Removing the Rose-Colored Lenses of Starting a Business

Many entrepreneurs and small business owners begin their careers with a little too much enthusiasm and too little pragmatism.  They have on proverbial rose-colored lenses. The entrepreneur dream of being their own boss and all the benefits that go with it.  They fail to recognize that owning your business is hard work and long hours.  A new business owner has to overcome insecurity and self-doubt.  There will be friends and family members that will question the entrepreneur’s judgment when they leave the stable and secure job. Do not get me wrong, an entrepreneur needs optimism and enthusiasm to start. If they do not have them in sufficient quantity they will not make it very far.  The up and coming owner needs to look at the positives and negatives and boldly plunge into the world of entrepreneurship.

The problem is when it is unbalanced. The sad but true fact is that many fail. They aren’t able to make it past the first five years.  Businesses fail for all sorts of reasons.  It is often the things they do not see coming that derail you on your path to success.

However, taking a moment to plan for the future can go a long way towards success.  The entrepreneur needs to sit down with a consultant, attorney, or an accountant and have a discussion about things that can keep them from success.

I am not talking about a business plan.  Those tend to be more optimistic than pragmatic.  I am talking about more of a business dissolution plan.

An entrepreneur needs to have a very honest conversation about the things that can cause them to fail.  The five main things are: 1) death, 2) divorce, 3) disability, 4) dissolution and 5) disagreement.

Death

What happens if you die?  Is your business going to continue without you?  How about your partners?  What about your significant other and/or children?

Divorce

What happens if you and your significant other get a divorce?  How will the assets of the business be distributed?  Will the non-working spouse sign an agreement giving the working spouse the assets?

Disability

What happens if you or one of your partners become disabled?  How will the business continue?  Will the disabled partner be bought out of the business?

Dissolution

If things do not work out, how will it dissolve?  If you have partners, who is responsible for what?  How will the debt be distributed?

Disagreement

What happens if you disagree with your partners?  Who is the final decision maker?  If there are only two of you and the business is split equally who will have the final say if you disagree?

Final Thoughts on Business Dissolution Plans

It is not going to be pretty.  The conversation will be difficult.  You will learn things about yourself and about your partner(s) that you may struggle with, but it is more important that you have the conversation.  You need to discuss how you are going to handle the five D’s or you will set yourself up for failure.  A business dissolution plan is equally if not more important than a business plan.  The exciting part is that as you plan it will help you define your goals and develop a strong foundation that will yield income for years to come.  You will sleep better at night knowing that you have already made the decision.

For more tools and resources on small business see the SBE Council

NOTICE: The information on this website does not constitute legal advice and you should not rely on any information without seeking the advice of a competent attorney licensed to practice in your jurisdiction. This web site constitutes both a communication and/or solicitation as defined by California Rules of Professional Conduct, rule 1-400. For further information, please click here.

By |2018-01-28T12:59:31+00:00January 18th, 2018|Categories: Business Planning|Tags: , , , , , |0 Comments

About the Author:

Taylor Darcy was born in Utah and moved in the late 1980s to sunny Southern California. He has lived in places such as Alberta, Canada, Arizona, Montana, and Florida; however, he has always come back to the best weather on earth. Taylor is a graduate of California Western School of Law in San Diego, California, and a California licensed attorney. Taylor has an amazing wife and two beautiful daughters, he and his wife have recently welcomed a baby boy into the family. Taylor likes movies, cars, and motorcycles. When not practicing law, you can find him enjoying all that San Diego has to offer.

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