Healthcare Forum and Webcast

On Monday, July 26th, the U.S. Chamber of Commerce [“the Chamber”] will partner with the National Federation of Independent Business [NFIB] and the American Action Forum [“AAF”] to host a forum entitled “Behind the Curtain: The Health Care Law’s Impact on Small Business”. The event will feature Washington experts and opinion leaders, as well as the entrepreneurs who run small businesses and create American jobs. Some of the highlights will include:

  • Senator Mike Johanns (R-NE), who recently introduced S. 3758, the “Small Business Paperwork Mandate Elimination Act”, a bill to protect small business owners from the financial burden of filing the endless amount of 1099 forms the health care law requires.
  • Scott Womack, an IHOP franchisee who has created 100s of jobs, who also crunched the numbers and has serious concerns about the effects the new health care law will have on his company.
  • Doug Holtz-Eakin, president of the American Action Forum . In the past he was Director of the Congressional Budget Office, Washington’s top budget prognosticator, and he also served as the Chief Economist on the President’s Council of Economic Advisers. He will be releasing a new white paper discussing the impact the new health care law will have on small business.
  • Bill Rys and Bob Graboyes of NFIB, James Gelfand of the Chamber, and Michael Ramlet of AAF. These policy analysts will discuss important provisions in the new health care law.
  • Benefits advisor Tom Christina (Ogletree, Deakins, Nash, Smoak & Stewart, P.C.) and two entrepreneurs, Joe Olivo (Perfect Printing, Inc.) and Eric Oppenheim (Burger King franchisee). This panel will discuss how the new law is affecting their businesses.

The Chamber, NFIB, and AAF will pull back the curtain on the new law, placing the spotlight directly on the entrepreneurs who will feel the financial and regulatory impact of the health care law – some of the people who constitute the nation’s real economic engine, who are the key to creating enterprise and lifting the U.S. out of the recession.

Click here to register for this free event (to be held at Chamber headquarters), or to view the webcast from anywhere.

9 Ways to Stay Worldly-Wise

I wrote an article for American Express OPEN on how to be a global small business.  Here is an excerpt:

What will the future of small-business entrepreneurship look like? Last summer, while traveling throughout Eastern Europe with a group of students, we got a good look at it in — of all places — a remote crystal factory in a rural area of the Czech Republic.
 
The artisans of Rückl Crystal make fine leaded crystal using age-old techniques. Although they compete with mass-produced glassware from China and Poland, Rückl has survived and thrived. How, you ask? It’s simple: It sells 80 percent of its products outside of the Czech Republic, to outlets across the globe.
 
Studies show that American small businesses lag behind their international counterparts in engaging in global trade. Part of that is due to a lack of knowledge about other cultures and economies.

You can read my nine tips on how to be a more worldly small business here.

Is Washington Poised to Create Yet Another Bubble?

Remember when the government pushed banks to lend to people who could not afford mortgages?  That’s right.  We had the housing bubble that first over inflated our economy and then led to its collapse.  We have all been suffering ever since.

Well, Washington is at it again.

It seems that Fed Chief Bernanke is pushing banks to more lend to small businesses.

Lack of credit is not the problem facing small businesses right now, so using a small business government induced stimulus is not the answer.  The latest survey of business owners by the NFIB clearly supports this.  They found that 90 percent of the owners surveyed reported all their credit needs are currently being met (or they did not want to borrow). 

If we push loans to small business owners, especially new entrepreneurs who are bad credit risks, we will create yet another bubble that will inevitably burst, sending our economy into an even worse decline than we have already been experiencing.  And since small businesses have almost always led the way out of recession, such a bubble will also make the recession last much, much longer.

More Evidence that Start-ups serve as New Job Engine

“These findings imply that America should be thinking differently about the standard employment policy paradigm. Policymakers tend to focus on changes in the national or state unemployment rate, or on layoffs by existing companies. But the data from this report suggest that growth would be best boosted by supporting startup firms.”  (Robert E. Litan, vice president of Research and Policy at the Kauffman
Foundation, on a new study showing the overwhelming role of start-ups as the job creation engine in the economy).

Time for an Adjustment of Attitudes and Expectations

I have been observing more and more business owners who, although their businesses have survived the economic downturn, seem to be losing heart.

The stress and strain caused by these difficult times has worn on them. But doing business in today’s economy requires a steady hand, a sharp eye and most of all — a calm mind. There are four steps that can be taken to help to cope with the emotional toll of being an entrepreneur in difficult times.

First, adjust your expectations. The growth in revenues and profits that you experienced during the good times may not return for quite some time, if ever.

Don’t burden your business with unrealistic profit goals. It is time to reset your personal budgets to reflect the new reality of what your business can generate for you in terms of income. Also, be patient and understand that it will probably take longer for you to get to retirement.

Creating wealth from your business will be a longer process that will take careful management and planning.

Second, celebrate each small step forward. Set short-term, realistic milestones for your business. What can you get done this week, this month, to make modest improvements in the performance of your business?

While you still may have big dreams for your business, take the time to enjoy the smaller accomplishments. For over time, it is those small victories that will lead to achieving your long-term goals.

Third, focus on the things that really matter. There is so much more to your life than your business. Work hard at being a good spouse. Strive to become a better parent.

Pay attention to your friends. Be a good citizen in your community. These are the things that ultimately define who you are as a person, not how big you can grow your business.

Finally, let go of the things outside your control. Even under the best of times, entrepreneurs who have been well trained in what it takes to start and grow a successful business still face about a 20 percent failure rate. Failure comes from many things that you cannot predict or plan for. Call it uncertainty, call it risk, or call it plain old bad luck.

The reality of 2010 is that entrepreneurs face much tougher odds. Nationally, the prolonged recession has led to skyrocketing business failure rates. And Nashville small-business owners face the added pressures created by the recent floods. For years, I have put a prayer on the syllabus for every entrepreneurship class I teach. It reads:

“God, grant me the serenity to accept the things I cannot change,
the courage to change the things I can,
and the wisdom to know the difference.”

It is known by many as the “Serenity Prayer,” but I like to call it the “Entrepreneur’s Prayer” as it helps entrepreneurs remember that the best course is to focus on those things that they can control.

While times may be tough, it’s still possible to truly enjoy the entrepreneurial journey.

(This post ran as a column this week in the Tennessean).

The Risk of Missing the Boat

This Quote of the Week is the best example of opportunity cost I have come across in some time:

“When you’re at a focal point of history, you don’t realize you’re at a focal point of history.” (Ron Wayne, co-founder of Apple Computer who sold his 10% share for 0 eleven days after the corporation was formed).

Source:  CNNTech.  Thanks to Andy Tabar for passing this along.

Breaking Up is Hard to do

When starting a new business, entrepreneurs are often brimming with excitement about the possibilities a new venture may bring. If the entrepreneur has partners, there is a collective air of anticipation, like a team in the locker room getting ready for the big game.

The last thing these entrepreneurs are thinking about is what will happen when the partnership ends. Remember this: Although you and your partners get along great as you set up your business, things can change. Partners may need to part ways for any number of reasons: One partner wants to retire; another partner is just ready to go in a new direction; fundamental business disagreements flare up; or the company must deal with the death or disability of one of the partners.

Whatever the reason, the rules of a partnership breakup require a clear understanding of how and under what circumstances the partner can leave, and of what that departure will cost the remaining partners.

Clear buy-sell language needs to be a fundamental part of any partnership agreement because it sets up the rules for the inevitable departure of one or more of the key owners.

The best time to set up a partnership agreement is when you start up the business. At this point, there is little to squabble over. The business exists only on paper, so finding a fair way to deal with an exiting partner is much easier.

While it’s never too late to set up a partnership agreement, the longer you wait the more complex and expensive it can get. Once there is real value in the business, it gets much harder to agree on how to structure the potential exit of one of the partners.

The best approach is to develop a framework everyone can agree on. It should include circumstances for a partner leaving (both voluntarily and involuntarily), mechanisms on how the exit will happen, a clear formula on how the business will be valued and plans for funding the buyout.

Do unto other partners …

Think about how you’d want to be treated if you were the one to leave. Too many entrepreneurs assume that they will be the last one in the business, and they try to find ways to “stick it to the other partners” if they leave first. This is the classic situation in which you should “do unto others as you would have them do unto you.”

Once the partners develop the structure of their agreement, get it formalized by an attorney. While partnership agreements cost money to create, it will cost you much more in legal fees to disentangle a business partnership that has no such agreement in place.

The death of a partner is best addressed using a buy-sell agreement funded with life insurance policies. This offers a pre-funded way of ensuring that the deceased partner’s estate does not become the new partner by default. It also puts in place a mechanism to make sure the deceased partner’s family is taken care of fairly.

These are difficult subjects to talk about, but the end of a partnership is one of the most important issues to plan for in a new business that has more than one owner.

(This post ran in today’s Tennessean).

Quote of the Week

“When under the pretext of fraternity, the legal code imposes mutual sacrifices on the citizens, human nature is not thereby abrogated. Everyone will then direct his efforts toward contributing little to, and taking much from, the common fund of sacrifices. Now, is it the most unfortunate who gains from this struggle? Certainly not, but rather the most influential and calculating.” (Frédéric Bastiat)

Banking Overhaul will Hurt Small Business

In their rush to control everything they can get their arms around in our economy, legislators in Washington may be moving toward a banking overhaul bill that will throw even more cold water on an entrepreneurial recovery for the economy.

The bill paints with a broad legislative brush, punishing small community banks for the sins of a few of the biggest national banks.  At the point when small businesses would be starting to grow in a recovery, provisions in this bill would render community banks would be much less able to help with financing.  Since community banks are the lifeline of small businesses, this does not bode well for any possible recovery anytime soon. 

From the Seattle Times:

Although small banks would be exempt from much of the overhaul, the
provisions that would apply would make it harder for community bankers
to serve their customers and to expand lending, financial-industry
groups say.

The proposed rules could overload many community and independent
banks, said Nancy Sheppard, chief executive of Western Independent
Bankers, a trade group in San Francisco.

As a result, she said, the massive overhaul would create difficulties
for two segments of the banking industry: the “too big to fail” and the
“too small to comply.”

The Fort Worth Business Press offers one example:

For example, the legislation will impose unlimited assessments on all financial companies, including home and auto insurers and property and casualty and life insurers. Even dentists and other healthcare providers, could fall under the bill because they often allow their patients to pay in installments. Rep. Nydia Velazquez, D – N.Y., chairwoman of the House Small Business Committee, has gone on record as saying that it is “more than likely” that small health care practices, such as dentists and physicians, would fall under the scope of the new regulator. She quoted from a recent Federal Trade Commission decision that said dental and law practices are considered creditors.

So, then, are plumbers, butchers, grocers, to name a few. And, one of the industries hardest hit in the economic downturn–construction–is very concerned about the bill. The Associated Builders and Contractors believes that another federal bureaucracy will lead to additional paperwork and record-keeping requirements for small businesses.

Here is an ABA summary of all of the potential detrimental impacts on community banks from this bill.