SMART BUSINESS

Archive for July, 2010

A kit-based approach to selling epoxy floor coatings is now being used to target both industrial and home users. These all-in-one kits have been developed with the recognition that people want to buy solutions not products. This outcome-based concept ensures that all of the goals for the floor are met and that all of the required tools are available during the installation. To compensate for lack of training and for the inevitable unexpected questions and problems, a complimentary 24/7 help line is provided along with the kit so applicators can be assured of staying on track.

The process of obtaining a custom-built kit starts with filling out a web-based, free cost analysis form. The floor’s condition, the owner’s preferences, and the desired outcome are factored in by an automated computer system. From that point, field technicians prepare a recommended kit of materials and step-by-step instructions tailored to take the project from beginning to end.

This “kit” approach stands in contrast to the alternative of shopping at local retail stores for supplies which, if they can be found, often don’t match the needs of the project. When a handle for a roller frame is needed, should it be 4 ft., 5 ft., or 6 ft. in length? Should it have a metal or wood thread? Should it have a 1-inch diameter or 1-¼ inch diameter? If a 60-grit sanding screen for a 17-inch rotary scrubber is required, where can it be purchased? The custom kit concept allows the decades of professional experience of the supplier to be applied to the project so that every tool is precisely matched to getting each specific task completed efficiently and painlessly. Experts replace the untrained and inexperienced store clerks.

By marketing “kits,” floor coating suppliers are helping fuel the trend of moving away from bare concrete and wood surfaces toward lower cost, lower maintenance, and healthier floor finishes. Biohazards, mildew, dust mites, spoors, and other contaminants are a serious concern to industry and homeowners alike. In this new millennium, warehouses, food processors, manufacturing facilities, even garages, and basements are being sealed with hard surfaces using industry-proven materials and techniques adopted in the past decade.

Chemically resistant, these seamless floors are made of epoxy and urethane, finishes that flow on and then, by changing their chemistry, become resistant to dirt and stains. Flow-coated surfaces are impervious to water and are often used inside liquid storage tanks, swimming pools, and feed troughs. Unlike tile, these surfaces have no grout to clean and are not glued down with latex- or petroleum-based adhesives. Flow-coated surfaces are great adhesives in themselves. With good preparation, flow-coated surfaces are applied permanently, refinished easily, and require little or no maintenance.

For photo examples and more detail, visit www.concrete-floor-coatings.comFor more information, contact Harvey Chichester at harvey@concrete-floor-coatings.com Phone: 800-466-8910 or 952-888-1488 (24/7)

Every business loan is a risk for both the lender and the borrower. A promising business gives you the best chances of having your business loan request granted.

Lenders will usually look at your gross annual sales and revenues, credit score, checking account balances, profitability, and length of time you’ve been in business. For newbies in the business world, expect to be asked intensively about your business plans.

Your history with credit card services is a main factor for lenders. Credit information they usually look for are personal credit card debt, personal loans, liquid assets, real estate holdings, tax returns, and personal financial statements. Your personal spending habits will also be an issue, including how you use credit card services and instalment debt. If you have a good track record of all of these, then you won’t have any problems with getting you business loan approved. But what if you have bad credit history? What alternatives do you have?

The answer is getting a business cash advance in place of a small business loan.

A business cash advance is the alterative option for business owners who need emergency funding. It is ideal for business owners subscribed to credit card services and/or charge cards. Monthly payment this type of business loan is done through batched credit card sales.

Approval for this type of small business loan takes a shorter amount of time and bad credit scores won’t be too much of an issue. The processing time for cash advance application is from 24 tp72 hours only. Some cash advance lenders can lend as much as $2500 to $300,000, depending on their evaluation.

Cash advance as a small business loan is very likely to get approved as long as you pass the basic requirements for the advance. First, you’re business should have been operational for at least a year. Your company should also at least have profits of $4000 in credit card processes per month.

The difference between a business cash advance and the usual small business loan are:

(1) A business cash advance does not require a detailed financial statement. Conventional business loans require 2-3 years worth of financial statements.

(2) Audited tax returns are not required for cash advances. Business loans from banks do.

(3) You only need to provide a guarantee against fraud or intervention.

(4) Application fees are not always required for this alternative business loan.

(5)No need for high credit scores. You only need to be subscribed to credit card services.

(6) Your collateral does not have to be all of your business assets.

(7) You can opt for a flexible monthly payment.

Cash advance as a business loan allows you to do almost anything for your business. You can pay taxes or debts, buy supplies, pay your employees, make repairs or remodelling, inventory, make new marketing and promotion materials, and expand your business establishment.

The idea behind cash advance repayment is not like the payment process for a small business loan. Repayment is made by automatically debiting an agreed percentage of your credit card sales every time you batch. There are no fixed payment schedules. You will only be able to pay when you’re customers pay.

Cash advance as a small business loan is very ideal for restaurant owners, retailers, medical clinics, and other new industries. Staying afloat for small business is harder, especially with the recession, and a cash advance is a quick solution for those emergency financial situations. After all, maintaining continuous cash flow for young establishments is difficult. With cash advance as an alternative business loan, you can get cash sooner and pay your loan easier.

Every business loan is a risk for both the lender and the borrower. A promising business gives you the best chances of having your business loan request granted. Lenders will usually look at your gross annual sales and revenues, credit score, checking account balances, profitability, and length of time you’ve been in business. For newbies in the business world, expect to be asked intensively about your business plans. Your history with credit card services is a main factor for lenders. Credit information they usually look for are personal credit card debt, personal loans, liquid assets, real estate holdings, tax returns, and personal financial statements. Your personal spending habits will also be an issue, including how you use credit card services and instalment debt. If you have a good track record of all of these, then you won’t have any problems with getting you business loan approved. But what if you have bad credit history? What alternatives do you have? The answer is getting a business cash advance in place of a small business loan. A business cash advance is the alterative option for business owners who need emergency funding. It is ideal for business owners subscribed to credit card services and/or charge cards. Monthly payment this type of business loan is done through batched credit card sales. Approval for this type of small business loan takes a shorter amount of time and bad credit scores won’t be too much of an issue. The processing time for cash advance application is from 24 tp72 hours only. Some cash advance lenders can lend as much as $2500 to $300,000, depending on their evaluation. Cash advance as a small business loan is very likely to get approved as long as you pass the basic requirements for the advance. First, you’re business should have been operational for at least a year. Your company should also at least have profits of $4000 in credit card processes per month. The difference between a business cash advance and the usual small business loan are: (1) A business cash advance does not require a detailed financial statement. Conventional business loans require 2-3 years worth of financial statements. (2) Audited tax returns are not required for cash advances. Business loans from banks do. (3) You only need to provide a guarantee against fraud or intervention. (4) Application fees are not always required for this alternative business loan. (5)No need for high credit scores. You only need to be subscribed to credit card services. (6) Your collateral does not have to be all of your business assets. (7) You can opt for a flexible monthly payment. Cash advance as a business loan allows you to do almost anything for your business. You can pay taxes or debts, buy supplies, pay your employees, make repairs or remodelling, inventory, make new marketing and promotion materials, and expand your business establishment. The idea behind cash advance repayment is not like the payment process for a small business loan. Repayment is made by automatically debiting an agreed percentage of your credit card sales every time you batch. There are no fixed payment schedules. You will only be able to pay when you’re customers pay. Cash advance as a small business loan is very ideal for restaurant owners, retailers, medical clinics, and other new industries. Staying afloat for small business is harder, especially with the recession, and a cash advance is a quick solution for those emergency financial situations. After all, maintaining continuous cash flow for young establishments is difficult. With cash advance as an alternative business loan, you can get cash sooner and pay your loan easier.

Franchise Disclosure Documents (FDD) under the FTC’s new Franchise Rule continue to be a good concept in theory. Unfortunately, reality plays a more important role and reveals an entirely different picture.

Here are some of my observations, based on twenty-eight plus years of experience in the franchise industry as a franchise attorney, franchise expert and former franchise owner. During this time, I’ve drafted, reviewed and negotiated over 500 Franchise Disclosure Documents.

Franchise Disclosure Goals

Franchise Disclosure Documents or FDD (formerly known as Uniform Franchise Offering Circulars) are a document containing twenty-three chapters of information. These disclosures are intended to give prospective franchise buyers enough pre-sale information so an intelligent franchise investment decision can be made before long-term contracts are signed, money changes hands and sizeable financial commitments are made. In most cases, a franchise investment has long-term financial consequences. It means putting everything on the line – savings, retirement accounts, home equity, etc. With all this at stake, it’s easy to see why the disclosures in the FDD are so important.

Aura Of Credibility

Attached as exhibits to the FDD are the franchise company’s audited financial statements, franchise agreement, and a list of operating (and departed) franchise owners. If the company elects to make a franchise “Earnings Claim,” that information will be set forth either in Item 19 or attached as another exhibit. The entire document is quite lengthy and can exceed several hundred pages. In certain states (known as franchise registration states like California, New York, Illinois, etc.) the FDD makes reference to being registered with the state. All these formalities creates an aura of credibility. Many franchise buyers assume a regulatory agency has reviewed and approved the franchise offering. Unscrupulous franchise companies engage in blatant misrepresentation, referring to their franchise registration with a state as that state’s “stamp of approval.” Nothing could be further from the truth.

Franchise Registration Realities

First of all, registration of a company’s Franchise Disclosure Document only means they’ve paid a registration fee to a governmental agency and submitted their document. There are no standards a franchise company must meet before it can sell franchises, such as business experience, financial stability, operating a successful prototype for a certain period of time before franchising, etc.

Business Experience And Financial Stability?

You and I could have no experience in a business concept, and never operated a prototype. All we have is an idea to franchise, letting other people (franchise buyers) risk their savings, homes, etc. to see if our idea pans out in the marketplace. All we need to do to franchise is put together a Franchise Disclosure Document, and capitalize our new franchise corporation or LLC. Let’s say we don’t want to risk anything ourselves, so we decide to capitalize our new franchise corporation with only $1. After producing an audited financial statement (showing $1 cash and stock issued for $1), and including this financial in our Franchise Disclosure Document, we’d be able to sell franchises with impunity and collect our $50,000 franchise fee every time we sell a franchise.

Franchise Registration States

Of course, in the U.S. there are about 14 franchise registration states where we’d have to pay a registration fee and file the document with the appropriate state agency. But that’s just a rubber stamp and no registration state will refuse to register our franchise offering. Because we’re “thinly capitalized” these states may require an escrow condition where we don’t receive the franchise fee until the franchisee opens for business. Or these registration states may just say we can’t accept payment of the franchise fee until the franchisee opens, and require a simple amendment to our franchise agreement to reflect this condition. That’s the trend here in California and the bottom line is we’d get “registered.”

Even franchise examiners (who are usually attorneys) in registration states issue registration renewal orders to franchise companies who have been operating a couple years and whose audited financial statements say (in an brief footnote): “Since its inception, the franchise company has incurred a net loss of $X million. These and other factors indicate substantial doubt the Company will be able to continue as a going concern.” Translation: the auditors are saying the company’s ready to go broke. Result: Not to worry, the franchise examiners issue renewal orders allowing them to sell franchises to unsuspecting buyers. It’s not right, in fact it’s outrageous, yet it happens.

Franchise Non-Registration States; FTC To The Rescue?

In the balance of the non-registration states (36) we’d be able to sell franchises with impunity and no regulatory oversight. Of course, there’s the Federal Trade Commission’s FTC Franchise Rule that applies in all states. But this only requires producing a franchise disclosure document – FDD. There’s no registration process with the FTC and they rarely get involved in franchise complaints. A 1993 government report found the FTC acted on less than 6% of all franchise complaints. The U.S. General Accounting Office reports that franchise complaints to the FTC from franchise owners increased ten-fold from 1997-1999. This dramatic rise is profound considering complaint data was only available through June 30, 1999. Since 1998, according to the FTC’s website, only one franchise enforcement action was taken against a franchise company. There’s just not enough money or resources available to the FTC, a situation that will only grow worse in the current economy.

My point here is registration of a Franchise Disclosure Document with a governmental agency only means the franchise company paid a filing fee and forwarded its document. There is no due diligence undertaken by examiners in a registration state. So the real guardian of the franchise investment must be you – the franchise investor. Because of the complexities of franchise agreement provisions and offering circular disclosures the need for competent, professional advice is critical. Many of the critical disclosures are required only in a table, where the relevant contract sections of “boilerplate that bites” are listed, without going into any “details.” If you’re not a franchise attorney looking for red flags, it easy to get duped.

Breakeven Point

Returning to the Franchise Disclosure Document, critical business information is NOT disclosed in the document, principally due to lobbying by the franchise industry. For example, the time it takes to reach the break even point – where revenues cover expenses – is not required disclosure in any franchise disclosure document. A bank would never loan money without this critical financial milestone, yet franchise companies let franchise buyers invest hundreds of thousands of dollars, often mortgaging their homes and tapping into savings and retirement accounts. What type of financial milestone must franchise companies disclose before franchise buyers risk what is often everything they have? The relevant disclosure, Item 7, only requires an estimate of what is called “Additional Funds,” a 90-day estimate of working capital needs. Because many new franchises can take a year, two years or more to reach the break even point, knowing only what it’s going to take to get you through the first 90 days is not helpful – in fact it may set you up for financial suicide. If you don’t have enough working capital to reach the break even point, which can be a year or more down the road, your entire franchise investment will go down the drain.

Financial Performance Of Other Franchise Owners

Another major shortcoming of disclosures in the Franchise Disclosure Document is not telling you how much money the franchises in the network are making. Instead of answering what is the most important question in a franchise investment decision, the franchise disclosure laws make this “optional” for the franchise company – they can tell you if they want to. If they decide to answer this critical question, it will be found in Item 19. But don’t hold your breath – more than 90% of franchise companies opt not to answer this question. It’s another bizarre reality in the world of franchising. Because they require complete monthly (and in many cases, weekly) financial profit and loss statements from their franchise owners, the franchise companies know exactly how much their franchises are making (or losing). But more than 90% decide not to say anything before you buy one of their franchises.

Asking Current Franchise Owners

Of course, current franchise owners are a potential source of information and a list of these are found in an exhibit to the Franchise Disclosure Document. My experience is most franchise owners exaggerate their financial performance or decline to share their finances with a stranger. Many of them I’ve spoken with over 28-plus years claimed they were making good money, when a studied examination of their financial statements revealed they were either losing money or operating at or below minimum wage performance. One couple invested $200,000 in a pizza franchise and were desperate to sell it eighteen months later. Their financial statements showed they were making about $0.50 (fifty cents) per hour. Fortunately, my client promptly lost interest in buying the franchise after listening to my analysis. The incredible thing is I discovered the franchise was subsequently sold to another person who operated the business for a year then filed for bankruptcy. There are many more examples of these franchise nightmares. Franchise “resales” where unprofitable franchises are sold over and over are another bizarre reality in the world of franchising.

Copyright 2007-2009 Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved

For more informatiion, visit the Franchise Foundations website.