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Your Start Up Needs
by Andrew K. Jacobson

You have left your employer, and now you want to start your own business. What do you need to do to protect yourself?

First, find an accountant you trust, and knows your industry - even the most personable accountant is not worth the effort if she does not know your particular needs. Accountants not only do tax forms, they can also recommend specifics about your business. Below are some areas that you will need advice about.

Money, Money, Money. The secret of success of any business is making more money than it costs to provide the goods or services. You will need a good software program that will allow you to monitor your finances effectively. Quickbooks is renown as the easiest to use, but other software may be more effective for your business. Your accountant can advise you about what it most effective.

Form of Business. Should you be a "C-Corp."? An "S-Corp"? An LLC, a partnership, or a limited liability partnership? Your accountant can help. Once the form is chosen, you will need to memorialize the agreements made with any fellow adventurers, through by-laws, Membership Agreements, and the like. Remember this mantra: get it in writing. It is far cheaper to do it when everyone's memory is fresh, than to wait until there is a dispute, and lawyers have to be hired.

Employees. If you intend to employ anyone, you can hassle with the payroll forms yourself, possibly missing requirements that can earn substantial tax penalties, or you can hire a payroll service to handle the process for you. A payroll service is usually the way to go. Also, you will need an employee manual, to set the standards for your firm. (Get it in writing.) Ask your accountant for a good lawyer (or just contact this writer!)Insurance. One of the biggest needs is not always obvious. You will need insurance, of varying types. If you employ workers, you will need workers' compensation insurance, which has been expensive and difficult to obtain in California recently, even though it is legally required. You should also get general liability insurance, and product liability insurance if you create products. However, you need to protect yourself and the others in top management. Check out disability and life insurance. Life insurance, paid by the company on each of the top executives, can allow the dead executive's heirs to be paid off for the executive's interest in the company, without bankrupting the company itself. A good insurance agent can be of great assistance.

Real Property. Are you going to need space for your business? It is wise to start educating yourself as to the market and where you can locate. San Francisco, for example, is punishingly expensive, especially for a start-up with no cash flow. Is there somewhere else you can be and still serve your customers? A computer parts assembler may want to be within an easy drive of Silicon Valley, but space in the Valley itself is still expensive, even after the market crashed a few years ago.

Check other locations, such as Oakland or other parts of the East Bay, which did not participate as much in the Internet boom a few years ago.

Also, prepare for failure, as well as for success. Many landlords will expect the top principals to personally guarantee the leases, especially if it is for more than a month-to-month tenancy. Do not sign the first dotted line you see. Leave yourself an out, if you can.

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