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Career Article 112:
Feeling Entrepreneurial?

By Peter Dowling, JD, CPRW, ARM, CPCU

Jan had lunch with Margo for the first time since Margo left the firm to work freelance. Now Jan is considering making the move to freelance. Before she does she wants to know what to expect and how to prepare.

What are the principle differences between working for yourself and for an employer?

Here is some of what you can expect 'on your own.'

  • Potential for higher earnings
  • Make your own hours
  • Make decisions about the direction of your company and your career
  • More responsibility
  • Potential for favorable tax benefits
  • No unemployment insurance or worker's compensation, as an independent
  • Income may be erratic or difficult to collect
  • Cost of doing business may be more than you anticipate
  • If you're working at home it may be a challenge to define your work hours and manage interruptions and distractions

Initial Steps -- Before You Decide to Quit Your Day Job

  1. Create a business plan.
    How will you do business? How will you attract clients? How much will you charge for your services or product? Who are your vendors? How long will it take to establish yourself? How long before you break even?
     
  2. Construct a practical budget.
    Do you have the necessary funds to get your business started and to keep it running through your break-even point? Are you prepared to seek outside funds in the form of a loan or investment? How long can you survive without an income?
     
  3. Will you set up office in your home initially, or rent space?
    Working at home can save money. You may qualify for tax deductions. However, will it harm your professional image, and is your home space appropriate for your business?
     
  4. Select the legal form for your business. (Corporation, Limited Liability Company, etc.)
    This decision is crucial as it may affect your tax liability and method, your Social Security tax responsibilities, your privacy, and your personal liability for debts.

If you decide you want to follow your dream, here are tasks to accomplish in the early days of your new company.

  1. Establish an accounting process, and pick a year end date.
    One approach is to purchase a desktop accounting software package. Another option is to hire or contract an accountant.
     
  2. Select your company name.
    This involves verifying that the name is available, and registering it in your state. If you would like a Web presence, check if your desired domain name is available through a service such as Network Solutions. If you plan to protect your name and/or logo with a trademark, you can check the ability to use your desired name by visiting uspto.gov.
     
  3. Obtain the necessary business licenses and permits.
    This will vary by your location and type of business.
     
  4. Obtain an Employer Identification Number from the Internal Revenue Service.
     
  5. Set up a Dun and Bradstreet DUNS number by visiting dnb.com.
     
  6. Discuss your business plan with your insurance agent.
    Together, determine your needs for business insurance.
     
  7. Loans, if you need them.
    Don't assume that you can easily get a loan. Take time and discuss your options with a professional financial advisor or your banker.
     
    A. Personal Loans
    Banks, credit unions and life insurance policies are avenues to explore when seeking a loan. Be prepared to have your credit history scrutinized and in many cases you'll need collateral or a sponsor.
     
    B. Business Loans
    There are three types of business loans that you may qualify for. Have all of your documents ready, including your business plan and pro forma, and speak to your banker about all available options.
     
    If you have steady accounts receivable (AR) that are not delinquent, you may seek a loan secured by your AR. You also may seek a loan to be secured by your inventory or equipment.
     
    If your business holds real estate, you could apply for a loan secured with real estate.
     
    If none of the above is right for you, visit the Small Business Administration at sbaonline.org.
     
  8. Is venture capital for your business?
    Venture capital firms (VC) are an option if you are planning a high and rapid growth business in which your investors have potential to make five to ten times their initial investment. VCs usually invest between $250,000 to $2,000,000 in a company. In return they take considerable ownership of the company. They generally make their decision on the strength of the management team and the viability of the business model in the current market.
     
    If your company does not fit this profile, that is OK. It may be better to spend your time seeking funds in other ways.
     
    If you are interested in venture capital or recruiting angel investors, visit garage.com. You'll find some great resources online, and in addition, they conduct a seminars several times a year called Boot Camp for Start Ups.
     
    The book, "Financing the New Venture" by Mark Long is a good primer if you're new to raising funds.
     
  9. Select a bank and establish banking accounts.
     
  10. If you have decided to incorporate,
    you may need to set up an Operating Agreement, create Bylaws, establish a Board of Directors, distribute share or unit certificates, and many other tasks related to the establishment of a corporation. Your legal advisor can help you determine what you need to do.
     
  11. Create templates
    for vendor contracts, client contracts and other legal documents such as a Non Disclosure Agreement or Transfer of Rights.
     
  12. Set up accounts
    with a printer, office supply vendor, and other special vendors your business requires. If you're on a tight budget, you may want to check out vistaprint.com for their low cost and free business card offers.
     
  13. A lawyer would be helpful in the following areas:
    • Establishment of your business
    • Client and vendor contracts
    • Partnership agreements and negotiations
    • Corporate set-up, if so desired
    • Leases
    • Employment and labor issues
    • Trademarks, copyrights and patent issues
    • Tax planning

    How to Select a Lawyer:

    • Contact your local Chamber of Commerce or professional associations for a referral
    • Check out lawyer candidates at MartindaleHubbell.com
    • Check status of your lawyer candidate with the local chapter of the American Bar Association, or the national office at (312) 988-5522.
     
  14. An accounting professional would be valuable in the following ways:
    • Understanding of the consequences and benefits of each business form (i.e., C Corp, S Corp, LLC, etc.)
    • Set up of an accounting system and procedure
    • Tax planning
    • Preparation of tax documents
    • Payroll issues
    • IRS audits

We've listed some of the tasks you may address when you decide to work as an independent contract, or form your own business. We urge you to find professional advisors to guide you through this new territory successfully.

One of the great things about starting your business is that there are many resources and organizations available. Here are just a few:

BizStartUps.com
FoundersCamp.com
Office.com
OnlineWBC.org (Women's Business Center)
MiniPlan.com
Nawbo.org (National Assoc. of Women Business Owners)
Score.org (Service Corp of Retired Executives)

"Checklist for Going Into Business"
US Small Business Administration
SBA Publications
PO Box 30
Denver, CO 80201
Ph: (800) 827-5722
Cost: $1.00

Whether you work for an employer, or decide to venture out on your own, there are challenges. Before you make a decision, learn as much as you can. Talk to people in various roles and once you choose, give it your all!

 
Copyright © 2000-08 Tamara Dowling