Index
Tip: We suggest you check the Glossary for definitions related to items in this Index.
A
Acquisition of businesses 28, 65, 86
Agency law 26
Alternative dispute resolution 26, 94
Arbitration See Mediation and arbitration. Articles of formation 78
Attorney as business advisor 29, 70, 145
Attorney, picking one 21-39
B
B2C See Business-to-consumer.
B2B See Business-to-business.
Bankruptcy 64-65, 67, 91, 116-18
Bonds See Surety bonds.
Breach of contract See Contracts, breach. Bribes 26, 143, 158
Business dissolution 16, 86, 117-18
Business entity 22, 24, 38-39, 43-44, 68, 73, 78-79, 86, 93, 127, 130
Business estate planning 80, 114-16
Business hierarchy documents 81-82, 144
Business plan 16, 73-74, 79, 106-07, 127, 140, 142-45, 150, 159
Business processes 27, 31, 38, 47-49, 55-56, 65-68, 70, 75, 77-86, 89, 92, 99, 102, 105-08, 118, 130
Business sale or purchase agreements See Buyout or buy-sell agreements, Acquisitions of businesses.
Business tax year 79
Business-to-business (B2B) 87-88
Business-to-consumer (B2C) 87-88
Business trusts or wills 80, 114-16
Buyout or buy-sell agreements 65, 80, 86, 114-16
Bylaws See Operating agreement.
C
CAM See Common Area Maintenance.
C-Corporation 43-44
Cease and desist order 16, 111
Certificates 48-49, 56-57, 78-79, 87
Charitable contributions 44, 156
Checks and balances (accounting) 58, 82
CISG See United Nations Convention on Contracts for the International Sale of Goods (also known as the Vienna Convention).
Client tracking documents 83
Collateral for loans 106-08
Collections 22, 26, 30-31, 67, 84-85, 92, 108
Common Area Maintenance (CAM) 51, 53
Compensation, employee 60, 74, 81, 118, 135
Compensation, customer claims 16, 129, 132
Competing businesses 16, 23, 53, 58, 69-70, 81, 88, 125-26, 128, 143-44, 150, 152, 156, 161
Confidentiality 22, 61, 81, 85, 90, 95, 97, 134
Confidentiality agreements 22, 81, 95
Consumer protection 26, 58, 73, 85, 102, 130-32
Contracts
Bilateral vs. unilateral 98, 104
Breach 90-91, 94-95, 99-104, 128-30
Dispute 26, 28, 70, 78, 82, 85, 94, 98, 103
Elements of 97-99
Originals and duplicates 23, 95, 103
Practical tips for 95
Termination of employee 74, 82
Corporate minutes 78
Corporate structure See Corporate entities.
Credit agreements 56, 67, 85, 106-07, 118
Crime and corruption 26, 118, 140, 143, 153, 157-58. See also Fraud, Misrepresentation.
Customer claims and compensation 16, 129, 132
Customer service 14, 26, 67, 69-70, 74-75, 84-85, 88, 112, 119, 126, 134
D
Damages and equitable relief 16, 59-60, 90-91, 101-03, 127-32
Data protection 22, 61, 65, 134-35
Death, disability, incapacity 61, 80, 104, 114-16
Debt-driven reorganization 65, 67, 117 See also Bankruptcy, Insolvency.
Dissolution of a business 16, 68, 86, 117-19
Documentation, external 84-86
Documentation, internal 77-83
E
Employee compensation 60, 74, 81, 118, 135
Employee manual and policies 16, 74, 70, 81-82, 156
Employee performance evaluations 80, 82
Employment agreements 22, 27, 80-82, 89, 91, 103, 128, 143, 156, 158
Entrepreneur as custodian 59, 73
EPO See European Patent Office.
Equitable relief See Damages and equitable relief.
Errors and omissions 60, 129, 131, 134
European Patent Office (EPO) 47
Expansion of business 73, 106, 127
F
Filings 16, 21-22, 34, 43, 48-49, 84, 86-87, 118, 132
Flow charts 66, 82 See also Operational procedures.
Fraud 28, 61, 102, 104, 126-28
G
General partnership 43-44
Goods and Services Taxes (GST), Value Added Tax (VAT) 87-88
H
Health and safety 16, 56, 129, 157-58
Hiring employees 16, 23, 31-32, 66-67, 75, 118, 125, 157-58
Immigrants 153-59
Immigration law 153-154
Incorporating 44, 78, 112-13, 124, 140
Independent contractors 87, 89
Inheritance taxes 115
Injunction 103
Insurance 16, 28, 32, 52, 55, 57, 59-61, 63, 75, 80, 87-88, 112, 115-16, 1129, 133-35
Insurance, needs and types 59-61, 133-35
Intellectual property (IP) 22, 27, 31, 45-46, 48, 65, 75
International business plans 139-145
International trade regulation 148-152
International Commercial Law 148
Invoices 22, 70, 74, 83, 85, 92, 128 See also Orders and purchase orders.
IP See Intellectual property.
J—K
Job descriptions and performance standards 82
Kyoto Protocol See United Nations Framework Convention on Climate Change.
L
Labor 56, 66, 102, 106, 139, 143, 150, 154, 156-67
Landlord 28, 50-54, 91, 97, 100, 118
Lawsuits 21, 50-54, 91, 97, 100 118
Leases, key clauses 52
Leases, types 52
Lessee and lessor 50 See also Landlord, Tenant.
Letter of Intent (LOI) 98
Letterhead and disclosures 27, 85
Liability See Product liability, Professional liability.
License process 55-56
Licenses 38, 31, 55-60, 62, 68, 112, 118
Limited liability company (LLC) 43-44, 78, 113, 118, 124
Liquidation 39, 64, 67, 78, 86
Litigation 22, 29, 30, 65, 74, 82, 85
Living will for a business See Business estate plan.
LLC See Limited liability company.
Local laws and regulations 28, 62, 67, 75, 79, 93, 102, 118, 143-44, 147, 153-50
LOI See Letter of intent.
M
Malpractice 33, 126, 129, 131, 134
Market research 69, 112-12, 124, 139-45
Mediation and arbitration 26, 94 See also Contracts: dispute.
Memorandum of agreement (MOA) 95-96
Memorandum of understanding (MOU) 95-96
Minimum retainer 34
Misrepresentation 38, 103-04, 126-28
Mission and strategic vision statement 79
Mistakes 22, 28, 104, 123-25, 127
MOA See Memorandum of agreement.
MOU See Memorandum of understanding.
Mortgages, deeds 85
N
NAFTA See North American Free Trade Agreement.
Nationalization of business 146-47
Negligence 28, 59, 82, 102, 126, 128-31
Negotiation and compromise 26, 30, 36, 50-52, 54, 64-65, 68, 70, 91, 94-95, 98, 101, 103, 118, 126, 158
Non-compete agreements 16, 27, 81, 125
Non-disclosure/confidentiality agreements 22, 81, 95
North American Free Trade Agreement (NAFTA) 149
O
Operating agreement 74, 78, 80, 86
Operations 31, 39, 56-58, 60-61, 64-68, 74-78, 80-82, 86, 93-94, 105, 108, 124, 126, 132, 134-35, 143, 146, 157, 159
Order forms and confirmations 84
Orders and purchase orders 70, 74-75, 83-84, 86, 92-93, 95, 128, 142 See also Invoices.
Organizational chart 81-82
Outside counsel 30-31
Ownership certificates 78
P
Partnership 16-17, 23, 38-39, 43-44, 67, 74, 78-79, 81, 86, 114-16, 118
Patent Law Treaty 149
Patents 16, 27, 29, 32, 45-59, 103, 124, 149
Payment terms 85, 92, 106, 125
Plaintiff 126
PLLC See Professional limited liability company.
Product liability 16, 21, 28, 60, 126, 129-34
Professional liability 60, 134
Professional licenses 28, 55-56
Professional limited liability company (PLLC) 55
Property See Intellectual property, Leases, Real estate.
Protectionism vs. free trade 149-51
Q—R
Raising capital 22, 28, 64, 105
Real estate 22, 28-29, 31, 50-54, 56, 74, 85, 102-05, 107, 115, 131, 134
Recalls and defects 75, 129-31
Receipts 85
Record keeping 23, 28, 58, 68, 78-79, 82, 86, 91, 95, 123, 149
See also Contracts, Calendry; Documentation, external; Documentation, internal
Regulation 21, 27-28, 34, 36, 43, 55-58, 65, 67-68, 75, 78, 80, 84-85, 87-89, 134, 142, 144, 148, 152-54, 156
Reorganizing and restructuring 27, 64-68
Reseller certificates 87
Retainer 31-34
Return on investment (ROI) 83, 143
ROI See Return on investment.
S
Sale of business See Buyout or buy-sell agreement.
Sales taxes 87
Service agreement 36
Single taxation 44
Small claims court 90
Social networking 16
Sole proprietorship 43-44, 67, 118, 124
Standard books 82
Start-ups 17, 22-25, 30, 33, 38, 41-70, 92, 105-06, 117, 127, 150
Sublet lease 54
Suing and suits 23, 27, 39, 43, 100-01, 111-12, 126, 135 See also Lawsuits.
T
Tax advantages 44
Tax advisor 117, 140-41, 145, 149
Tax audits 28
Taxes 16, 27, 44, 51-52, 55-58, 67, 86-87, 112, 115, 118, 124, 139-40, 144 See also Estate taxes, Goods and Services Taxes, Inheritance taxes, Sales taxes.
Tax identification number 79
Tax status 79
Think like a customer 69-70
Trade quotas 152
Trade regulation 27, 144, 151-52
Trademark 16, 27, 45-47, 49, 124
Transfer risk via insurance 59
True retainer 31-32
U
UCC See Uniform Commercial Code. UNCITRAL See United Nations Convention on Contracts for the International Sale of Goods (also known as CISG or the Vienna Convention).
Unfair business practice 16, 126
Uniform Commercial Code (UCC) 26, 87-89
United Nations Convention on Contracts for the International Sale of Goods (CISG; also known as the Vienna Convention) 148-49
United Nations Framework Convention on Climate Change (Kyoto Protocol) 149
United States Copyright Office (USCO) 46
United States Department of Justice 141
United States Patent and Trademark Office (USPTO) 46-49
USPTO See United States Patent and Trademark Office.
USCO See United States Copyright Office.
V
Value added taxes (VAT) See Goods and services taxes.
VAT See Goods and services taxes.
Vehicle liability 60, 112, 129, 135
Venture capital 28
Vienna Convention See United Nations Convention on Contracts for the International Sale of Goods (CISG).
W-X-Y-Z
Winding down a company See Dissolution, Buyout agreement.
Work rules and conditions 16, 96, 143 See also Labor.
World Trade Organization (WTO) 148-49
WTO See World Trade Organization.