LLC operation agreement

Why You Want to be an LLC and How to Create One

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If you are the sole proprietor of your small business, and – heaven forbid – your business gets sued or must file for bankruptcy, are your personal assets, such as your house or your car, at risk? If this question keeps you up at night, now may be the time to consider converting your business into a limited liability company (LLC). 

An LLC literally does what its name implies – limits your personal liability in the event that creditors or the IRS comes after your company, plus it simplifies taxes. It is a relatively new type of business entity that provides the legal protections of a corporation with fewer tax and financial hurdles. You can form an LLC for nearly any business. 

What is an LLC?

An LLC gives your business its own legal identity. It is a legal status granted to a business that relieves owners of personal responsibility for the company’s debts and liabilities and establishes the business as an official legal entity. In a sole proprietorship, you must file your business’ net income or losses on your personal balance sheet. This makes you personally liable if your company is sued or must file for bankruptcy. In such a case, creditors or the government can – and most likely will – come after your personal assets such as your home, car and personal bank accounts. 

Take note, however, that you can still be sued personally with an LLC, depending on the circumstances. For example, if you’re a masseuse and you accidentally hurt a customer’s back, that customer can still sue you personally. You should still consider taking out a business insurance policy for this reason. 

Unlike a sole proprietorship, you and your business would be separate under a LLC. Once you’ve established your business as a LLC, you can open a checking and savings account in the name of your business. Also, LLCs can be taxed as either a sole proprietorship or as an LLC, and can take on business partners or be a single member LLC.

What are the Benefits of an LLC?

There are distinct advantages and disadvantages to converting to a LLC as opposed to a sole proprietorship. The first advantage is that single member LLCs are typically taxed as sole proprietorships, and the tax liability passes through to the owner’s personal tax return (hence the term, “pass-through” business). 

Second, since a single member LLC is treated as a pass-through business, that means that the single member can still qualify for the 20% qualified business income tax deduction, created by the 2018 Tax Cuts and Jobs Act, and yet, as previously mentioned, enjoy limited personal liability from lawsuits filed against the business and bankruptcy. You can choose to be taxed either once or twice (both as a corporation and a sole proprietor) – whichever option minimizes taxes. 

While an LLC itself doesn’t pay taxes, co-owned LLCs (LLCs that have more than one owner) must file the U.S. Return of Partnership Income  Form 1065 with the IRS each year. Each partner in the LLC must file this form separately, which the IRS reviews to make sure each LLC partner correctly reports their income. Single members must fill out form 1040 Schedule C with the IRS that will report your operating results, including profits or losses. You also have the flexibility to be taxed as a corporation, which, in some cases, can mean even more tax savings. You should speak with your accountant to determine which is best for tax reasons. 

Third is that you don’t have to deal with the red tape and bureaucracy of an S or a C corporation. For example, in an LLC, you don’t have to form a board of directors or have attorneys make sure you are in compliance with federal securities regulations and keep track of board meetings. 

Potential Drawbacks

The biggest drawbacks of an LLC is that you cannot sell shares of your company or go public – the company is solely owned by you and/or your members. You also will not be recognized globally, which means that if you operate or gain sales in another country, you may be taxed as a corporation. 

Other potential disadvantages are that LLCs differ from corporations in that they do not have specific roles, such as directors, managers, etc., which could lead to confusion as to who among the members is in charge. Additionally, in some states, LLCs may legally cease to exist if a member drops out. 

Forming an LLC

There are distinctive steps to forming or converting your existing business into an LLC, but the first thing you may want to do before doing so is to hire an attorney that is familiar with the laws in your state, because each state has different rules and fees when it comes to creating an LLC. Regardless of the state you are in, the basic process is:

Choose a Name for Your LLC

This sounds very straightforward, but the advantage of choosing a name for your LLC is that it will be unique to your business, as no other business will be able to use your name. Most states require your business’ name to end in LLC, and in most states you can reserve your name for 6-12 months for a small fee. Some states, such as New York, will not allow you to use certain words in your LLC’s name, such as “bank,” “Academy” or “Assurance.”

File Articles of Organization

Articles of organization is a document that outlines the initial statements required to form an LLC. Some states, such as New Hampshire and New Jersey, call them “Certificate of Formation.” While creating such a document sounds complicated, most states do make it easy – a form is available on the websites of most states’ Secretary of State that is typically simple to fill out. These forms will require you to name the members of your LLC, the physical address of your company and how it will be managed. All states charge a small fee, usually around $100, to file this document. 

Choose a Registered Agent

Every state requires an LLC to have a registered agent – an individual or company that agrees to accept legal papers on behalf of the LLC in the event that it is sued. The registered agent must have a physical address in the state in which the LLC is registered, and most states, such as California, provide a list of commercial registered agents that will act as an agent for an annual fee. In most states, an LLC member can also act as a the registered agent. You may want to hire an attorney to advise in choosing an agent.

Create an LLC Operating Agreement

Some states – but not most – require that you file an operating agreement. This is an internal document establishing how your LLC will be managed. While most states do not require one, you should create one in the event that one of the LLC’s members takes legal action against the LLC. You should work with an attorney when creating an operating agreement. Additionally, if you do not have an operating agreement, your state may dictate how your LLC operates. 

Comply with Your States’ Tax and Regulatory Requirements

This will require several steps that you should do in consultation with your attorney and/or accountant. 

  • First, you must create an Employer Identification Number (EIN) with the IRS if your LLC has more than one member. If the only managing member is you, you can elect to have your business taxed as a corporation rather than a sole proprietorship. As previously mentioned, your business will be able to keep its pass-through status in the event that you do. 

Get Ready to File Annual Reports

Some states will require your LLC to file an annual report every year – a document stating the yearly, detailed financial results of your business. While the task may sound daunting, you should work with your accountant or attorney on creating one.

While creating an LLC may be an arduous process, it will go a long way in legitimizing your business and cutting down on legal liability. Your business will have its own identity and be more organized for future growth.

Woman standing in front of her store wearing an apron.

Ways Female Entrepreneurs Can Recover After the Pandemic (updated 3/30/2022)

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Woman-owned businesses – especially those owned by women of color – bore the brunt of the recession caused by the COVID-19 pandemic, and need help to claw their way back.

The reason women-owned businesses in the U.S. were hit harder than most is because, according to a study by the U.S. Chamber of Commerce Foundation, many of the businesses are run by “mompreneurs” – in fact, 90% of them have no employees other than the business owner and involve selling merchandise over the internet. Additionally, many women started their own business during the pandemic because they got furloughed or laid off, and childcare centers closed.

Access to Funding Curtailed

This made getting loans from the Paycheck Protection Program or SBA impossible for them, as those loans require years in business and a certain number of employees. A number of grant programs exist for women-owned businesses, but according to a study of nearly 1,200 women-owned businesses by Gusto, the ones that are out there are not enough to help sustain the number of women-owned businesses. 

According to Gusto’s survey, the vast majority of women-owned businesses (68%) funded their business through their own personal savings.

“Women are disproportionately owners of foot-traffic-based companies,” said Sarah Gustafson, lead data scientist at Gusto. “What we saw is that female-owned businesses have had larger net losses in their headcounts [during the ongoing pandemic] than male-owned businesses.”

Shouldering the Burden

While women-owned businesses face the same challenges as any small business owner, they also face unique challenges such as childcare. In particular, minority women drove business creation during the pandemic, according to Gusto’s study. Nearly half (47%) of businesses started in the past year are minority-owned. 

Their reasons for starting a new business were overwhelmingly driven by financial imperatives. Minority women were more than twice as likely (35% vs. 17% for others) to start a new business because they were laid off or worried about their financial situation. Almost a third (29%) of these women are the sole providers of income for their family. 

The main reasons given listed by Gusto for women to start their own businesses are:

  • 58% of women want more control over their work schedule;
  • 24% wanted to start a business that they could pass on to their families;
  • 37% were looking to improve their financial opportunities;
  • 19% lost their jobs, and
  • 9% didn’t have any other job opportunities. 

Steps Towards Economic Recovery

Obviously, not all women-owned businesses are the same, but whether you own a retail store, catering service, an office-based company or beauty supply shop, there are still uniform steps you can take, as well as apply for grant programs that are available to you.

The first step you may want to take as a woman business owner is to certify yourself as such with the Small Business Administration so that you can compete for lucrative contracts:

  1. Officially certify yourself as a woman-owned business with the SBA. This will qualify your business for the SBA 8(a) Business Development Program – a program that allows women-owned businesses to:
  • Compete for set-aside and sole-source contracts in the program;
  • Get a Business Opportunity Specialist to help navigate federal contracting;
  • Form joint ventures with established businesses through the SBA’s Mentor-Protégé Program;
  • Receive management and technical assistance, including business training, counseling, marketing assistance, and high-level executive development;

You can compete for contract awards under multiple socio-economic programs, as they apply. To qualify for the program, you must have a personal net worth of $750,000 or less and a gross income of $350,000 or less. 

Grants for Women-Owned Businesses

There are also several private grants, many of which are specific to women-owned businesses, that you can apply for as the economy slowly recovers from the pandemic:

The Small Business Builders Grant Program

Private equity giant KKR has launched the seventh round of its Small Business Builders Grant program aimed at women-owned businesses. The program will give away $10,000 grants to businesses that are at least 51% owned by women. Qualified businesses also must have had $7 million or less in gross revenue in 2021 and have somewhere between five and 50 employees.

The Eileen-Fisher Women-Owned Business Grant

The Eileen-Fisher Women-Owned Business Grant awards five grants up to $120,000 per year to woman-owned companies that promote social and environmental change. Your business must have existed for at least three years, and you cannot have earned more than $1 million in annual profits.

Visa’s She’s Next program

The Visa She’s Next grant is awarded to African-American women-owned businesses. In order to apply, you must have been in business for at least two years, be a B2C company, and have a minimum revenue of at least $24,000.

Amber Grants

The Amber Grant is one of the easiest grants to apply to. It is geared towards female entrepreneurs who are planning to launch small, local businesses and awards $10,000 every month. At the end of the year, one of the monthly winners is selected for a $25,000 grant. To apply, all you need to do is go to the website and explain the purpose of your business.

Cartier Women’s Initiative Award

The Cartier Women’s Initiative awards 21 female entrepreneurs every year with one-on-one expert coaching, business workshops, media coverage for the entrepreneur and their business, and prizes ranging from $30,000 to $100,000.

IFundWomen Universal Grant program

The IFundWomen Universal Grant Program  partners with several different organizations to bring grant opportunities to women-owned small businesses which has a grant pool of over $8M. Grants are available to many different types of women-owned businesses.

GrantsforWomen.org

GrantsForWomen.org  is a versatile program that is a database of grants specifically for women-owned businesses. Not all grants are specifically for women-owned business owners, but they offer funding options in a wide range of industries. 

37 Angels 

37 Angels is a great program for women entrepreneurs who are seeking start up capital for their respective businesses, as it is made up of female angel investors that invest only in women-owned small businesses. The organization is dedicated to assisting female entrepreneurs who do not qualify for traditional lending, and offers grants as large as $150,000. 

Belle Capital 

Belle Capital is a private equity firm focused solely on women-owned businesses, and is ideal for female entrepreneurs who plan to take their company public or have a big exit strategy planned over the next few years. Some of their criteria include the feasibility of the business reaching $20 million in revenues over the next five years, and high capital proficiency. 

Going Forward

While there are grants available to women-owned businesses, female entrepreneurs also need help from the government. According to Gusto’s survey, most women-owned businesses favor President Biden’s proposed infrastructure plan that aims to increase broadband access across the nation, as the number one concern for women-owned businesses is having greater access to the internet. 

Hiring concerns and the need for more training, particularly in the eCommerce space, also represent the greatest need for women-owned businesses, as well as expanded access to capital, both in the traditional lending space and the private equity market.  

You can find training courses online (and some of them are free!) on how to use eCommerce for your business and how to best navigate your way through social media.

Doctor with a patient as Kapitus discusses best medical practices.

What Independent Medical Practices Need to do to Survive

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Even before the COVID-19 pandemic hit, independent medical practices were in critical condition as large hospital systems implemented cost-effective, value-based care systems and hoarded patients’ medical histories – moves that forced many independent physicians who couldn’t compete to give up their practices and join them.

Contrary to popular opinion, independent medical practices were not immune to the effects of the coronavirus pandemic, as patient visits and needs for services plummeted. According to the American Medical Association, 2% of primary care practices closed and another 2% considered bankruptcy at the end of August 2020.

So how are independent physicians supposed to prevent themselves from becoming W-2 employees in the wake of competitive challenges posed by large hospital systems, as well as the task of finding new patients as the pandemic winds down? Here are some tips for survival, based on our conversation with Marni Jameson Carey, executive director of the Association of Independent Doctors, and data from the AMA. 

Merge Your Practice Due to the Threat of Value-Based Care

  • Perhaps the most important action an independent medical practice can take is to merge or form a strategic alliance with other independent practitioners in order to spread the risk posed by value-based care – a system designed to lower the cost of healthcare by charging patients for outcomes rather than service. 
  • In such a system, insurance companies as well as the Center for Medicare and Medicaid Services (CMS) set standards of payments to doctors to incentivize them to keep costs down by cutting redundancies in treatment, offering pre-paid bundled services packages to patients for cancer care and surgical procedures, and focusing on preventative care. If doctors go over the stated annual amount, then the cost of treatment must come out of their pockets. In short, doctors are rewarded and paid to keep patients healthy year-over-year, rather than paid for services rendered. 
  • The Healthcare Payment Learning & Action Network, which was established by the CMS in 2015, aims to have 100% of providers in the US participating in value-based contracts by 2025. While value-based care has become the wave of the future in medical care, it has become the biggest threat to the existence of independent doctors, who may not be able to afford to offer discounted services, said Carey.
  • Large hospital systems that own a network of salaried physicians are in a better position to offer value-based care because of their economies-of-scale, said Carey, and that makes it harder for independent practitioners to keep up.

Marni Jameson Carey, executive director of the Association of Independent Doctors, says that independent doctors should band together to offer value-based care.

“I have a problem with value-based care philosophically because smaller practices tend to have established patients, and as doctors get older, their patient bases tend to get older and sicker, not younger and better,” she said. “So, as a doctor, I’m now being measured against my prior year, even though my patients are getting older and sicker, and I’m doing my best. Value-based care goes against the grain of the idea that every year you have to do better than the year before, when natural evolution tells us that people get older and eventually die.” 

The answer, she said, is for independent practitioners, be it primary care physicians or specialists to “Ally with other independent doctors and share risk as a consortium, but still stay independent,” she said. 

According to a recent article from the Advisory Board, a physician advocacy group that promotes equity in healthcare practices, “As care delivery becomes more complex and value-based arrangements require more upfront resources, very small practices are more likely to struggle financially and be aggregated by larger entities. This may mean hospitals, yes, but it doesn’t only mean hospitals. In fact, many independent physicians are acting as aggregators themselves—buying up struggling practices and offering models that appeal to these fiercely independent shareholders.”

Independent doctors should know that acquiring another practice in order to scale up business may require financing. In such a case, physicians should consult with their accountants as well as seek financing from either traditional lenders or alternative lenders such as Kapitus, which offers Helix Healthcare Financing – lending specially tailored for independent healthcare practices. 

Make Healthcare Records Portable 

Electronically Updating the medical history of patients is the bane of most doctors’ existence, because it involves hours of tedious paperwork and filling out forms. To add to that frustration, independent doctors often have to deal with the fact that their expensive electronic health records (HER) systems are not compatible with those of the hospitals to which they refer their patients. As a result, hospitals don’t know their patients’ medical histories and order duplicate tests and perform redundant procedures. 

“This is one of the ways hospital systems try to encourage independent doctors to join them and become employed physicians, so that they don’t have to invest in electronic health record systems that may become obsolete,” said Carey. “Hospitals like to own patient data and freeze out other providers not within their system so that they capture patient share and make it hard to share the data with doctors who might take business from them.” 

The answer to this, she said, is for independent doctors to adopt an EHR policy that makes it easy for patients to have access to their own medical history – something many doctors are afraid of doing out of fear of violating the Health Information Portability and Accountability Act (HIPAA). 

“If you look up the HIPAA laws, it’s not about patient privacy, it’s about the patient’s access to information,” said Carey. “The law has been misconstrued to mean that patients can’t even have access to their own information, and that isn’t true. The patient should be able to have the data, so when the patient goes to the hospital or a specialist the patient has the information with him or her, whether it’s on a thumb drive or on a smart phone. So, the answer to this is to make sure patients have access to their own records and to sure information isn’t siloed by hospitals.”

AthenaOne Electronic Health Records Software

For independent doctors who are still using paper files to store patient records, adopting EHR software should not be a difficult task. Some of the most popular EHR software systems out there include AthenaOne and RXNT.

Make Telehealth a Featured Part of Your Business

Even before the nation went on lockdown due to the coronavirus, health insurance giant Kaiser Permanente revealed in 2018 that slightly more than 50% of doctor visits by its participants were through telehealth, and that the number of telehealth appointments shot up by 3700% from 2019 to 2020. The bottom line is that telehealth marketing is here to stay, especially in rural parts of the country where a trip to the doctor’s office may require a long drive. 

“I’ve been told by our doctors that they are doing telehealth visits over their phones and over Zoom, and that they bill for the service and it isn’t complicated,” said Carey. “I know there are companies out there that want to make it complicated and want to sell expensive services, but this really isn’t a technology issue. I do know that you can’t just run around doing telehealth visits, that you need to be an established patient with a practice before that provider can do a telehealth visit with you and determine whether a telehealth visit would be appropriate.”

Make Prices Transparent

Several states have passed laws requiring medical practices to inform patients of the price of their services before they are rendered. This prevents patients from receiving billing surprises after undergoing surgery or another medical procedure. The patient may believe that the surgery is covered by insurance, only to find out afterwards that one of the specialists involved in the surgery, such as the anesthesiologist, for example, may not accept insurance and receive a bill for thousands of dollars for that service. 

States such as New Jersey, for example, have passed the Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act in 2018, a law that independent New Jersey doctors claimed threatened their survival because it allows consumers to also seek an outside arbitrator to determine whether the cost of medical services are reasonable. 

Carey said that despite the initial objections to these laws, price transparency among independent physicians – even ones that do not accept insurance – is necessary to ensure their survival because it encourages competition among physicians as well as hospital systems, which inevitably will drive down prices of medical services. 

Automate Where you can 

Some independent physicians are still stuck in the dark ages when it comes to technology but should automate some of their systems with software to make their lives easier and give them more time to spend with patients. These systems include automated appointment reminders, patient intake forms and billing – systems that large hospital systems already automate themselves. 

In summary, survival may not be easy for independent medical practices going forward, as large healthcare systems continue to gobble up small practices. Following steps for survival such as partnering with other independent doctors and keeping up with technology can prevent an independent doctor from becoming a W-2 employee.

Couple sitting in beach chairs facing the water and sunrise.

Preparing Your Small Business for Retirement

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Thinking about an exit strategy may be the last item on your priority list as you work hard to successfully run your small business. But no matter how young you are or how new your business is, life moves fast. It’s never too early to think about retirement, because being old and broke is the last place you want to be in a few decades (or a few years) from now. 

To prepare for retirement, the first item on your agenda should be to determine what you want to do with your business when it’s your turn to ride off into the sunset. Do you want to sell your business and use the proceeds to fund part of your retirement, or do you dream of passing along your business to your children or other close relatives? 

Planning For Retirement

No matter what you plan to do with your business once you’re ready to retire, saving money for retirement throughout your career is still your best bet. To do this, you’ll need to ask yourself some important retirement lifestyle questions, including:

  • What will your source of retirement income be?
  • How much money will you need to retire? 
  • What age do you want to retire, and how much will you need to save each month to make it happen?

Easily determine how much you need to save for retirement with the help of free online retirement calculators.

Online retirement calculators, such as this one from Bankrate, can be used for free online. If there is a place where you dream of spending your golden years, try to get an idea of what the cost of living is there. Also factor into the equation that as you get older, medical bills may pile up. If necessary, speak to a financial advisor about these factors. You can find a financial advisor online for free on various personal financial websites, such as SmartAsset.com. 

If You’re Starting Late

If you’re a bit late in the game when it comes to saving for retirement, not to worry. According to a great article from the American Association of Retired People (AARP), there are steps you can take, such as refining your personal budget to eliminate any excesses; setting up automatic savings deposits; maxing out contributions to any individual retirement account (IRA) you may have, and working as long as you can. The fact is, even if you’re starting to save in your 40s or 50s, you can still save enough to retire. 

Saving vs. Selling For Retirement

Selling your business to fund your retirement is an extremely risky proposition because small business owners tend to overestimate the value of their business and often mistakenly believe that selling it will bring in enough income to comfortably retire. Don’t count on it. A business is only worth what a buyer is willing to pay for it, and if you own a mom-and-pop shop with relatively low profit margins, chances are that selling your business will not pull in enough funds for you to retire.

The answer is to save early and often for retirement by setting up a retirement plan for yourself and your employees. Whether you have two or 20 employees, there is a retirement investment plan out there for your business. 

Retirement Investments

You can open a simple IRA which allows employees to contribute money to the plan. Another option is a SEP IRA, in which only the owners can make contributions. You can also fund a solo 401(k), which covers a business owner with no employees, or a 401(k) plan for small businesses.

You may want to seek help from a financial advisor to choose your investment options. The advisor can help you build a diversified investment portfolio that will automatically adjust the financial risk of your portfolio accordingly as you get older, and keep your retirement assets safe and allow them to grow.

Most retirement investment vehicles – be it a 401(k) plan or an IRA – allow you to contribute pre-tax dollars and will not charge you capital gains taxes until you retire or if you take an early withdrawal from it. Even saving just $100 pre-tax dollars per paycheck can add up over the years, so start saving early.

Always Know How Much Your Business is Worth

If you plan to sell your business to fund at least part of your retirement, you should always have a rough idea of what your business is worth. Finding out is a bit of a complicated process, so you may want to work with your accountant or an M&A advisor that specializes in small- to medium-size businesses (SMBs). 

  • The first step is to determine your cash flow by calculating your assets and deducting your liabilities from them. Your assets include current and outstanding invoices, equipment and inventory. If you own the land that your business resides on, that’s an asset as well. Then, subtract any outstanding debt and expenses you have from that figure. This is your cash flow and will at least give you a good starting point in determining the value of your business. 
  • Second, determine how much gross annual earnings your business makes through sales. This is often referred to by large corporations as earnings before interest, taxes, depreciation and amortization (EBIDTA). A company’s rough value is often calculated by a multiple of gross annual sales or cash flow. 
  • Third, consult with an M&A advisor or accountant on what multiples are used in your specific industry and location. For example, if you own a small tool manufacturing and supply shop in a wealthy location such as New York City, the average multiple of earnings that your business may sell for in the area could be five. Therefore, if your business’ gross annual sales are $500,000, it could sell for $2.5 million. 
  • Fourth, consider your client base. If you’re an accounting or law firm or an independent medical practice and have a base of long-time clients or patients, that should be a negotiating point when you go to sell your business. Typically, companies with long-time clients fetch higher multiples than smaller businesses such a retail store or restaurant. 

Now that you have a rough idea of the value of your business, you should factor that into the amount you are saving and investing for retirement, especially if you are planning to sell your business to fund your retirement.

Passing Your Business to Your Heirs

If you’ve saved enough for retirement and want your child or another close relative to inherit your business, there are several logistical and financial considerations you need to examine:

  • First, make sure your child is properly educated, trained and willing to run your business. It is probably best to introduce your child to the business as early as possible.
  • Second, if you have more than one child and they all want to inherit a piece of your business, make sure you speak with your accountant and your kids about how they will divvy up your business and what tax consequences, if any, each of them will face once you decide to retire.
  • Work with your accountant to avoid paying the gift tax. The gift tax taxes the transfer of property from one person to another. The property does include a business, and this tax applies while you are still alive (this is not to be confused with the inheritance tax, which is what your heirs will owe to the IRS on whatever property you leave to them after you are deceased). 
  • Keep in mind that there is a $15,000 annual exclusion from the gift tax in 2020 and 2021, and a $11.7  million lifetime exclusion. If the amount you are giving to your heirs stays below those amounts, you can avoid having to pay the gift tax altogether..

When it comes to planning your retirement, do not listen to the old Rolling Stones song, “Time is on my Side” (notice that Mick Jagger and Keith Richards haven’t retired yet!). Start saving early, because you do not want to be financially struggling in your golden years, and you certainly want your children to be fully prepared for the day when they take over your business. The earlier you start, the better off you will be.

Woman smiling working on her laptop, dollar bills flying around her.

What Kind of Website Do I Need, Are Websites Worth It

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Now that you’ve decided to build a website for your small business – congratulations. Your company will receive more visibility, better branding, and eventually more sales.

Before you build your site however, there are several questions you’ll need to answer in order to to determine if you should build a site through a low cost, do-it-yourself website platforms such as Wix, SQUARESPACE or GoDaddy, or make the significant investment in building your own robust website:

  • What products are you looking to sell on your site, and how do you plan on selling them?
  • Are you selling subscriptions? Will the purpose of your site be to make appointments for people to come into your brick and mortar business to buy products or services? 
  • Are you seeking to sell products directly through your websites via online payments?
  • Do you plan to feature industry content or a blog on your site?
  • How will your site stand Apart From Competitors?
  • What Actions Do You Want Site Visitors to Take?

What Should Your Site Accomplish?

Now that you’ve answered those questions, you essentially have two choices: You can use a DIY website platform, which does have its advantages – most of them charge a low monthly fee; provide an easy-to-use website template, and provide web security and basic analytics. This may be the best option to choose if you’re simply looking to expand your presence and just check off the “web presence” box for your business. 

For example, if you’re an independent restaurant owner who wants visitors to use your site to make reservations, or a car dealership owner who wants your site visitors to make appointments for test drives of your vehicles, then a DIY site may be the best choice for you.

DIY platforms do have their drawbacks, though. Almost all of them charge additional fees if you look to add features to your site, and many of them will ask for a large percentage of your revenue if you are seeking to use your site for direct sales. Additionally, the web template that you choose may be being used by other customers, so your website may not look unique.

If you want your website to do more, however, such as accommodate direct sales of your products, offer sales or discounts, or generate industry buzz through a blog page, then building your own website is probably the best bet for you. 

Be warned, however: while building your own site will be well worth the effort from a sales and marketing standpoint, it will be a long, arduous, and expensive process, and one that will require you to first analyze whether it will be worth the money to do so. 

Figuring Out if it’s Worth it

Now the question becomes: based on your wishlist for a website, is building a site worth the money? The answer to this question is paramount in deciding whether to invest capital into building your own site. The process of answering this question is also a bit complicated and may require you to hire an outside web consulting firm to assist you. 

The first thing to do is to figure out the cost of building a website. A basic laundry list of things you will likely need to spend money on in order to create your own site can include:

Do some research to find out the fees of website consulting firms and the market price for a web designer/programmer, if you choose to hire those. In order to house your website and make it available to the public via the world wide web, you can either purchase your own server – the machine that will house your site and may cost upwards of $1,000 – or hire a website hosting platform such as Bluehost or HostGator for a low monthly fee to house your website for you. 

There are many advantages to using a web hosting service – you won’t have to pony up the cash for your own server, and they provide web security for your site. Keep in mind, however, that a hosting platform will charge you the monthly fee for as long as your business’ website exists (which could be up to $60 per year), and there could be add-on charges if you look to make changes to your site.

In addition to hosting costs, leasing an original domain name through services such as GoDaddy, Domain.com or Name.com can cost anywhere between $20 to $50 per year, on average; and purchasing a domain name outright could cost you thousands of dollars.

Other costs to consider: If you do not have expertise in building a website, you may want to hire an experienced web designer/programmer to help you. Hiring an outside firm or an internal employee to do this may be expensive but making a mistake in building your site could be even costlier. Also, you will need a payment processing app to enable your customers to purchase items from your site. Apps such as Merchant One, Clover or ProMerchant will enable them to do that.

Estimating Your Site’s future Revenue

Now that you have an idea of the cost, the next thing you should do is have your website consulting firm assist you in creating a general, one-year projection of revenue for your site, since the process can be complicated. Some lenders may ask for this if you look for financing to build your site.

Of course, we all know that a general calculation of ROI is income minus cost divided by cost, but how do you calculate that if you don’t know what the actual revenue of your site will be? 

While it is impossible to calculate exactly what the revenue will be, you can make a rough estimation by examining the benchmark for similar-sized companies in your industry. The web consulting firm you hire should have data on this, or you can use an online tool called Similarweb, which tracks that. You can also use a web service called Unbounce, which can give you a benchmark conversion rate – the percentage of visitors of an ecommerce site who end up becoming customers. 

“This way, you’ll have an idea of what to expect in terms of revenue,” said Lucie Loubet, director of digital marketing at web design firm DesignWare. “Just remember to look at the paid vs. organic traffic breakdown in Similarweb to understand how much additional money you will have to invest in customer acquisition.”

Dawid Zimney, product manager at web consulting agency NerdCow, added “Your web agency needs to know your conversion rate, your market and your audience. They need to benchmark this against the historical improvements of the conversion rate on their clients’ websites.”

Another marketing term to know is customer lifetime value (CLV) – the estimated value of a return customer. For example, if you own a restaurant and you see certain customers coming back because they love your food, or a retail clothing store and you see customers returning for the service, you can calculate the average amount they spend per visit and multiply that by the number of times they visit your business. 

The website firm you hire can help you estimate the percentage of customers who will become repeat customers, as well calculate their CLV.

Final Calculation

Nikita Chen, founder and CEO of item authentication firm LegitRails, said the final step in calculating your website’s future ROI is to multiply the number of estimated customers with the CLV, and then determine whether that number is greater than the cost of building the website. The web marketing firm you hire should help you with that. 

“If the number is higher, you are in profit, and it is, therefore, a good idea to create the website,” she said. “If the number is lower (which could be the case if you’re running excessive ads) it might not be in your best interest. The figure you come up with at this stage will also determine your ROI,” said Chen.

Financing Options to Pay for Your Site

If you’ve realized that your needs require you to build a custom website but you don’t have the cash on hand to pay for it, that’s okay. There are several financing options you can choose from. 

A business line of credit may be a good option for you since building a website will not be a one-off expenditure. A business line of credit – much like a personal credit card – will give you the flexibility to spend as you go along in the process of building your site, and you will only be charged interest on what you borrow. You can also pay it down as you go along.

If you’ve predetermined a budget for building your site and plan to stick to it, then a business loan may be right for you. If you go to a traditional lender, they may ask you for a business plan or projected ROI on your website. Alternative lenders such as Kapitus will generally just ask to see your company’s revenue history and approve you for financing more quickly than a traditional lender.

Test Your Site First

Now that you’ve decided to go ahead with your site, you should have your web designer/programmer build a test site, typically referred to as a beta site. Pick the top functionality of your site, have your programmer design and build it, and release it online. The beta site should be a limited release of your website with the goal of gauging audience reaction a nd finding bugs before the final release of your site. 

The site is usually opened up to a limited number of users, such as employees of your company or friends or family. The idea of the beta site is to listen to their feedback and use that to make improvements or adjustments to your final website. 

Next Up

“If you build it, they will come…”

Now that you’ve done the calculations and figured out that building your own site is worth it, how do you build a site that is visually appealing, user friendly and will generate additional sales? In the next article, we will discuss what your site should look like to make that happen.

How Do Small Business Owners Build Their Websites?

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So you’ve decided to take your small business to the next level by building a website – you should congratulate yourself for taking the leap into the Internet. Whether you’re a small business with 200 employees and several different offices, or you’re an independent retail business or restaurant owner, you are about to expand your customer base and company brand to web browsers around the world. 

In our last article, What Kind of Website Do I Need, and is it Worth it?, we discussed the cost of the things you will need to build your site, such as a domain name, web hosting platform, etc. Here, we will discuss the steps you need to take to build your new site.

Starting from scratch can be confusing, as there are lots of choices to make. First, there are two ways you can go: if you are looking to simply promote your brand and check off the box for your business that says “online presence,” then low cost, do-it-yourself website builders such as Wix.com, SQUARESPACE or GoDaddy would be the best bet for you. 

If you’re seeking to build a robust site that can generate online sales and market yourself as an authority in your industry, then creating a site from scratch may be your best bet. This will, of course, require a commitment of time, patience and money, but it will be well worth the effort. 

DIY Website Pros and Cons

Using a DIY website builder is, of course, the cheapest route to building a new site, and there are plenty of advantages to using one of them: they’re relatively cheaper than building your own site, usually costing a low monthly fee; they’re easy to use, and they typically provide search engine optimization (SEO) and analytics features, as well as security. 

Some of the drawbacks are, however, that there can be hidden fees if you choose to expand your site, and other users may use the same website template that you’ve chosen, which would make your site look unoriginal. Here is a full list of pros and cons of using a DIY web builder that you should be aware of: 

Investing in Your Own Site – What you Need

If you are looking for a site that can process direct sales from customers, attract lifetime customers and build sales leads, then you most certainly should look to construct your own robust site from scratch. While this will entail a long, costly process, the effort will be worth it in the long term, as it will most likely yield the best results in terms of increased sales, brand recognition and customer base. The cost of a new website may be daunting at first, but remember the old adage, “you have to spend money to make money.”

Just consider – according to the US Census Bureau, e-commerce sales accounted for 13.8% of all retail sales in the first quarter of 2021, a steady rise from 5% in the first quarter of 2012. The pandemic only increased online purchases, as people had to make purchases from the comfort of their homes. Most economists believe, however, that the steady increase of online shopping, including food orders from restaurants, will only increase. 

Keep in mind that e-commerce sales are so prevalent now that they even contributed to the fall of brick and mortar giants such as Toys R Us, and economic experts believe e-commerce will only continue to rise. Given this, now is the time to offer your products and services online through your own site. 

A basic laundry list of things you will need to create your own site include:

  • High Speed Cable Internet;
  • A Domain name;
  • A Web hosting platform such as BlueHost, HostGator or GoDaddy, or your own server;
  • A Basic website layout;
  • A content management system;
  • A web designer/programmer, and
  • A Web-based Payment Module 

Designing & Building Your Site

Now that you’ve decided to build a website, know that designing a thorough and visually appealing site will be as important as the quality of the products or services you are selling. Examine the websites of your competitors to get ideas of what you believe works and doesn’t work.

The first thing you will need to do is ask yourself what you want your website to accomplish so that you can create subsets of your website’s welcome page. If you are seeking to expand the reach of your brand and ultimately increase sales, a basic list of items to highlight on your site could include:

  • A welcome page that will include your company’s logo, a basic explanation of who you are, your mission statement, and company reviews. 
  1. Remember, the welcome page is the first thing that web browsers will see, and it will be the initial reason they decide to stay on your site. Work with an experienced web designer to make it visually appealing, and without being too wordy, define your company and what it has to offer. 
  • A subset page that offers a catalogue of your company’s products.
  1. A subset page where browsers can actually purchase your products. This will also require your page to have a web-based payment module to process payments via credit or bank card.
  2. An “About Us” subset page informing browsers who you are, your history and perhaps any video presentation demonstrating your dedication to your products and services.
  3. A “Contact Us” subset page, and
  4. A blog subset page where you can write and post articles about trends in your industry to make you seem like an expert in your field. Content management systems such as Wordpress, can make blogging easy.
  1. While it is time consuming, blogging SEO optimized articles about your industry is one way to keep potential customers coming back to your site and thinking about the industry in which you are selling products.

The second task you want to complete is to formulate a basic layout of your website. 

For our purposes, we used a fictitious company, “Joe Smith’s Construction Supplies,” to create an example of how you may want to outline your website:

Nuts and Bolts

As far as the nuts and bolts of building your own site goes, you can take courses to learn computer code and web design which, of course, will cost you time and money. Otherwise, you probably will need to hire a web designer/programmer to build your site. You can hire one on a freelance basis, but as you interview them, ask to see websites they have constructed in the past, as well as references. 

Once you do, work with both them and your website consulting firm to create a visually appealing, original and user friendly, responsive site that is optimized for computers, tablets and smartphones. You may even consider creating a limited test website, known as a beta site, to find any bugs in your site before you officially launch it. 

Next Up

“If a tree falls in the forest and no one is around to hear it, does it make a sound?”

What good will an awesome new website do you if no one is looking at it? Now that you’ve gone through the long and arduous process of building a great website, it won’t automatically mean more sales. 

In the next article, we will discuss general ways to draw viewers to your site. After all, web traffic turns into sales, and sales turns into potential lifetime customers. 

Collateral requirements for SBA loans.

What Are SBA Loan Collateral Requirements?

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Those seeking an SBA loan are likely familiar with the association’s sometimes confusing collateral requirements. Small business owners are required to name some amount of collateral when applying for an SBA loan, but it can be difficult to determine ahead of time how much collateral may be expected to finalize a loan or what necessarily constitutes collateral.

 

While there are several kinds of SBA loans, most common are 7(a) loans. Another kind of SBA loan currently in high demand is EIDL (Economic Injury Disaster Loans).  While 7(a) loans can be requested for any reason, EIDL are specifically disaster loans which have recently gained prominence as a form of pandemic relief. EIDL and 7(a) loans both have different collateral requirements. This article will explore exactly what each of these loan types require from borrowers in the form of collateral as well as other requirements of note. 

What Constitutes Collateral?


Before discussing collateral requirements, it is important to understand exactly what collateral is and what lenders and the SBA generally consider acceptable forms of collateral. Collateral, in its simplest forms, is an asset that a lender accepts as a form of security on a loan in the event of non-payment or a default. 

Examples of Generally Approved SBA Loan Collateral include:

  • Commercial or personal real estate
  • Accounts receivable
  • Standing inventory
  • Business vehicles
  • Equipment, and machinery

SBA 7(a) Loan Collateral and Requirements

SBA 7(a) loans are one of the most frequently sought loans by American small business owners and fall under three categories: Standard (7a), 7(a) Small Loans, and SBA Express. All collateral policies for 7(a) Small Loans and Express Loans are also true for Standard 7(a) loans up to $350,000.

7(a) Collateral Requirements

  • Loans up to $25,000 are unsecured and require no collateral.
  • Loans between $25,000 and $350,000 must follow collateral policies for similarly-sized non-SBA-guaranteed commercial loans.
  • Loans larger than $350,000 require the maximum amount of collateral possible from the borrower to fully secure a loan. The borrower must meaningfully demonstrate they have put forward all available collateral.
  • If a lender believes fixed assets do not fully secure a loan, they may also consider trading assets at 10% current book value.

Notable Variations

Both 7(a) Small Loans and SBA Express loans offer up to $350,000, but the SBA will only guarantee up to 50% of the loan amount for Express Loans. Guarantees for Small Loans are either 85% for loans up to $150,000 and 75% for loans greater than that.

7(a) Loan Additional Information

Applicants for SBA 7(a) loans must agree to an ABA (All Business Assets) lien. This means that all of an applicant’s business assets will be put as collateral for the SBA 7(a) loan. 7(a) applicants may also be subject to a UCC-1 (Universal Commercial Code) lien which gives a lender the legal right to access a business’s assets in the event a business defaults on their loan.

In addition to collateral, every person who owns at least 20% of an applying business must also sign a personal guarantee when seeking SBA 7(a) financing. A personal guarantee is an acknowledgement that the party signing is personally responsible for paying back a loan. Personal guarantees are essentially extensions of collateral. Instead of naming specific assets, however, an applicant agrees to use any assets necessary to pay back the loan.

When applying for an SBA 7(a) loan the lender will have the applicant fill out the “SBA Eligibility Questionnaire for Standard 7(a) Guaranty.” Which allows a lender to individually assess if an applicant has sufficient holdings to secure collateral.

SBA EIDL Loan Collateral Requirements

Unlike 7(a) loans, the SBA EIDL (Economic Injury Disaster Loan) program is exclusively distributed to small businesses that are suffering from a temporary loss of revenue due to a declared disaster. The EIDL program is currently accepting applications from businesses affected by the COVID-19 pandemic. The EIDL program has different collateral requirements than a 7(a) loan, notably because EIDL is a form of aid. Loans made through the EIDL program under $25,000 are still unsecured. Loans over $25,000, however, will require some form of collateral. Because the program often deals with disaster relief, the EIDL program will not turn away an applicant because they do not have a certain collateral value. If an applicant pledges the collateral available to them, a lender will often consider that collateral sufficient.

EIDL program applicants seeking loan amounts greater than $25,000 must also consent to a UCC-1 lien being placed on their business. Businesses applying to the EIDL program requesting more than $200,000 also require a personal guarantee from each person with a 20% or more stake in the business.

Collateral Overview

The SBA intentionally leaves collateral requirements vague in all loan programs. Necessary collateral is determined on an individual level between a lender and an applicant. More important than a dollar amount, however, is a business owner’s ability to demonstrate that they are committed to repaying a loan. Collateral in combination with personal guarantees and UCC-1 liens are mechanisms to assure loan programs are not taken advantage of or used unnecessarily.

Laying out strict financing requirements and cutoffs ignore the nuance of small business and may needlessly dissuade applicants. The most important step for a small business seeking a loan is discussion with a trusted financing expert. If your small business is interested in learning more about SBA loans and funding opportunities, get in touch with a Kapitus financing expert who can assess your options based on your unique situation.

Learn more about non-recourse financing

What is a Non-Recourse Commercial Loan

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An effective means to expedite a business’s growth is tactical commercial financing. A factor that may dissuade businesses from finalizing a loan agreement, however, is fear of default and the subsequent recourse from lenders. There are actually several types of loans where lenders will agree to not seek recourse after borrower default, which are known as non-recourse commercial loans. 

A non-recourse commercial loan is an agreement between a lender and a borrowing business where the borrower is not personally liable if they default on the loan. In the case a borrower defaults, lenders may not repossess any of the borrower’s property that was not originally put up for collateral. Lenders may seize profits from the business, but the business owner’s personal assets may not be taken.

What is The Difference Between Recourse Commercial Loan Versus Non-Recourse Commercial Loan

Traditional recourse loans require borrowers to make a personal guarantee that they default on their business loan, the lender may seize bank accounts and other assets until the original debt is covered. In the case of a non-recourse loan, lenders may only seize agreed upon collateral in the event of borrower default. Even if the collateral does not sufficiently cover the full value of the loan, the lender cannot seize the borrower’s personal assets to recover losses from the original loan.

Carve-Outs and the “Bad Boy Guaranty”

Most non-recourse financing agreements have exceptions where the lender may collect beyond collateral in the case of borrower default. Exceptions to non-recourse agreements are called “carve outs,” or “Bad Boy Guarantees.” Most carve outs protect lenders in the case a borrower either misrepresented their intentions or committed a crime. Several common carve outs in non-recourse financing agreements allow the lender to seek recourse outside of collateral, including:

  • Borrower files for bankruptcy
  • Borrower commits fraud or other criminal activity
  • Borrower fails to pay property taxes
  • Borrower fails to maintain required insurance

If a borrower commits any of the acts specified in an agreement’s carveout clause, the non-recourse protections of the original agreement are nullified.

Qualifying for Non-Recourse Financing

Since non-recourse commercial loans are much riskier for lenders, conditions for approval are generally much more strict. Among traditional qualifications of positive balance sheets, a good business credit score and sufficient collateral, applicants must also meet the terms of a non-recourse guarantee. Similar to carve outs, the non-recourse guarantee specifies that the borrower, or the guarantor, must maintain certain obligations to retain non-recourse status. A non-recourse lender may require that the borrower sign a guarantee of performance, meaning that certain goals remain on schedule, or a guarantee of payment. Guarantees of payment stipulate that any profits made from the project financed by the original loan must be routed back to pay the accrued debt.

Since lenders face significantly more risk when making a non-recourse loan, non-recourse agreements are generally reserved for exceedingly low risk-of-default borrowers taking on long-term projects.

Types of Non-Recourse Commercial Loans

Real Estate

The most common type of non-recourse financing is non-recourse real estate loans. In the case of real estate loans, non-recourse deals commonly stipulate that the borrower must pay back the loans with profits made after selling the real estate – which is a guarantee of payment. If the property is developed, but does not sell or does not make a profit, the real estate itself is often considered sufficient collateral.

SBA

Non-recourse loans secured by the SBA are traditionally used to help small businesses secure financing for fixed assets such as real estate, office facilities and sometimes equipment. To decrease the direct risk for lenders, the SBA assumes a portion of the risk  for the loan and guarantees to cover a percentage of a loan’s full amount in the case of borrower default. If a borrower defaults on a SBA-secured non-recourse commercial loan, the government, not the lender, is liable for the guaranteed portion of the loan.

Development

Another common type of non-recourse commercial loan are non-recourse development loans. Development loans are specifically for developing commercial property and often finance a project through its entire process. Development loan agreements usually state that the borrower must begin repayment once they have started earning a profit. If a project is not profitable or does not complete development, then the loan will often be considered defaulted. When a non-recourse development loan defaults, the property which was financed will then be seized as collateral.

Non-Recourse Factoring

Similar to  non-recourse loans, non-recourse factoring agreements stipulate that in the event an invoice cannot be paid, the factor is liable for the losses, not the customer. Non-recourse factoring agreements, however, tend to have higher fees and/or more restrictive terms because the risk is much higher for the factor. Factors are more likely to offer non-recourse invoice factoring services to customers who handle a large and constant flow of invoices and whose clients have good credit. Depending on a company’s size and invoice capacity, recourse and non-recourse factoring are both viable options. Lenders also may consider the size and volume of a customer’s invoices before offering non-recourse factoring options.

Non-Recourse Overview and Considerations

Non-recourse financing may be a misleading name for this kind of financing, as almost every type of non-recourse deal still allows lenders to seek recourse of some kind. Non-recourse agreements are almost always reserved for deals where lenders can recoup their losses without additional recourse. However, semantics aside, if you’re able to qualify for non-recourse financing it can be a great way to keep your business on the growth track. 

If you are interested in learning more about non-recourse commercial loans, speak to a Kapitus financing specialist who can address your unique situation.

corporate loans to suit your business situation

What Are The Best Types Of Corporate Loans

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Corporate loans are one of the most effective financing options for companies seeking to fund a new project or simply improve their cash flow. A corporate loan accounts for any kind of financing offered to a business, not an individual. There, however, are several kinds of corporate loans, all with their own terms and requirements. Exploring the various types of corporate loans offered to businesses can be massively advantageous to those looking to make the most of their financing.

 Commercial Loans

Commercial loans stipulate that funds distributed by a lender may only be used for business purposes. Commercial loans act as an umbrella term for several purchase-specific loans including commercial real estate loans. Commercial real estate loans can apply when financing any real estate purchase that will be used solely for business purposes; this can include general office spaces, retail locations and even apartment complexes. Commercial loans generally require considerable collateral from the business, almost always including the real estate or item being financed.

Commercial loans are generally reserved for larger companies since they are often used to fund large operations and have larger upfront costs.

Acquisition Loans

Acquisition loans are loans given specifically for financing a business’s purchase of a large asset from another business, or another business outright. Among the several types of corporate loans, acquisition loans often have the shortest window for both distribution and repayment. Acquisition loans, like commercial real estate loans, may only be used when purchasing an agreed upon asset, in this case another business or another business’s asset. Acquisition loans are often only given to businesses that do not have the liquidity for an acquisition but can meaningfully demonstrate to a lender that they have the capacity to take on the acquisition often through extensive collateral.

Term Loans

Corporate term loans are agreements between a lender and a business where a lender gives a specific amount of money with a fixed repayment schedule. Term loans are most often used for financing one-time purchases like equipment or vehicles, but they are also used as basic working capital. Term loans can have either a fixed or floating interest rate; floating interest rates will change depending on if an underlying index rises or lowers. Depending on the agreement, term loans can either be taken out in a single payment or in several smaller increments.

Revolving Credit

Similar to term loans, corporate revolving credit gives businesses access to a specific amount until the terms of the agreement end. Unlike term loans which pay out in capital, revolving credit allows businesses to draw and pay in the credit amount as many times as they like. Revolving credit is essentially a maximum loan balance that businesses can treat very similar to a line of credit, but revolving credit agreements are open-ended and do not have a specified end-date.

Self-Liquidating Loans

Self-liquidating loans refer to loans that finance projects, the revenue of which is then used to repay the loan. Self-liquidating loans are most often used by seasonal businesses or businesses with trackable busy periods. Self-liquidating loans can be used to buy inventory or machinery in preparation for a busier season. Once seasonal customers decrease and the need for working capital decreases, the business can use the increased profits made available by the loan to pay back their lender. To qualify for a self-liquidation loan, businesses often need to demonstrate through accounts-receivables records that their business has a cyclical busy season or many seasonal customers that would justify self-liquidation.

Asset-Conversion Loans

Asset-conversion loans act almost identically to a self-liquidating loan but are repaid by liquidating a business asset like accounts receivables, equipment, or inventory. Asset-conversion loans expect that whatever asset that would be liquidated to repay a loan is also put up as collateral. Asset-conversion loans, then, are traditionally in the amount equal to the value of the business assets put up as collateral.

Cash Flow Loans

Cash flow loans are used to fund daily operations like inventory, payroll and even rent. Cash flow loans are traditionally paid back with incoming funds. Before being approved for a cash flow loan, lenders traditionally consider a business’s accounts receivables and existing cash flow and then propose the terms of the loan to the business owner. Cash flow loans typically have more lenient credit requirements and require little collateral. Because of the loan’s higher risk, cash flow loans have comparably high interest rates and sometimes require blanket liens as part of the loan agreement.

Cash flow loans also have comparably high originations fees. The several increases in rate seen in traditional cash flow loan agreements come in exchange of the target business’s lack of assets or credit history.

Working Capital Loans

Working capital loans cover the same day-to-day expenses as a cash flow loan but are generally much longer agreements and used by larger businesses who may have cyclical clients or trackable busy and slow seasons. Working capital loans can last upward of 25 years especially when secured with a bank. Banks generally offer the most generous rates, but applying businesses must have a long-standing history of profitability, good credit, and a detailed history of positive balance sheets. To maintain liquidity during slow times, a working capital loan agreement may increase cash flow during and ease the burden of slower seasons. Working capital loans, then, are often reserved for businesses that can meaningfully prove to banks or private lenders that their existing assets, good credit, and long history of operation justify long-term financing.

Bridge Loans

Bridge loans, also called interim loans, are given to businesses often as a short-term loan before they secure long-term financing. Bridge loans essentially bridge a gap in capital so a business can reach a certain goal or new financing terms. Since bridge loans are created with a short-term goal in mind, the loan’s interest rates reflect traditional short-term financing; they have generally high interest rates and are often backed by collateral. An example of when a bridge loan could specifically benefit a business when acquiring new office space. A bridge loan could free up liquidity to purchase a new office space while the business owners wait to sell their old space. The most common corporate use of bridge loans, however, is when waiting on finalizing long-term financing. Bridge loans have comparably fast application-to-approval time in exchange for their higher interest rates and shorter terms.

 

Corporate Financing Options

With  several options for  corporate financing, businesses should do their research and determine which type of financing is best suited for their needs. For example: While commercial loans can be used for a wide variety of financing possibilities, more pinpointed, short-term financing like bridge loans or cash flow loans may better suit specific circumstances.

The most effective way to learn what corporate financing option is best for your business is to get in contact with a financing expert. If you would like to learn more about your options when seeking a corporate loan, get in touch with a Kapitus specialist who can address your unique situation.

George Washington on a dollar bill, mouth covered with default? sign

How SBA Loan Forgiveness Works

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Not every small business owner is going to succeed on their first try, as roughly 20% of small businesses, on average, fail in their first year of operation according to the Bureau of Labor Statistics. This past year has seen even worse with approximately 140,000 small businesses failing due to  the COVID-19 pandemic. 

It is important to learn from your business failure and move on. After all, as author Sinclair Lewis once wrote, “Failures are finger posts on the road to achievement.” So, if your small business failed to take off the way you hoped and you have an outstanding SBA loan, there is some good news: there are steps you can take to have at least some–if not all–of the loan forgiven. 

No matter what type of SBA loan you took on for your business, be it a 7(a) loan or an SBA Micro Loan, if you have defaulted on a payment, you should talk to an attorney who specializes in dealing with the SBA, and consider applying for the SBA loan forgiveness program.

But, before you begin the process, there are several factors to consider when dealing with a delinquent, non-PPP SBA loan:

#1 Renegotiating With Your Lender

If you miss an SBA loan payment but are still holding out hope for your business, you’re going to get charged a late fee, so it is important that you keep a record of your payments as some lenders might not even alert you when you’ve missed a payment. Lenders generally don’t like to lose customers or money, so they most likely will seek to collect from you before they contact the SBA.

Some lenders may attempt to renegotiate the terms of the loan by offering a new loan repayment plan. If your business has been struggling due to the pandemic but is ready to get back on its feet soon, this may be a viable option for you as some lenders may offer interest-only payments until a new loan restructuring is complete. 

#2 How Does it Work?

If your business is no longer viable and/or you cannot renegotiate with the direct lender and apply for loan forgiveness, the first thing you need to understand is that applying for it will not guarantee that the entire loan amount will be forgiven by the SBA.

Once you apply, the SBA will evaluate your case and step in only after the direct lender has made every effort to collect on the defaulted loan. Afterwards, the SBA may purchase back 50% to 85% of the loan, and then turn directly to you, the borrower, to pay back the remaining balance. If you cannot pay back the remaining assets in full, you can submit to the SBA an “offer in compromise,” wherein you agree to pay back some or none of the loan, depending on your circumstances. 

This is the area in which you need to consult with a finance specialist or attorney who specializes in SBA loans, because the attorney can argue on your behalf that your loan should be fully forgiven. If you cannot pay back the remaining portion of the loan that the SBA states that you owe, it may actually seize your assets, which obviously is not a pleasant option. 

#3 Drawbacks of SBA Loan Forgiveness

Applying for SBA loan forgiveness requires some unpleasant steps. 

  • First, you must dissolve your business entirely and liquidate all business property. This means selling everything related to your business, including equipment, computers, office furniture, etc. 
  • Second, be aware that asking for SBA loan forgiveness will make it difficult for you to obtain an SBA loan when you move on to your next venture.
  • Third, asking for SBA loan forgiveness will negatively impact your business credit score and, potentially, your personal credit score if you were the guarantor of your business. This will make it more difficult to raise financing from both traditional and alternative business lenders in the future.

#4 Would it be Better to File for Bankruptcy?

Every business situation is unique, but if there is truly no hope for your small business, chapter 7 bankruptcy may be an option to explore. This type of bankruptcy would allow you to keep your assets and stop collection on any outstanding debt from business credit cards and loans. 

It is also very complex and costly, however. Chapter 7 would require court filings, as well as follow any legal procedures required under the Small Business Reorganization Act of 2019, which was enhanced under the CARES Act passed in March 2020. Legal fees and court appearances will add up and a court may still decide that you have to liquidate some of your assets to pay off a portion of debt still owed to your creditors. 

Again, this is an option you should discuss at length with a bankruptcy attorney or finance specialist. 

Keep Moving Forward

Once your SBA loan has been forgiven or wiped clean, do not be discouraged. The day will come when you can try running your own business once again. Learn from your mistakes and come up with another great idea for a new business! Remember, financing options will still be available to you even if you need loan forgiveness or declared bankruptcy.

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