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                           Philip L. Chapman, Esq.
Electronic Survey FORM
 

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To find out whether or not you are in a ready position for lenders, investors and eventually a buyer, fill in your answers to the following questions and Press the SUBMIT Button at the bottom of the Survey.

Please complete all fields and answer all questions.

First Name:    Last Name:
Company:   
Position or Title: 
Address  City:     State:    Zip:
Phone:
Fax:     
Email: 

1. Form of financial statement:

Your business uses the following type of financial statement

2. Services provided by your accountant:

One of the following accurately reflects the way in which your business uses an outside accountant

           a. Only at the end of the year to place accountant's name on a compilation
               or review statement

           b. Only at the end of the year for a year-end audit
           c. During the year for pro-active business and tax advice

3. Non-Compete Agreements From Employees:

Do you have agreements with your key employees prohibiting them from leaving with your customers prospects and confidential information?   YES   NO

4. Sale Representation Agreements:

If an important part of your sales is through independent sales representatives, do you have written agreements with them?  YES   NO

5. Your Business Facility if you own it:

           a. Ownership is in your operating company?         YES NO
           b. Ownership is in a separate real estate entity?    YES NO

6. If You Lease Your Business Facility [only answer this question if you
             answered NO to 5a AND 5b]

         a. Does the Landlord have the right to prevent the Tenant from assigning the
             Lease or subletting?  YES
NO   UNSURE

         b. If the Landlord defaults on a present or future mortgage, does the Lease
             have a provision (a "Non-Disturbance Agreement") preventing the Mortgagee
             from terminating the Lease? YES
NO
  UNSURE

         c. Do you have enough time left in the current term plus renewal terms to assure
             that your company could not be forced to move in the
             foreseeable future?  YES   NO

         d. Does the Lease provide for the Landlord to subordinate to bank financing the
             Landlord's statutory lien for unpaid rent?    YES     NO
 UNSURE

7. Environmental Compliance of Your Facility:

Whether you own or lease, have you investigated the property for the presence of asbestos, PCBs, underground tanks and other environmental hazards?  YES  NO

8. Franchises, Distributorships, and Licenses: If an important part of your business  is a franchise, a distributorship or a license:

       (a) is the key agreement in writing?    YES  NO

       (b) if the answer is "yes", does the agreement accurate reflect the current
            working arrangements ?    YES   NO

       (c) if the answer is yes, does the agreement adequately protect you against
           unfair termination or unfair changes in the terms of dealing, non-renewal
           or unfair conditions on selling your business ?     YES  NO
UNSURE

 9. Your Business Insurance:

Within the last few years have you had a thorough professional review of your
public liability, casualty and other liability insurance coverage,  your premium
costs and the financial health of the insurance companies?   YES   NO

10. Sales, Use and Income Taxes:

Have you recently reviewed your operations with your accountant to determine your company's liability for sales, use or income taxes in other states?     YES   NO

11. Qualification as a Foreign Corporation:

Have you recently reviewed your operations with your attorney to determine whether your company must qualify as a foreign corporation in other states?  YES   NO

12. Employment Practices; as to compliance with State and Federal laws relating to hiring and firing and other employment practices, including: (1) discrimination as to race, sex,  age or disability and (2) sexual harassment:

      (a) Do you have an in-house Human Resource person charged with responsibility
           in this area?  YES   NO

      (b) Have you consulted with, and do you have a "hot line" connection to an
           attorney  or consultant  concentrating in this area?    YES    NO

13. Patents, Copyrights, Trademarks and Trade Names: If a patent, copyright,  trademark or trade name is an important asset of the business:

       (a) have you taken the necessary protective measures to protect your
            rights with the  aid of a competent intellectual property
            attorney?   YES
  NO

       (b) if you used an intellectual property attorney initially to protect
             your rights, do you continue to have contact with
             that attorney?      YES
   NO

14. "Buy-Sell" Agreements; if you are not the sole owner of your business:

       (a) do you have a "buy-sell" agreement with the other co-owners
             dealing with the events of death or disability?     YES
  NO

       (b) if the answer is "yes" and that agreement is more than a few years
            old have  you reviewed it recently with your attorney and
            accountant?   YES
  NO

If you are interested in having my view of your grade on the questionnaire, with or without your company's name let me know and I will e-mail my reply:

The grades will be: A=You are "ready" for lenders or investors

                                B=You are in pretty good shape, but there are important areas
                                    that need attention

                                C=You need to pay attention now to several important areas

                                D=Put off going to the bank or to investors until you straighten
                                    matters out with the aid of a  good  accountant and a good
                                    lawyer.

  Comments:  

Please click on the SUBMIT button ONLY once.  Thank You.

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Philip L. Chapman all rights reserved.  Last Updated on: 01/19/2008 05:54 PM -0500