Philip L. Chapman, Esq.
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.
First Name: Last Name: Company: Position or Title: Address City: State: Zip: Phone: Fax: Email:
Your business uses the following type of financial statement compilation statement review statement audited statement
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
Do you have agreements with your key employees prohibiting them from leaving with your customers prospects and confidential information? YES NO
If an important part of your sales is through independent sales representatives, do you have written agreements with them? YES NO
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
Whether you own or lease, have you investigated the property for the presence of asbestos, PCBs, underground tanks and other environmental hazards? 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
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
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
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
(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
(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
(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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