Latest Update on Affordable Care Act April 3, 2013

posted Apr 3, 2013, 4:30 PM by Bryan Gianesin

    On Monday, officials from  Health and Human Services, HHS, announced that they have delayed the implementation of an important provision of the Affordable Care Act (ACA).   It was announced that small businesses (2 – 50 employees) may not have an insurance exchange market set-up specifically for them when the state and federal health exchanges begin on January 1, 2014.  As this time we believe that this will have little if any effect on the current small group market place.

     Instead, the federal government announced that the Small Business Health Options Program (SHOP) will be delayed until 2015. Small business employees will still be able to get insurance, but the states have the option to limit that to one choice, rather than a variety of plans, for the first year.  We have not heard how this might affect the California Exchange, Covered California.

    The attached Legislative Brief and the following link will give you more details:    Link to Latest Affordable Care Act Update

Should You Monitor Your Employees’ Email & Internet Use?

posted Feb 19, 2013, 9:30 AM by Bryan Gianesin   [ updated Feb 19, 2013, 9:30 AM ]

I recently read a great article about employee Email and Internet use that I want to forward to you from my friends and colleagues at HBLA, CPA’s. Employees Email and Internet Monitoring . It’s a very thoughtful article. If you have any questions about the legality of requiring Internet compliance for your employees, contact the Gianesin Law Firm, Bryan Gianesin, Attorney at Bryan@GianesinLaw.com. If you would like an introduction to the right person for your accounting and/or tax needs at the HBLA CPA firm, please let me know.

Insider Facts: About Business Brokers

posted Jan 22, 2013, 4:15 PM by Bryan Gianesin   [ updated Jan 22, 2013, 4:18 PM ]

Business Brokers Have a Mixed Reputation.  There are really great ones and all the rest. The right business broker can add substantial value to the buy/sell process. Irvine, California Business Attorney Assists Clients to Buy or Sell a Business.

>Business brokers have a mixed reputation.  Just like attorneys, there are really great ones and truly questionable characters.  However, if a client is unskilled at selling or buying a business,  the right business broker can add substantial value to the process.

At the Gianesin Law Firm, we encourage our clients to first understand the business brokerage process and then engage  a qualified business broker that meets their unique requirements. Bryan Gianesin, Business Attorney has participated in over 60 business buy/sell transactions. Contact us before your select a business broker or sign a brokerage agreement.

California Business Brokers Licensed by the Department of Real Estate

All California business brokers obtain their license from the California Department of Real Estate.  Just like a real estate broker, business brokers are allowed to represent both seller and buyer in what is called a “dual agency” agreement. I’ll leave the issues of “dual agency” to a later blog.

Brokerage Commission Negotiable

The brokerage commission is nearly always paid by the business seller and represents approximately 10% of the purchase price.  The commission is more flexible as the sale price of the business increases (much like higher priced homes for sale). Some business brokers will negotiate the commission, some will not.

Selling Broker Should Accept Offers From Represented Buyers

If you are selling a business, require your broker to review offers from buyers also represented by a broker and get it in writing! There is an unsavory practice by some business brokers where the selling broker refuses to even discuss the business sale with a buyer represented by another broker. A selling broker does this to keep 100% of the sales commission by finding a buyer who is not represented by a broker.  Imagine how many potential qualified buyers will be lost if the selling broker is allowed to engage in this practice. A seller is going to pay the same commission regardless, so make certain that this issue in resolved in the brokerage agreement. The Gianesin Law Firm drafts this provision – and several other important provisions – when it reviews brokerage agreements for clients.

Get the Most Out of Your Business Brokerage Relationship

Maximize  your business broker relationship by educating yourself before you negotiate and sign a brokerage agreement.  The Gianesin Law Firm offers these and other tips at reasonable rates. Don’t sell or buy a business without the input of a qualified business attorney. Contact the Gianesin Law Firm, Bryan Gianesin, at (949) 354- 5520 or atbryan@gianesinlaw.com to schedule a complimentary initial consultation. We also know some great business brokers.

Why You Need an Employee Handbook and Hiring and Termination Manual

posted Jan 22, 2013, 4:14 PM by Bryan Gianesin   [ updated Jan 22, 2013, 4:14 PM ]

If your business does not have a written employee handbook and written hiring and termination manual, your business is ripe for employee claims and damages. Large or small, by far the largest area of claims against business owners is in employee-related claims. You can substantially reduce the number (and success) of these claims by having a consistent and established procedure for handling employee matters- hiring to termination. Sorry, “off-the-shelf” handbook and manual purchases may do more harm than good. To learn more, contact Bryan Gianesin, Attorney, at Bryan@GianesinLaw.com.

New Crowdfunding Video –Take 2 Minutes and Watch the Next Wave!

posted Jan 22, 2013, 4:04 PM by Bryan Gianesin   [ updated Jan 22, 2013, 4:05 PM ]

Like anything new, Crowdfunding has taken some time to get traction. One of the difficulties in this digital media age, has been that no one has taken the time to create a quality, informative “Info-Video” to give an overview of the topic…until now. The thought leaders at crowdfundingplanning.com have created a 2 minute video that is a must see. What is Crowdfunding? To discuss the legal and structural requirements for a Crowdfunding campaign and best practices, contact Bryan Gianesin at bryan@gianesinlaw.com.

“Crowdfunding” Webinar Available For Viewing

posted Jan 22, 2013, 4:00 PM by Bryan Gianesin   [ updated Jan 22, 2013, 4:02 PM ]

Bryan Gianesin, Attorney was recently featured as a guest presenter for the Irvine Micropreneur Program. The Webinar gives an overview of Crowdfunding for both potential investors and companies seeking to use the platform for donation/reward and equity capital. Bryan Gianesin is an experienced business attorney, thought leader and advocate for investing and raising money from the “crowd”. See the video version at - http://www.crowdfundingplanning.com/webinar

Creating or Surviving a Business Partnership – A Great Resource

posted Jan 22, 2013, 3:58 PM by Bryan Gianesin   [ updated Jan 22, 2013, 3:59 PM ]

Over the last 26 years, I’ve seen many new and ongoing “partnerships”. I use this word for any business relationship where there are two or more people running a business enterprise- If you are married, you have a “partner” too! My colleague, Barri Carian, has tremendous experience advising and educating clients who want to create or refine an existing “partnership”  relationship. She has a terrific workbook at newbusinesspartnership.com. Once the decision is made to enter a partnership, contact Bryan Gianesin, Attorney, at bryan@gianesinlaw.com to memorialize your understanding and agreement.

The Most Critical and Forgotten Tool for Businesses – A Business Plan

posted Jan 22, 2013, 3:55 PM by Bryan Gianesin   [ updated Jan 22, 2013, 3:56 PM ]

A business plan is essential for BOTH start-ups and ongoing businesses. There are very few large companies that do not spend hundreds of hours creating annual and longer term business plans. Why? The answers are  is simple:  for multiple owners it is essential that all parties understand who is doing what and why they are do it; for a single owner it is important to solidify ideas that may be present only in your brain and turn them into a cohesive and readable (and accountable) plan. There are also different plans for different purposes. You may need one plan for investors, another for banks, and one for planning. We have some great and affordable resources for business owners.

Contact the Gianesin Law Firm, Bryan Gianesin Attorney, to discuss you business issues at Bryan@GianesinLaw.com.

5 Tips to Starting Your Own Business

posted Jan 22, 2013, 3:52 PM by Bryan Gianesin   [ updated Jan 22, 2013, 3:56 PM ]

If you are thinking of a career change, find yourself unemployed, or have a friend or family member who wants to start a business with you, the following article from About.com may serve you well. Once you have completed these tasks, consult with a knowledgeable business attorney, like the Gianesin Law Firm, Bryan Gianesin, Attorney, about the proper legal steps to take to start or buy a business. In my experience nearly 75% of all problems and disputes among co-owners arise because they failed to address important issues at the early stage of the business. Here is a summary of the pointers plus a few from my own experience:

  • Take your time. If you find out you are going to be unemployed, it is okay to take some time before you start your new job.
  • Assess your skills and experience. If you want to stay in the same line of work, you will be up and running quicker. A new venture that requires a new set of skills requires a longer start up time.
  • Evaluate your Industry. You need to know as much as you can before you get started.
  • Check the Bank Account. Make sure you have enough money to last 6 to 12 months.
  • Develop A Timeline. It does not take long to set a realistic timeline and figure out when things should be accomplished.
  • Surround yourself with trusted advisers, business consultants, mentors from the industry, and legal and tax professionals.
  • Before starting, gets as much input from people with experience in the industry as possible.

If you want to read more about this topic, request a free copy of the 7 Huge Mistakes Business Owners Make. Email me at Bryan@GianesinLaw.com.

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