How the Internet Levels the Playing Field for the Small Entrepreneur with Big Ideas

A common theme among aspiring entrepreneurs is that they possess as many ideas as stars in the sky. You and your business partners spend countless hours preparing a “package” that you can show people in hopes that they will think your idea is great and will want to help. You and your business partners planned and thought of every possible, microscopic detail. You are very proud of your idea and your work, however, you soon realize that a big monetary investment is necessary in order to put you idea “into action.”

This is the point where most ideas fall apart. Getting financing is not an easy task. You can try the traditional channels (such as banks and other lending institutions), but chances are, unless you have vast amounts of experience, excellent credit, and a large amount of collateral, you will most likely not get the loan you sought. An alternative is to find “private money.” The problem with this is that many times private investors will want a large piece of your idea (by way of a percentage of gross revenue) or will want management control. You may agree to a “bad” deal if you are desperate and find that the investor is making more money than you! What are your alternatives?

This is the part when you may expect that I tell you how great the Internet is and how it has changed the modern business model. Well, it is true that the Internet is great, and it is true that the Internet has revolutionized modern business, however, many pitfalls exist that can make your Internet business awakening a real life nightmare.

First, the good. The Internet is a relatively inexpensive way to advertise your business. It allows many opportunities for an aspiring entrepreneur that would otherwise be closed off in a traditional business building model. The Internet allows provides a very large audience where you can sell your products. In other words, you are no longer restricted by state and international borders. The world is your oyster, so to speak. In addition to the advertising benefits, start-up costs are relatively inexpensive. Owning and maintaining a website is far less costly than owning (or leasing) and maintaining an office and/or store.

Now, the bad. The Internet can have many pitfalls for the inexperienced “webtrepreneur.” You have to be wary of the people you meet on-line. Many people will promise you gold, but only deliver lead. Make sure you do not jump into a “business relationship” on-line just because the other person delivers a good pitch. That being said, there are many sincere people on-line who will possess goods and/or services that may help you in your business endeavor. Feel these people out, develop a steady communication, and ask for credentials. Who knows, you may be able to build an important business bridge!

One of the biggest problems with Internet companies is that something may be wrong with your website code. In other words, your page may not be navigating properly, loading properly, or receiving and sending payments properly. In order to prevent these problems, you are going to have a website programmer, or some other computer savvy person on the payroll at all times. As inventory changes or new products come in, you are going to have to update your website in order to make sales. This is where your programmer comes into play. In may be costly at first, but losing business to lost sales due to website malfunctions, will cost you much more.
As a whole, the Internet has made it easier for entrepreneurs to pursue their dreams. Remember to weigh the advantage against the disadvantages. Take advantage of the benefits and avoid the pitfalls and you may find the success for which you are looking.

Characteristics of a Successful Entrepreneur

I could sit here and start rattling off random, “good sounding” characteristics (such as ambition, boldness, drive, motivation, etc.), but that does not really help you or me. Instead, I will tell you what I believe makes a “successful entrepreneur.”

First, a successful entrepreneur can do the impossible. He/she can make something out of nothing. Many people who start with nothing end with nothing. An entrepreneur does not follow this norm. No matter the disadvantages or set backs, a successful entrepreneur can change his/her situation to anything he/she wants it to be. A successful entrepreneur can change his/her stars.

Second, a successful entrepreneur knows how to seize opportunity. This one sounds easy, but in reality, many people let some of the best opportunities slide by unnoticed. Contrary to popular belief, “opportunity” does not magically appear at your doorstep (we should all be so lucky) and wait for your response. Opportunity is something that a person has to go out and find. You have to seek it out like a jungle treasure hunt and conquer the traps set along the way. A successful entrepreneur knows this and does this daily.

Third, a successful entrepreneur has to network. True, there are many “anonymous millionaires,” and although anonymous to you and me, they are not anonymous to the people that played a part in creating that millionaire’s wealth. You do not have to be world famous or have your own reality television show, but you do have to know a couple people in the particular “money making circle” of your interest if you want to achieve large amounts of wealth. Therefore, for example, if you want to develop real estate, it would be nice to know some contractors, other developers, some finance people, and even people at the various utilities companies.

Fourth, a successful entrepreneur knows when to walk away. There is going to be a time when you have to cut your losses. A successful entrepreneur knows when that time occurs. Remember, these are not the high seas. You do not have to go down with the ship! You may think that this characteristic contradicts the first characteristic I mentioned. However, the first characteristic relates to an entrepreneurs personal life and this point relates to business.

Last, once an entrepreneur has achieved large amounts of wealth, he/she gives back to those who have need it. A successful entrepreneur uses his/her wealth to help change the world for the better.

These are the characteristics of a successful entrepreneur.

Real Estate Career Revival Tips

Yes, I have a real estate license. Truthfully, I do not use it that often. I do a small deal here and there, but nothing that I would call a career. Why then, you may ask, am I writing a post about how to revive a real estate career? I am writing this post because reviving a real estate career is similar to reviving any career, you have to think like an entrepreneur! Why am I discussing a real estate career? I am discussing a real estate career because the housing market is currently a hot topic in the news, therefore, I thought the readers would be able to relate more to this post.

First and foremost, you have to love the career that you enter into, or at the very least, you must enjoy it. If you enter a career for the sole purpose of making a lot of money, but you hate your job, you will hate your life. In my opinion, making money is fun and there are infinite amounts of ways to do it. Why then should you settle for a job you hate but makes good money? Why not pursue a job you love and figure out a way to make a lot of money from that job? The point, if you do not like working in real estate, reviving your career is the least of your worries. If you do not like the job, find a new one!

Second, you are going to have to like to talk on the phone. Change your perception about things like “cold calling.” Do not think of it as a burden or an intrusion on the person being called. Instead, convince yourself that you are calling this person for the purpose of helping them make money or buy the property they always wanted. As a real estate agent, you are in the business of selling dreams. It may sound cheesy, but when you help somebody buy their first home or their dream home, you just made a huge impact in that person’s life, and I guarantee that you will get referrals from him/her. Get on the phone and sell people their dreams.

Third, be persistent. You may notice that sales begin to slump in markets like our current market. When this happens, you have to think of new approaches to get clients. Now is the time to start pushing the idea of investment properties. Sellers are desperate and need to get out of their homes, however, nobody is buying. This means that home prices are rapidly falling. In this situation, if you are a seller’s agent, concentrate on changing your primary clientele and represent more buyers. Change your business model for the time being and you will change your income bracket. Flexibility in different markets is key to survival.

Last, set goals. If you find yourself in a rut, set a short-term goal. Example: “I will help two people buy an investment property this month.” Two properties is not going to break the bank, however, the pecuniary gain is not the point. The point of setting a short-term goal is to create a sense of accomplishment and motivation for yourself. This way you will want to endure in this business, you will know the feeling of receiving a commission check, and you will want to have that feeling again!

Is the Mortgage Crunch Really a Bad Thing?

In my previous post Multiple Streams of Income: Real Estate as a Business, I discussed the real estate business as a potentially lucrative business for new entrepreneurs. Well, I am here to tell you that the time to strike is now.

News broke yesterday that the tenth largest mortgage lender, American Home Mortgage, filed for Chapter 11 bankruptcy. This fueled speculation that the mortgage market was in heavy turmoil. This is due to the fact that American Home Mortgage was not a sub-prime lender and because some of the company’s investors included some of the largest financial firms in the world.

However, even if this is true, real estate investors can still benefit from this kind of market. The current situation is that people cannot obtain mortgages. These people are not necessarily financially inept, but these people do have a problem (whether is be substandard credit or lack of a down payment) that prevents them from obtaining a mortgage and thus, owning a house. These people have two choices: they can either leave their current location, move to place where the cost of living is less, and attempt to buy a house at this new location; or these people can rent a home, condo, apartment, etc., until they can afford to buy. Due to considerations such as employment, family, friends, etc., most people choose the latter option.

How does this help real estate investors? If, as a real estate investor, you practice the Buy, Improve, Hold, and Refinance model, this current market is great news for you. As more and more people are unable to obtain mortgages, more and more people will be looking to rent. If you are the owner of an investment property, you should have no problem filling any vacancies, and because of the large influx of renters, you should also have no problem getting a premium rental rate.

What if you do not have an investment property? The good news is that you are not out of luck; the bad news is you will have to have great credit and probably a small down payment, but more of this in a minute. Another effect of this market is that people are having trouble selling their homes. Less people qualifying for mortgages equals less buyers. If we all remember back to Economics 101, we will know that the economy revolves around the principle of supply and demand. Right now, there is a far greater supply of homes than there is a demand. This means that you, as a real estate investor, can grab a property for less that its fair market value (if you have the right credentials a.k.a. good credit and a down payment).

Although the market looks bleak for some, the market looks great for real estate investors. Strike while the iron is hot and find a good investment property today!

How Much has the Office Changed Since our Parents Were Running Corporations

It is extremely amazing how much the face of running a corporation has changed. With the internet boom, the rise of computers, and the advancement of electronic technology, corporate governance has changed dramatically.

Things used to be very structured. You were to always be in the office before your boss and were to always leave after him/her. You had to always be in the office, period. All of the processes were slow and information took a very long time to acquire.

Nowadays, it is rare day when you are in the office. Most of the time communications to and from your office are done on a PDA, smart phone, e-mail, and or fax machine. Corporate employees today have to be movers and shakers. Corporations today support free thinkers; people who “think outside the box” are valuable assets to a corporation.

This is not to say that the way things were done on the past was ineffective. Many corporations became extremely profitable by doing things the “old way.” However, you have to admit that the average age of a corporate CEO has dropped dramatically. It used to be that you work for a company for 30+ years and you were slowly promoted through the ranks. Now, people in their early twenties are starting and maintaining profitable business empires.

Many things have changes, but no matter how many formalities change, one thing will remain constant in the corporate structure: the potential to make money.

Understanding Oligopolies

An oligopoly is much like a monopoly except that at least two firms or producers exist. The fear that exists with monopolies also exists with oligopolies except that oligopolies can work out better for the consumer. For example purposes, let us use the satellite radio market. Sirius and XM are the two biggest companies in this industry. I believe that a small Canadian satellite radio company exists, but for the most part, nearly all satellite radio subscribers use XM or Sirius.

Currently, XM and Sirius are in an oligopoly. These two firms control the satellite radio industry. However, because they are such fierce competitors, this works out well for the consumer. The radio base technology gets better, the content gets better, and the number of available channels increase, yet radio unit prices have stayed low and monthly subscription rates have also remained low. This is obviously good for the consumer because it gives the consumer a choice. Although only two firms exist, you can still choose between XM and Sirius.

Oligopolies can turn ugly when the firms that exist in such decide to team up and form a cartel of sorts. For example, if XM and Sirius agreed that each would charge its customers $30 per month, short of canceling their accounts, there is not much a consumer can do. This price fixing and taking advantage of the customer is what law makers fear. This is also what is prevented by disallowing monopolies.

Law makers fear that XM and Sirius, if merged, would create a monopoly and do bad things such as raise prices on subscriptions and radio units. Compared to a monopoly a competitive oligopoly seems great. Just remember, because so few firms or producers exist in an oligopoly, there always exists a potential for abuse.

Legal Considerations for Entrepreneurs When Starting a Business

Entrepreneurs will face many hurdles when starting a new venture and/or business. Many will be tempted to plow right into the matter without first researching laws and regulations regarding their particular business.

I am going to let you in on a little secret, many entrepreneurs are dead before they even make their first sale! Why, you may ask? These entrepreneurs are in trouble because they made the classic mistake of not seeking the help of professionals. If you, as an entrepreneur, have the requisite knowledge of the law to begin and maintain your venture and/or business without fear of having done something inconsistent with the law, then you should be fine. However, most new entrepreneurs will just start a business without thinking of the ramifications of a bad contract, a badly negotiated lease, failure to properly incorporate and or organize, and/or failure to obtain financial assistance (whether it an accountant, financial advisor, bank, etc.), to name a few.

The most popular excuse used by entrepreneurs is that lawyers and accountants cost too much. Using this line of thinking, these people try to handle complex legal and financial matters for themselves and, most of the time, end up with a problem that will cost more to fix than it would have originally cost to avoid the problem. These types of entrepreneurs practice “stepping over dollars to pick up dimes.” I suggest you not be one of these entrepreneurs.

Do not fall into a legal and/or financial pit that could have been easily avoided. Starting a business is not as easy as opening the doors to your shop. There exists many state and federal considerations (whether they are taxes, permits, licenses, incorporation or organization or registration, proper accounting, employee matters, and/or stock issues, to name a few) an entrepreneur needs to consider before “starting a business.” Do not ruin your business before it starts by avoiding proper legal and financial assistance.

Financial Hardship and Homestead Laws

Many of us have faced times of financial hardship. In the current economy, real estate prices are in the toilet. If you bought real estate at the end of the most recent boom, you probably have negative equity in your investment properties. Additionally, you made a common investment mistake by buying when the market was hot, however, that is a talk for another day.

Many people are unaware of homestead laws. Homestead laws protect your primary residence from a forced sale due to outstanding debt, property taxes, judgment liens, etc. In fact, here in Nevada, a recent Court decision stated that judgment liens are void against fully exempt homestead property. It is the most inexpensive way to protect a large chunk, if not your entire home.

Homestead laws protect a certain value (be it equity) in your home. If your home is worth more or you have more equity in your home than the law protects, your home could still be “forcefully sold,” however, you would get the proceeds from the protected amount.

Homesteading a property is easy and cheap (usually the cost to record a document at your county recorders office). Check out your local laws and county recorder or assessor’s office and see if a homestead is right for you. It is the best, most inexpensive way to protect you home.

Should You Obtain the Services of a Credit Monitoring Service?

As I have been discussing in previous posts, credit is a very important asset in today’s society. Differing views exist as to the overall importance of credit versus the importance of cash, however, supporters of the latter do not deny that credit can be a useful tool.

If you have credit, do you know how to protect it? As you may know, identity theft is one of the most “popular” (for lack of a better term) crimes to commit. Two problems exist with credit and identity theft. First, victims of identity theft have a hard time repairing their credit even though the victim is not the guilty party. Second, you are not aware you are a victim of identity theft until you try to make a purchase that requires a credit inquiry.

Many identity thieves use a different address when obtaining credit in the victim’s name. Therefore, the victim receives no bills, no late notices, and no phone calls about defaults and delinquencies. In the normal, everyday use of your credit card, you credit report is not inquired upon to see if you qualify for a purchase. Your credit report is only used if you intend to make a large purchase (such as a house or automobile). This can leave you “in the dark” as to any illicit credit activity for several months. In the meantime, your credit is literally being destroyed!

In order to prevent this, I use a credit monitoring service. The credit granting company I use offers such a service for $12.00 per month. It has every feature you can think of and gives me instant access to my full credit report and all three of my credit scores. I use this service because it will enable me to quickly identify any unusual information on my report, as well as show me if my credit score raising techniques are working. In addition to those services, the credit monitoring service also notifies me if any unusual activity is being reported on my report.

If you choose to obtain these services, make sure you follow some guidelines:

(1) Make sure the company is reputable. You are going to be giving this company all the information (including your social security number, your address, your birthday, etc.) it would every need to steal your identity. Make sure that the company has many safety features to prevent that from happening.

(2) A larger price per month does not mean better service or product. I have seen prices from $12.00 per month to over $100.00 per month for these services. Make sure you are getting some vastly superior product or service if you choose to shell out an addition $88.00+ per month.

(3) Make sure the service is easy to use and has a way to be immediately reached in the event that you notice suspicious charges on your credit report. You do not want to find something wrong and then find out that you have to submit a claim that could take weeks to process!

If you decide that these services are right for you, shop around, and find the best deal. Protect your credit now and you will be able to save yourself some frustration in the future. Think of this service as a necessary insurance in an identity theft rich time.

What are the Components of a FICO Score?

The Fair Isaac Corporation is the company the created the FICO score for credit. A credit score can range between 300-850. All three of the credit reporting bureaus (TransUnion, Equifax, and Experian) use a FICO score system, except each bureau calls their respective systems by a different name. TransUnion has EMPIRICA, Experian has the Experian/Fair Isaac Risk Model, and Equifax has BEACON. Do not be confused by these names. Although different by name, these credit bureaus’ systems differ only slightly in calculation.

Although the exact formula used to calculate a FICO score is unknown to the general public, the Fair Isaac Corporation has released the components used to calculate a score and their respective weight in the calculation.

35% of your score is based upon your Payment History. Late payments of all types are reported in your credit report. People are sometimes under the misconception that as long as they pay their credit cards on time, it does not matter if anything else (like your car payment, your cell phone, doctor bills, etc.) is late. This is far from true. Any late payment to a creditor can be reported in your credit report by way of collections, lawsuit, wage garnishment, attachments, lien, and judgments, to name a few.

30% of your score is based upon your Amounts Owed. This is called a debt to available credit ratio. Basically, if you have two credit cards with a $2,500 limit on each, your total available credit is $5,000. If these accounts are “maxed out” then this will lower your score. As a good rule of thumb, you generally want to have a total of only 30% of your total credit in use. Therefore, in this example, if you owe $1,500, you should be okay. Anything more, and you may be at risk of lowering your score.

15% of your score is based upon the Length of Your Credit History. This makes sense if you think about it. If you just got a credit card, there is no accurate way to gauge your creditworthiness. The longer you have credit, the more accurately lenders can determine the risk of lending you money. This equates into a higher score for you.

10% of your score is based upon New Credit. This does not mean that you should not open up any new credit cards. If you want more credit, do so sparingly. If you try to open and/or apply for a lot of credit at one time, it looks like you are in financial trouble or that you are going to be amassing a large amount of debt. Either way, it does not look good to lenders and can negatively affect your score.

10% of your score is based upon the Type of Credit in Use. Also referred to as a “mix,” this component looks to all the types of credit you have. Whether it is revolving, installment, mortgages, etc., a healthy mix will raise you score, although by very little. This component really only comes into play if you do not have many revolving accounts.

Cool Financial Calculator Website

I was reading some financial news yesterday and happen to stumble upon a really cool website. This website had any and every type and kind of financial calculator you could think of.

Every calculator was 100% free to use and could even be imported onto your website or personal profile page. And, when I tell you they have every financial calculator you can think of, I mean it! It is important to note, however, that using the calculators are free, but if you want to put one on your website, it is going to cost money.

The website is www.dinkytown.net. You definitely need to check it out. I do not believe that this website is really well know, therefore, if you do not feel comfortable as to the quality or accuracy of these calculators (I am not saying that they are inaccurate, and I have never had a problem with using them), www.bankrate.com is a pretty cool financial website that has a financial calculator option. Bankrate is not a pure financial calculator site like dinkytown.net is, but Bankrate.com is more popular.

Do Not Be Fooled By Incorporation Fees

If you are planning to form a corporation, you have many options as to where to form. You may know that Delaware is a popular state in which to incorporate. Put basically, Delaware laws are very corporate friendly. I will get into the specifics in another post. Back to the point, many states advertise that you should incorporate in their state because the fees are less than other states.

Although this may be true, you have to consider where you are going to be doing most of your business. For example, Nevada demands a relatively inexpensive fee to incorporate. However, if you are doing all of your business in California, and merely incorporated in Nevada to save on the incorporation fees, consider this; in order to do business in a state other than the state in which you incorporated, you have to file for a foreign corporation certificate. This basically means that you incorporated in another state and want to do business in the present state.

What is the big deal with filing for a foreign corporation certificate? A foreign corporation certificate costs money, and has a yearly maintenance fee. So before you incorporate in a state to “save money” think about how much the foreign corporation fee is and do some serious calculations to determine whether you are really saving any money!

Another popular advertisement by states is the tax advantage pitch. Some states have a smaller tax rate than others. However, money earned in one state is taxed in that state. Therefore, seriously weigh the advantages of forming out of state against the disadvantages, and do not be duped by “money saving” sales pitches that may end up costing you in the long run.

There is a popular saying among entrepreneurs, “do not step over dollars to pick up dimes.” I implore you to avoid doing the same thing!

Need More Money? Try Cutting Your Costs!

I had a unique experience yesterday afternoon. I was talking to a friend that was having trouble paying his bills. He was wondering how he was going to make next months rent payment (he lives in Los Angeles and thus his rent is very expensive), his car payment, his student loan payments, and all his other bills. He kept wondering and asking me how to make more money.

During our long conversation, I was amazed that he was considering getting a second job (considering he already worked 60 hours a week). What amazed me further is that he never considered cutting costs. His entire motivation was about making more money.

First, let me start that making more money is a great goal. The entire purpose behind this blog is to share knowledge on how to acquire wealth. However, wealth accumulation can be a long process. Absent hitting the lottery, millions of dollars do not come overnight. It takes hard work, dedication, and motivation.

Most people in my friend’s situation think one dimensionally. The problem presented in paying bills. They think “I do not have enough money to pay bills, therefore, I need to make more money!” This way of thinking is not incorrect, but it can create many problems in the immediate future. Let us say that my friend got a second job on his days off. I guarantee in a month, he would have no energy and his primary job performance would suffer, as well as his health and personal life.

An easier way exists. I told him he needed to cut costs. Cutting costs will have an immediate effect. I told him to stop going out to eat so much (he went about three times a week), brown bag lunch at the office, and stop buying unnecessary stuff. Additionally, I told him to contact his student loan office and ask for a month reprieve. I think that most student loan providers allow the payee to request a “month off” without penalty. Taking a month off will put him a month ahead on his student loan payment.

There are many other little costs he can cut that will add up big in the long run. My biggest piece of advice for him was to NOT form a budget. Budgets are too hard and people never stick with them. All I said was to keep track of the costs that you eliminated. This way, he will be able to see a noticeable difference in his checking account, and most importantly, he may not have to pick up a second job!

Adsense Revenue Sharing Websites

Many article submission websites exist. I have provided many of them in previous posts and many more are still to come. However, Adsense revenue sharing websites also exist. When you submit your articles to these websites, you also submit your Adsense publisher ID.

If you do not have an Adsense publisher ID, then you have to get one from Google by submitting you website for approval. Once approved by Google, you will get an Adsense publisher ID.

As you are all well aware, when you submit an article to websites, your rewards are backlinks, page hits, and reputation building. However, if you want to make any money, people have to visit your website. With Adsense revenue sharing websites, when you submit articles, Google Adsense advertisements appear next to your article. When a person clicks on these advertisements, you get paid on these clicks. For providing these services, the webmaster takes a percentage of the Adsense revenue, usually between 10-50%.

If you do not feel like sharing, then you do not have to submit to these sites and you can benefit from submitting to a traditional article submission site. However, submitting to both of these types of article submission websites will produce the benefits of both. Check out these sites if you want more information:


http://www.xpressideas.com/
http://www.articlecodex.com/
http://www.writingup.com
http://www.articletrader.com


http://www.articlewise.com
http://www.hotwebtools.com
http://technologyparent.com
http://www.arcade-game-online.com

Blogging News

Blogging is a great way to create income online. As I have written in the past, blogging can produce several income streams from the internet. However, blogging also creates an information stream for people. You would be amazed how much information you can obtain from reading blogs.

Before I attempted to create a revenue stream from blogging , I did a little research. At first, I randomly surfed around the internet. I found some interesting websites, but for the most part, these websites offered very little useful information. It was not until I started looking at blogs that I acquired relevant information about producing income online through blogging.

My goal was to create as much income as possible from the internet while spending as little money as possible. Blogging was my first and best choice. Blogging creates the benefits of a website without all of the liabilities.

Recently, an income stream used by bloggers has been criticized in the news. That income stream is blog advertising. Blogging purists and others believe that blog advertising is deceitful because the links to an advertiser’s product are “concealed” in the blog post. I do not agree with this criticism. More often than not, blog advertising companies require that you disclose when you are advertising in a post. Therefore, there are no hidden advertisements, nothing is “concealed,” and nothing is wrong. If these people do not want to make money off their blog, that is great. However, these people should not criticize others for trying to create revenue from information and/or thoughts posted on a blog. Nobody forces anybody to read blogs. Therefore, to all the critics out there, worry about your own blog and your own audience. You can keep your blogging “pure.” Just know that me and people like me are going to try to create a revenue stream from our blog.

What is the Purpose of your Corporation? – A Brief Look at the Doctrine of Ultra Vires

Many states have created a standardized document for forming a legal entity. These standardized forms were created partly to prevent lawyers from drafting and submitting extremely long incorporation documents and partly as a way to create ease of use for the general public. Most standardized forms contain a section for the name of the entity, the name of the resident agent, the name of the officers and/or directors, and a section for the corporate purpose.

We are going to take a closer look at the “purpose” section of an entity formation document. Today, lawyers generally use broad language such as, “any lawful purpose” in the purpose section of these documents. However, such was not the case many years ago. Incorporation documents used to be drafted with a very specific corporate purpose. As such, the doctrine of ultra vires was created by the courts. The doctrine of ultra vires was the cause of much litigation and judicial interpretation. The dictionary definition of ultra vires is “beyond the legal power or authority of a corporation, corporate officer, etc.” It is important to note that this doctrine, although traditionally applied to corporations, applies to all types of legal entities.

In plain terms, the doctrine of ultra vires applied to the “purpose” of corporate formation. For example, if a corporation was formed for the purpose of laying railroad tracks, that corporation could not engage in any other business. This makes sense if you think about it, but you can only imagine the limitations such a doctrine creates in this modern age. Today, corporations engage in so many different types of businesses and investments that if this doctrine was statutory majority law, instead of common law minority, you would see many more lawsuits due to a company’s participation in an enterprise that was not originally committed to paper in that pesky “purpose” section in the articles of incorporation.

The ultra vires doctrine was used both by the corporations and by other contracting parties. The problem with this doctrine is that it was easy to abuse. For example (using the same railroad laying track example above), if a corporation stated on its articles of incorporation that its purpose was to lay railroad tracks, the corporation was limited to pursuing only that business. Let us say that this corporation entered into a contract to manufacture railroad tracks. According to the doctrine of ultra vires, the corporation was prohibited from doing this. However, a court could only get involved if one of the parties complained. Therefore, as long as everybody got along, it technically did not matter that the corporation was conducting business beyond the limits of its stated purpose.

However, problems arise when a party wants out of the contract. For example, let us say that the railroad laying company is losing money on the contract for the manufacturing of railroad tracks. If the company wanted, it could get out of the contract by using the doctrine of ultra vires. It could argue that although it freely entered into the contract, it could repudiate the contract by stating that the doctrine of ultra vires prevented it from performing under the contract (in other words, the corporation was prohibited from manufacturing railroad tracks). The irony of this is that the other party that entered into the contract could assert the same thing if he/she/it wanted out of the contract. Basically, both parties in this example had a sure fire way out of a losing contract.

The dangers, pitfalls, and areas of abuse were wide. Additionally, you could see how this doctrine could create very unjust results. Two parties that freely entered into a contract could essentially screw the other if one was losing money. Due to this inherent unfairness, the doctrine has fallen out of favor. However, the doctrine is not nonexistent.

Lawyers combat this doctrine by creating a very broad “purpose” section. For example, as I stated above, usually lawyers use the “any lawful purpose” language when drafting a purpose section. However, you must be careful. Some state laws prevent the use of such broad language. Additionally, using broad language is not a guarantee against a lawsuit. Your safest bet is to know your local laws, draft broad purpose statements, and write a solid contract. So, for all of you entrepreneurs that want to form a legal entity, make sure your draft your articles correctly and carefully because something as simple as a “purpose” section can end up destroying a future contract!

Credit Score Loophole Closes

As we are all well aware, a good credit score is an important asset to possess. Not only does a good credit score save you thousands on interests payments, it is also an essential item needed to qualify for most loans.

It order to help out close friends and family (usually children), people put a specific person on their credit card as an “authorized user.” An authorized user is authorized to use the card, but is not liable for the card’s debt. Before recently, credit card reporting companies (Experian, TransUnion, and Equifax) did not distinguish between the original card holder’s credit record and the authorized user’s record. Therefore, for example, if the original cardholder had a flawless ten year record on a particular card, the authorized user receives the benefit of this flawless record regardless of the length of time the authorized user is on the card. The benefit to the authorized user is huge. These benefits to the authorized user’s report could boost his/her credit score upwards to one hundred (100) points. This practice is known as “piggybacking.”

This is all about to change. Recently, the Fair Isaac Corporation, the company behind the FICO credit scores, reported that it was going to stop giving these benefits to authorized users. It was reported that certain internet sites started selling the rights to great credit reports. In other words, people with great credit would sell the right for other people to be listed as an authorized user on their card. This caused problems for lenders because they were unable to accurately gauge the credit risk of a person. Due to these complications, the above action will be taken starting in September of 2007.

Fortunately, this is not all bad news. Although the authorized user loophole is going to be closed, a second person can still receive the benefits of another’s credit history by adding the other person as a “joint user.” Unlike an authorized user, a joint user is liable for the debt on the card. However, if you are a responsible credit user, the joint user should have nothing to worry about. The joint user still gets the benefit of the entire credit history of the original card holder. Therefore, if you want to give your kids, your spouse, your other family members, or your friends a credit boost, you still have the option to add them as joint users. This option could also help business partners.

Multiple Streams of Income: The Internet Part 10

Recently, there has been a large emergence of Adsense revenue sharing websites. The concept is simple. Like many other websites, you submit content (articles, videos, podcasts, blog entries, pictures, etc.). The difference with the regular websites is that the webmaster takes one hundred percent (100%) of the Adsense revenue. You get the benefits of backlinks, reputation, and traffic building, but you do not actually share in any of the advertisement revenue.

With Adsense revenue sharing websites, you still get the backlinks, reputation, and traffic building benefits of other content submission websites, however, these revenue sharing websites also give you a percentage (usually fifty percent (50%) or more) of advertising revenue. These websites are easy enough to find and usually have a submission procedure similar to the other content submission websites.

Here is how it works. For each piece of content you submit, you get one (1) point. The more content you submit, the more points you get. Usually, you have to submit a certain amount of content before you can earn your percentage of advertising revenue. The more content you submit, the more your articles will show up and thus the higher percentage you have of getting paid, and the more you get paid.

You may be wondering how these websites track your Adsense advertisements. All of these websites have a section where you submit your Adsense publisher ID. This may freak you out, but can be worth it in the long run. This is allowed by Google, and can be safe if you do a little research into the websites to which you are submitting. Be careful about who you give your Adsense publisher ID to because you do not want your ID to be misused.

Ultimately, the choice of whether or not to participate in these websites is up to you. These websites are just like other content submission websites except you can make more money. If you do a little research and make sure the websites are credible, you literally have zero risk.

I have one last note for you. Although other advertisement programs (such as Adbrite) exist, I have only seen revenue sharing websites use Google Adsense. Therefore, if you do not have a Google Adsense account yet, I suggest you get one ASAP. Sign up is easy and your website will be reviewed quickly. Just know that there is a waiting period before you get an Adsense account.

Piercing the Corporate Veil

Piercing the corporate veil is a fancy phrase that means that somebody or something is attempting to hold the shareholders of a corporation personally liable for the corporation’s debts. Veil piercing is not an easy task and requires many factors to be proven. The main inquiry is, “has the corporate form is being misused?” If it is concluded that the corporate form is being misused, the court will disregard the corporate entity and hold the shareholders personally liable.

Each state has different factors that in considers in determining whether to pierce the corporate veil. It would be inefficient to list all the various laws from all fifty (50) states, however, I will discuss some common factors.

Undercapitalization is a commonly considered by most states. Undercapitalization means that the corporation was not equipped with a reasonable amount of capital for the nature of the business involved. What is reasonable? If there was a clear answer to that, there would not be a need for lawyers! Reasonableness depends on many factors including type of business, size of business, etc. If a corporation is undercapitalized, this weighs in favor of the court piercing the corporate veil.

Another commonly considered factor is the failure to observe corporate formalities. Like I stated in previous posts, failure to observe corporate formalities will tip the scales towards the court piercing the corporate veil. Corporate formalities need to be observed by all corporations (except a close corporation).

Lastly, most courts consider whether a corporation was used to promote fraud, injustice, or illegalities. Let me put it this way, if you use the corporation to engage in illegal activity (for example, defraud somebody out of money or other valuables) the court will most likely pierce the corporate veil.

It is important to note that these are just some of the commonly considered factors. Every state has a different set of factors, therefore, check your local laws. Also, no one factor is controlling. Therefore, veil piercing does not turn on the absence or presence of a single factor. Last, even though no one factor is controlling, the factors are not weighed evenly. Factors such as illegal use weigh more than whether or not corporate formalities were observed.

Once again, this post is intended only to give you a brief overview of some corporate issues and in no way constitutes legal advice or a legal opinion. Always consult a professional before attempting anything stated above.

The Corporation

The corporation is probably the mother of all limited liability entities. The case law is vast and the complexities are many. However, a corporation can be a great business form if you know what the differences between the various corporations are.

As I stated in a previous post, corporations are subject to double taxation. A dollar earned by the corporation is taxed once as a corporate earning and then taxed again upon distribution to shareholders. However, this is not true for all types of corporations. An S-corporation (named after sub-chapter S in the relevant IRS code) is a pass-through entity. This means that the corporation is taxed as a partnership. Therefore, no double taxation! Unfortunately, with benefits come disadvantages. I do not have the code book open in front of me, but I think some of these disadvantages include, amongst other things, limitations of the number of investors you can have (I think you can only have seventy-five (75) investors for an S-corporation), and limitations on who can invest (no other entity, such as another corporation or limited liability company, can be a shareholder).

Keep in mind that when you form your corporation with articles of incorporation, filed with your Secretary of State, you do not form an “S-corporation.” Subchapter S status is received from the IRS, not your state! However, some states require that you state your intention to be an S-corp. in your articles of incorporation. Therefore, check your local laws!

A close corporation is the same thing as an subchapter S corporation, but with stricter limitations (for example, I think some close corporations can only have thirty-five (35) investors). A great advantage exists with close corporations. Close corporations do not have to engage in corporate formalities. Why is this important? When somebody sues the corporation and tries to pierce the corporate veil (meaning the claimant is trying to “pierce the veil of limited liability” and hold the shareholders personally liable), one factor, of many, the court considers in determining whether to pierce is whether the corporation engaged in corporate formalities. If a corporation engaged in corporate formalities (conducted annual meeting, recording minutes, etc.) this supports the conclusion that a corporation did not misuse the corporate form and, therefore, is less likely to have its “veil” pierced. If you have a close corporation, corporate formalities do not have to be conducted, and a court cannot hold that against you should any lawsuits arise.

A closely held corporation is a term of art. There is no special filing or advantage to a closely held corporation. A closely held corporation is one in where the shareholders and the directors are the same people. Usually about five shareholders will exist, and each will also be a director, if not also an officer, of the corporation. In case you are wondering, shareholders elect directors and directors elect officers.

This post is intended to give you a brief overview of some of the corporate forms that exist. Like always, check with a professional before trying to form one of these entities by yourself.