© 2014 Ewing Marion Kauffman Foundation
© 2014 Ewing Marion Kauffman Foundation
FastTrac® | Planning the Entrepreneurial Ve
ORGANIZATION PLANNING
6
© 2014 Ewing Marion Kauffman Foundation 6_A
Factors
Control
Taxes
Liability
Ownership
Longevity of the business
Raising capital
Ease of set-up
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Legal Forms of Organization
Sole proprietorship
General partnership
Limited partnership
Corporation
– S corporation
Limited liability company
Nonprofit corporation
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Sole Proprietorship
Advantages
– Easy to form
– No legal documents required
– Income tax on individual return schedule C – Profits/losses pass directly to owner
– Entrepreneur is the boss
Disadvantages
– Unlimited liability
– Death terminates business – Limits ability to raise capital – Limits business deductions
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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General Partnership
Issues to consider:
Money contributions
Money distributions
Business liabilities
Experience, skills of partners
Exit, buy-sell agreements
Disagreements
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Limited Partnership
General partner(s) and limited partner(s)
General partner(s) have full liability
Limited partners
– Liability debts limited to investment – Limited financial obligations
– Limited say in management
– May receive favorable tax treatment
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Corporation
Advantages
– Limited liability – Creates stock – Increases ability
to raise capital
– Creates retained earnings – Enjoys continual existence – Is easier to sell
– Allows business
expenses deductions
Disadvantages
– Double taxation
– Corporate formation fees – Regulations
– Paperwork
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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S Corporation
Federal tax provision for a corporation
Taxed as partnership
Eliminates double taxation
Issues only common stock
– voting and nonvoting
Requires eligibility
– irs.gov
– Limit of 100 stockholders, U.S. citizens, no ineligible corporations
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
6_H
Limited Liability Company
IRS treats like partnership
Income is passed from LLC to members
Liability debts limited to investment
More flexibility than a corporation
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Nonprofit Corporation
Exempt from federal income tax
Prohibited from distributing net income to members, directors, or officers
Required to file for status with IRS
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Organizational Management
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
6_K
New CEO Driving force exits Human Resources Director
Chief Financial Officer
Marketing Director
Manufacturing Director Sales Manager
Chief Executive Officer R&D Director
Creator
Driving force Sales agents/distributors
Design companies/
engineers/subcontractors Advertising consultants/PR firms/
market research firms/college interns Accounting firms/CPAs HR consultants/employment agencies
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Board of Directors
Serves the shareholders.
Sets company policy.
Elects officers.
Has personal liability.
Provides significant experience.
Acts as a sounding board.
Attracts money sources.
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Advisory Board
Provides special knowledge/skills that entrepreneurs lack.
Brings influence in industry and community.
Incurs no personal legal liability.
Has no voting rights or legal power.
Serves at discretion of business.
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Employees
Use standardized employment application forms.
Screen applications before interviewing.
Check all references.
Develop and use job descriptions.
Comply with workplace laws: safety, insurance, discrimination, overtime, and more.
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Reward Systems
Effective rewards are perceived by the
recipient as a positive.
Effective rewards
actually encourage the desired behavior.
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
6_P
Creating Clarity
Purpose
Direction
Structure
Measurement
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
6_Q
Outside Resources
Attorneys
Accountants
Bankers
Business consultants
Marketing consultants
– Advertising/public relations agencies
Risk management advisors
Governmental agencies
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
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Outside Resources
Manufacturers’ representatives
Manufacturing subcontractors
Engineering or design firms
Distributors
Human resource consultants
Lobbyists
Import/export brokers
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
6_S
Management and Organization Plan
Legal Form of Business
Management Team
Board of Directors/Advisory Board
Recruitment and Selection of Employees
Compensation and Ownership
Employee Reward and Incentive Plan
Communication
Infrastructure
© 2014 Ewing Marion Kauffman Foundation FastTrac® | Planning the Entrepreneurial V
Run KC
Responsibilities of the owner/manager.
Which aspects of Tim’s background/experience qualify him to manage this business?
What types of experience/qualifications should he look for in future management candidates?
6_T