as language, non verbal communication, behavioral models, negotiation may be said to be an art. At the same time when someone uses negotiation tactics, methods, policy to create credibility, then negotiation looks more like a science. In the expanding world of B2B or business to business, negotiation plays an effective role. Even at higher levels we see some countries engaged in various negotiations to enhance business relationships with each other.

-Why active and perfect negotiation is necessary in B2B (Business to Business) or Global Sourcing?

Negotiation is a key term in the business world including import and export trade. The most successful business groups involved in import and export industry or global sourcing are always conscious about the negotiating process. Most companies prepare their negotiators by conducting training and several negotiating workshops. The skills and tactics both are necessary to win in a negotiating process in import and export industry. Negotiation is not only a matter of selling the products or schemes of a company in B2B, but has a wider meaning and perspective. The corporate companies interested in business to business always come into contact with each other and other companies. Negotiations in global sourcing form part and parcel of joint ventures, collaborations or any other collective action. Thus, companies appoint efficient persons to the posts of negotiator as negotiator is the first impression of the company. In real estate and insurance sector, negotiation is the main way of expanding import and export of goods and services via B2B (business to business) in global sourcing.

Business negotiation originates from various theoretical and methodological backgrounds. Negotiators sometimes use some professional privacy in the negotiating process B2B or business to business as a part of global sourcing.

-Tips for B2B or Business to Business Negotiators

If you want sell something to your customer, first tell him clearly about the quality of the product and its longevity.

Show interest in your customers’ choice. Do not try to drive away customer’s attention from his choice.

If you want to sell schemes of your company, describe all the rules and terms. Do not break the business ethics.

Use simple language and other communication techniques to convince the customer.

Do not be arrogant in your behavior.

While you negotiate with a person from another country, culture, be responsive to their communication behavior.

-Enhancing B2B (Business to Business) Negotiation Skills

One can enhance B2B or business to business negotiation skills by pursuing a course or by attending seminars provided by the negotiation institutes. One can even take help of the negotiation consultants to increase management and negotiation skills. Online training courses are also accessible and prove helpful in import and export industry and global sourcing process as well.

Take a leap forward in China and head toward the market instead of its mighty walls what today’s offshore import and export China business enthusiasts do. Follow the footsteps of leaders to discover the enormous business opportunities lies in China’s import and export industry. Already small and mid sized import and export companies from various parts of the world are keen on venturing China business and global sourcing. Numerous legendary companies of US like United Technologies, GE, Motorola, DuPont etc., have established deep penetration in China market. As per an estimation taken in 1992, 3,100 small and medium scale import and export companies have landed in China and later the number rose to more than 20,000. From manufacturing to exporting and servicing, China business opportunities are burgeoning and attracting all size of import and export businesses from the rest of the world. Over the last decade, number of US import and export companies taken up China business has raised at an astronomical rate more than five times faster than other parts of the world.

-Scope of China Business Broad Market Range and Manufacturing Potential

Attractive China business opportunities are growing and the growth is spanning through diverse industries. The growth is already evident in a series of industries, like medical, construction, energy exporting China business, telecommunications, agribusiness, machine tools, security and recreational products and service market, infrastructure etc. These are just to name a few of the vast import and export market where overseas China business owners are venturing in.

-China Business Partnership of Us Companies

China and Hong Kong together has become the third largest export partner of USA Canada and Mexico have taken the first and second position. China continues encouraging US based import and export companies to venture and fortify greater business partnership. To generate further enthusiasm amongst more US business owners, Hu Jintao, the president of China, sent two hundred Chinese executives for a buying tour to US. US companies’ trade offices being located in China and fostered by China speak how US companies are deepening their penetration in China business and import and export industry.

-Haven for Import and Export Companies and Investors

Besides immense potential found in import and export China business, China has become the heaven for overseas investors. USA companies alone have invested over three billion dollars annually, making China the third largest investing area in the world. China is yielding sumptuous returns on investment, also profits at an expected ratio to the overseas investors. US companies are reaping myriad benefits by investing in manufacturing China business. The list of benefits includes competitive labour resources in China, incentives on investment and extensive local markets of China.

-Investment in Locally Manufactured and Imported Products in China

China now allows foreign firms to invest in China’s locally manufactured products as well as to support in products brought through global sourcing. Small and medium sized companies can secure huge benefits for trading different types of China business ventures in locally manufactured products, imported goods and import and export of both locally manufactured and goods accessed through global sourcing in China.