NEW YORK -- Tough times call for unusual measures. That's why you
might consider starting a small business.
Granted, a depressed economy may make you wary of shelling out money to start
up a business -- especially if your investment portfolio isn't in tiptop shape.
But certain considerations might make being an entrepreneur worthwhile.
If you're unemployed, you may have more time and opportunity to strike out on
your own. Also, because many others are out of work, you're likely to have a
greater selection of potential employees. And low interest rates mean that you
can borrow money more cheaply.
These benefits are partly why starting a business in a weak economy may make
as much sense as in a favorable one. You just have to know how to write a
business plan, decide upon a company structure and craft an exit strategy.
"During the good times, you have a paycheck and things are going well, so you
don't question what you want," said Garrett Sutton, the author of "Own Your Own
Corporation," a book published last year. "But when there's the possibility of
layoffs, you may start thinking about doing something else."
Indeed, the number of start-up businesses, as a percentage of the overall
population, usually rises slightly during recessions, according to Karen Kosanovich, an economist at the Bureau of Labor Statistics. The change is always
less than one percentage point, but the rise has been consistent in every
recession for the past 50 years -- excluding the current downturn, which has yet
to end.
But starting a business isn't easy. And keeping it running may be even
harder, as many small shops fold after a few years, according to industry
experts.
"They fail partly because they don't have a well-defined focus of what the
need is for the product," said Ira S. Newman, a Great Neck, N.Y., attorney who
provides legal assistance for small businesses.
About half of all Americans dream of starting their own business, according
to a poll conducted earlier this year by Harris Interactive. The survey was
conducted on behalf of Martindale-Hubbell's lawyers.com, an online legal
resource for consumers.
Entry, Exit Strategy
Those who want to be their own boss should think about their entry as well as
exit strategies.
To turn your idea into a reality, first write a business plan outlining what
your venture will be, how you plan to finance it and how you will make money
from it, among other considerations. This document may need to be presented to
banks and private corporations to help secure financing.
Then decide on a name for your business. But you need to make sure that it's
not already taken before plowing tens of thousands into marketing your company,
said Mr. Sutton, the book author and a lawyer in Reno, Nev. You can do an initial
search on the United States Patent and Trademark Office web site, at
www.uspto.gov,
but don't stop there. You may also want to consult an attorney who can do a more
comprehensive search.
Next, decide how to structure your business. This decision will depend
largely on whether you want to insulate your personal assets from future
creditors and what type of tax structure you're comfortable with.
Corporations, limited liability companies and limited partnerships shield
your personal assets while sole proprietorships and general partnerships will
put your personal assets at risk.
Taxation will also be a factor. Some businesses, such as limited liability
companies, limited partnerships and S corporations, aren't taxed at the
corporate level, only at the shareholder level, as income. On the other hand,
sole proprietorships, general partnerships and C corporations are
"double-taxed," or taxed at the corporate as well as the shareholder levels.
So why would you want to set up these latter types of businesses? Well, for
one, the sole proprietorship is the simplest business form, allowing the owner
to reap all the rewards, profits and debts. Also, you have more control of the
business in a general partnership than a limited partnership. And you have to be
a C corporation to go public, whether you incorporate as this or switch to this
business structure later.
Funding is another issue. Figure out whether you want to raise money through
family and friends, bank financing, securities offerings, a line of credit or
venture capital. Also consider what you may have to do to secure this funding.
For instance, the venture-capital firm might want you to set up in a certain
business form so they can take stock immediately, said Alan Kopit, a legal
adviser for Martindale-Hubbell's lawyers.com site.
But whichever method you choose, make sure that everything is in writing.
Even with family and friends, you should note whether this is a gift, a loan, or
a payment for a portion of the company.
"If the business is successful later on, you need to know what is the
expectation to the person that wrote the check," said Mr. Kopit.
Also think about exit strategies as soon as possible. This will provide you
with a plan of action in the event of unexpected circumstances or retirement.
Having an exit strategy may also help you attract investors, because they are
more likely to put money in your business if they know how to get out if the
company fails.
One exit strategy is a buy-sell agreement. It can guarantee that there'll be
a buyer for the business if a partner leaves, provide a first right of refusal
to the person remaining, and set out a sales formula to determine the price of
the company in case part or all of it is sold.
Another concern: employment issues. As your company grows, matters such as
stock options and employee agreements are likely to become a bigger concern. So
having a game plan now can make it easier to attract and retain employees later.
One resource that can walk you through the steps is the Small Business
Administration's Web site, at www.sba.gov.
This agency, besides providing loans, gives online information about starting a
business. Entrepreneurs can even get a referral for free counseling from the
Service Corps of Retired Executives, a nonprofit organization that partners with
SBA.