Tips for Small Business Owners: Assessing Your

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August 11, 2014 • An Advertising Supplement to the Los Angeles Business Journal
Banking &
Finance
Tips for Small Business Owners:
Assessing Your Banking Relationship
T’S always a good time for small business owners to reassess their company’s financial health
and their relationship with their bank. The
American Bankers Association offers the following
tips to help small business owners enhance their
current banking relationship or choose the best
bank for their needs.
Many small business owners have been wondering
what it takes these days to get a bank loan. One way to
influence your bank’s decision is to establish a personal
relationship with your banker that shows him or her
just how valuable your business is.
Banks value long-term, profitable business
banking relationships. Bankers reward these firms
by extending credit with the most favorable interest rates. These businesses and their bankers
understand that developing a meaningful relationship is a two-way process—your banker has a role
to play and so do you.
So how do you know if you have a meaningful
and valued relationship with your bank? To find
out, take the following “relationship test.”
Respond to the seven statements below with
“true” or “false.”
I
1 My firm has a bank relationship manager
assigned to our account and we have contact (by
phone or in person) at least once per quarter to
update the bank on recent developments at our
firm and within our industry.
2 Our bank relationship manager understands our
industry, our position in the industry, our firm’s
value proposition, where we are today and where
we’d like to be in the future.
3 We provide our banker with updated financial
information (historical and projected balance
sheet, income statement, cash flow information to
include projection assumptions and commentary
on actual performance) regarding our progress
toward achieving our goals on a timely basis.
4 Our senior management team meets annually
with our relationship manager and his/her boss to
discuss our firm’s financial performance and challenges and to understand the bank’s perception of
our performance.
5 Our relationship manager proactively brings us
ideas to help us achieve our goals.
6 We understand how the current economic crisis
has affected our bank and our relationship with
the bank (i.e., the availability of credit to our firm
and the safety of our deposits).
7 Our firm makes sure that our banker is aware of all
of our business with the bank (e.g., both business and
personal) and that it makes money on our total banking relationship. In addition, our firm provides our
banker with referrals to other profitable businesses.
If you were able to respond “true” to all seven
of these statements, you have positioned your
firm well with your banker.
If you answered “true” to five or six, you still
have room for improvement in developing a
meaningful dialogue with your banker and benefiting from his or her advice and counsel.
If you answered “true” to four or fewer, you
have not positioned your firm well with your
banker and are putting your firm at a competitive
disadvantage in terms of:
● Receiving the funds you need to grow and
prosper.
● Obtaining the best rates available for the
financial products and services your business
needs to operate.
● Receiving “ideas and advice” to help you
achieve your desired business goals.
Your firm should seek a bank that rewards a relationship approach to doing business with them, and
a banker who is able to give your firm the financial
advice that it needs to survive and thrive in today’s
ever changing economy. In return, your firm should
reward this bank with your business and loyalty.
Information for this article was provided by the
American Bankers Association.
This special advertising supplement did not involve the reporting or editing staff of the Los Angeles Business Journal.
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22 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL
AUGUST 11, 2014
BANKING & FINANCE
California Legislature Considering Amendment to UCC Article
9 Regarding Name of Individual Debtor
By Neil J. Rubenstein
HE California Legislature, in its current session, is considering an
amendment to Uniform
Commercial Code Article 9, that would
change the way individual debtors are
identified in UCC financing statements.
The proposed amendment is contained
in Assembly Bill No. 1858, introduced by
Assembly Member Henry Perea on
February 19, 2014. The amendment
would bring California into line with 40
other states, the District of Columbia and
Puerto Rico which have already enacted
similar legislation. As of July 30, 2014,
the bill had passed the California
Assembly and was pending in the Senate.
T
The Existing Rule and the Proposed Change
The Uniform Commercial Code says
that, when a financing statement is filed
to perfect a security interest in personal
property of an individual, the financing
statement is to be filed in the state in
which the individual’s principal residence
is located. It says that the “name” of the
individual should be stated on the
financing statement. The existing version
of Article 9 provides no guidance as to
what is meant by “name,” other than
that the financing statement must “identify the debtor’s last name.” Financing
statements are used almost exclusively for
business (as opposed to consumer) transactions. This lack of guidance for names
of individuals has led to confusion,
because the same person may use several
different names. For example, a person
may commonly use a nickname (Jon vs.
Jonathan) or use a middle name rather
than the first name shown on his or her
birth certificate. In addition, a person
may change his or her name as a result of
marriage, divorce, or otherwise, with the
result that a name shown on a particular
document may no longer be correct.
Also, because laws have been enacted in
recent years prohibiting the inclusion of
Social Security numbers on UCC financing statements, it is sometimes difficult
or impossible to determine whether a
particular name (e.g., John Smith)
belongs to the proposed borrower or
whether it belongs to an entirely different person.
This confusion frequently arises when
a lender considering making a secured
loan conducts a search to determine
whether a UCC financing statement has
previously been filed against the prospective borrower covering the property the
lender proposes to take as collateral. UCC
financing statements are indexed by the
debtor’s name, and searches are conducted by a computer search under the name.
For a search to be effective, therefore, the
lender would have to search under every
name the borrower has ever used. If the
lender is unaware of a particular name the
borrower has used, it would not know to
search under that name.
Assembly Bill No. 1858 would revise
California UCC Section 9503 to provide
that, if an individual has an unexpired
driver’s license or a DMV-issued personal
identification card (the DMV will only
issue one of those items to an individual), a financing statement identifying
that person as a debtor must, in order to
be effective, state that person’s name as
set forth on the driver’s license or personal identification card. If the person does
not have either an unexpired driver’s
license or DMV-issued personal identification card, it is sufficient if his or her
“name” is shown on the financing statement (which is the current standard).
Availability of Information About Driver’s
License/Personal Identification Card Name
Existing federal and California law
allow a lender to verify driver’s license
or personal identification card infor-
mation of this type. The federal
Driver’s Privacy Protection Act of 1994,
as amended, contains certain prohibitions on state departments of motor
vehicles from disclosing information
from state motor vehicle records, but
contains certain exemptions allowing
disclosure (a) to verify personal information submitted by the individual
provided that certain conditions are
satisfied; (b) for use in any, civil, criminal, administrative, or arbitral proceeding before a government agency; or (c)
if the affected individual consents in
writing to the disclosure (special
restrictions exist for “highly restricted
personal information,” defined as an
individual’s photograph or image,
social security number, medical or disability information).
Similarly, although California law
prohibits or strictly limits disclosure of
certain DMV information such as
information about a person’s address
or medical condition, and pictures of a
person, it does permit disclosure of
information to verify that an individual does in fact have an unexpired driver’s license or personal identification
card, and to verify the name on that
driver’s license or personal identification card if done in compliance with
the federal law. The DMV has established procedures for non-governmental “commercial requesters” and “casual requesters” to obtain information
from the Department of Motor
Vehicles of this type.
The Amendment is Desirable
The proposed Amendment is desirable
for numerous reasons, including the following:
● Most individuals who borrow
money for a business transaction have
either a driver’s license or personal
identification card, and have it readily
available. They are commonly used
means of identification, and thus familiar to most people. If the lender so
desires, the information provided can
be readily verified by reference to a
public record.
● The “correct” name to put on the
UCC financing statement, and the “correct” name under which to conduct a
search, will be easily ascertainable by reference to the driver’s license or personal
identification card, and will therefore
greatly simplify the process.
● The vast majority of states have
adopted this provision. Many transactions
cover multiple states or involve parties
doing business in multiple states. A uniform standard will significantly improve
efficiency and minimize the possibility of
mistakes.
Transition Rules
If enacted, Assembly Bill No. 1858
would be effective January 1, 2015. The
bill states that a financing statement
that was effective prior to the effective
date of the amendment remains effective until it would have ceased to be
effective had the amendment not taken
Neil J. Rubenstein is an attorney and a
Shareholder in Buchalter Nemer’s Bank &
Finance and Real Estate Practice Groups in
San Francisco. He testified on behalf of the
California Bankers Association in support of
Assembly Bill No. 1858 before the Assembly
Judiciary Committee and the Senate
Judiciary Committee.
effect. Thus, existing perfected security
interests remain so.
At expiration of a financing statement, any continuation statement necessary to continue the effectiveness of
the financing statement must contain
an amendment to the debtor’s name if
necessary to comply with the statute as
amended.
Credit Dos and Don’ts
know the power of credit.
Banks look at your credit history as an indication of your
future financial behavior. By using
credit wisely, you can build a good
credit history making it easier to get
loans with low interest rates, rent an
apartment, purchase a car or home,
and may even help you get a job.
DO read the fine print on the
credit application. The application
is a contract, so read it carefully
before signing. Credit card companies are very competitive so interest
rates, credit limits, grace periods,
annual fees, terms and conditions
may vary.
DO pay at least the minimum due
and contact your creditor if you have
trouble making payments. This will
help you to avoid late fees and a rising
APR. To pay off your balance quicker,
D
O
pay more than the minimum due. If
you are unable to make the minimum
monthly payments, let your creditor
know so they can work with you to
create a more manageable payment
plan.
DO be wary of anyone who claims
they can “fix” your credit report. No
one can legally remove negative accurate information from your credit history. The only thing that can fix a
credit report is time and a positive payment history.
DO order a copy of your credit report
annually. You have the right to know
what is in your credit report. The Fair
Credit Reporting Act requires each of
the three major credit bureaus to provide you with a free copy of your credit
report at your request each year. Your
credit evaluates you as a borrower and
needs to be accurate. To get a free copy
of your credit report, visit www.annualcreditreport.com.
DON’T feel pressure to get a credit
card. If you don’t want one, you have
the right to say “no.” Under the new
CARD Act 2009 consumers aged 18-21
cannot be solicited for credit. If you no
longer wish to receive prescreened
offers, opt out by calling 1-888-5OPTOUT (1-888-567-8688) or visit
www.optoutprescreen.com.
DON’T pay your bills late. Late
payments can affect your credit rating and increase your balance. If you
are unable to pay the minimum
monthly payment, let your creditor
know and they may be able to lower
your payments.
DON’T spend more than you can
afford. Credit is a loan and has to be
repaid. It is your responsibility to manage
your debts and to keep your commit-
ment with lenders. Avoid reaching your
credit limit or “maxing out” your cards.
DON’T ignore the warning signs of
credit trouble. If you pay only the
minimum balance, pay late, use cashadvances to fund daily living expenses
or transfer a lot of balances you might
be in the “credit” danger zone. Talk to
a financial counseling organization to
regain control of your finances.
DON’T share your credit card number. Never give out credit card or personal information if you have not initiated the transaction. Be aware of
identity theft and phishing scams that
ask for credit card numbers. If you
suspect that your identity has been
compromised, file a complaint with
the Federal Trade Commission by calling 1-877-ID-THEFT (1-877-438-4338);
TDD: 202-326-2502, or visit
www.ftc.gov/idtheft.
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AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 23
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24 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL
AUGUST 11, 2014
BANKING & FINANCE
A Closer Look at Financial Advisors and the Role they Play
a society that grows more complex every day, consumers are presented with the constant pressures
of family, career, and community
responsibilities and personal enrichment. The financial marketplace is
ever-changing with new laws, regulations, economic events, market
changes, product offerings and conflicting media messages. Making the right
financial moves at the right time is critical to achieving security and accomplishing personal objectives.
A personal advisor guides the financial
planning process: goal identification,
data organization, analysis, problem
identification, recommendations, and
most important - plan implementation
and results monitoring. Your advisor will
help you save, spend, invest, insure and
plan wisely for the future.
A Registered Financial Consultant has
met the qualifications required to serve
the public effectively, and moreover, is
committed to essential professional continuing education. You can’t delegate
your job, career, civic or family responsibilities - but you can obtain qualified,
professional financial advice and service.
I
N
What is the RFC Designation?
The Registered Financial Consultant
(RFC) is a professional designation
awarded by the International
Association of Registered Financial
Consultants to those financial advisors
who can meet the high standards of
Because there are no consistent licensing
requirements for the various persons who call
themselves “financial planners” the public has
a critical need for a method of distinguishing
the qualified and dedicated financial advisor.
education, experience and integrity that
are required of all its members.
The IARFC is a non-profit professional
credentialing organization of proven
financial professionals formed to foster
public confidence in the financial planning profession, to help financial advisors exchange planning techniques, and
to give deserved recognition to those
practitioners who are truly committed to
ethical standards and continuous professional education.
Because there are no consistent licensing requirements for the various persons
who call themselves “financial planners”
the public has a critical need for a
method of distinguishing the qualified
and dedicated financial advisor.
What is the purpose of the IARFC?
The primary purpose of the IARFC is
to provide the public with a convenient access to a pool of well-qualified
practitioners from which to choose a
personal financial advisor. It is the
only professional organization that
requires all of its members to meet
and document seven stringent requirements of education, experience, examination, integrity, licensing, ethics and
a significant amount of continuing
professional education.
RFC Examination Process
The comprehensive RFC examination covers a wide range of subject
matter; Priciples of Personal Finance,
Debt and Cash Flow Management,
Employee and Government Benefits,
Annuities, Securities, Investments and
Asset Allocation, Life, Health and
Casualty Insurance, Education and
Special Needs Funding, Estate
Planning, Survivor Income Needs
Analysis, and Retirement Income.
RFC continuing education requirements:
Each year the RFC must complete a
minimum of 40 units (hours) of professional continuing education. This
includes college courses, educational
symposiums, credentialing courses, distance learning programs and practitioner
conferences. Many RFCs are instructors at
colleges and conferences.
What about other professional
designations?
We hold the RFC designation to be
different and perhaps more encompassing. However, the IARFC does not assert
that many other professional designations or their organizations are inferior.
The public is not served by divisive criticism, but rather by dedicated and wellprepared professionals. Our goal is to
encourage professional conduct and collaborate between professional advisors,
with strong emphasis on the importance
of continuing education.
How does the IARFC maintain and publish
the credibility of its members?
The IARFC removes the designation
from anyone who fails to maintain proficiency through substantial continuing
education, or who betrays the public
trust by failing to live up to its Code of
Ethics or by having a professional license
revoked or suspended for misconduct or
any reason.
This article was provided by the
International Association of Registered
Financial Consultants.
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AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 25
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26 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL
AUGUST 11, 2014
BANKING & FINANCE
When and How to Sell Your Business
By Scott Rouse
HEN a wave of consolidation hits
an industry - a classic example
is funeral homes, but many others are developing — an independent
owner is forced into some choices. You
can sell, and join the trend, or you can
maintain your independence — and face
stiffer competition than ever before.
The consolidators have access to more
plentiful and more inexpensive capital,
and they benefit from economies of
scale. They can drive prices down when
they choose to seek market share.
It can be advantageous to be the first in
your region to sell to the consolidator. You
might get a higher price, and you might
be chosen as a “flagship” for the area.
Other acquisitions made in the region
would then come under your management — and you might enjoy acquiring
other businesses with someone else’s
money. If you delay, your profits might be
reduced by the impact of new competition, and you would have a less robust
business to sell.
The best advice is to be prepared. A
company making several acquisitions in
an industry is comparing managements.
Many well-run and highly profitable
businesses function perfectly well without a business plan, but professional
managers in public companies have such
plans, and today you can acquire software to help you accomplish the task for
about $100.
W
Overconfidence is the first mistake commonly
made. Buyers know the subtleties of mergers
and acquisitions; for sellers it is usually all new.
It is not an even match. So sellers should consult
lawyers and accountants early to understand
the tax and other issues that recur.
Documentation, like a business plan,
allows a prospective buyer to evaluate a
business more readily. The buyer’s focus is
on expected profits, and a business plan is
where you tabulate these projections. It
means less disruption of your business if
much of the evaluation of your business can
be accomplished off-site. And disruption of
your business can unsettle employees and
customers, and it can threaten its value.
Financial statements are central to any
discussion of selling a business. They
become more important than ever, and professional presentation will impress the buyer
and allow the transaction to proceed quickly. Audited or certified statements would
allow you to make the best possible impression, and might allow you to demand more
in cash at the closing (because the audited
statements reduce the buyer’s risks).
Mistakes Sellers Make
Overconfidence is the first mistake
commonly made. Buyers know the sub-
tleties of mergers and acquisitions; for
sellers it is usually all new. It is not an
even match. So sellers should consult
lawyers and accountants early to understand the tax and other issues that recur.
You can sell the assets of your business,
or you can sell the shares of your corporation, and the tax consequences are
quite different. Buyers typically prefer to
buy assets, and sellers typically prefer to
sell shares. You must consult professionals to understand, in advance, how
much money is at stake. You need to
know the tax treatment of payments for
a consulting agreement, or a non-compete agreement. The buyer is likely to
suggest that part of the price be attributed to such agreements, but the taxes
on these payments are higher than the
capital gains rates that usually apply to
the sale of the business.
Timidity can be another problem.
Sellers don’t ask buyers enough questions, especially about the financing.
Buyers often want to borrow part of the
purchase price from someone - usually a
bank, or the seller, or both. Notes owed
to sellers are almost always subordinated to bank debt, and the unsuspecting
seller does not discover this until final
papers are being reviewed. A seller who
expects to be owed money by the buyer
after the closing — for notes, payments
under a non-compete agreement, or a
consulting agreement — should understand the buyer’s proposed balance
sheet for the day after the closing. Few
sellers ask enough questions about the
planned financing.
Negotiations
If you want to sell your business,
you strive to get an offer in writing. It
is a key milestone towards the target.
But too early it is a problem. An offer
in writing routinely asks the seller to
accept within about two weeks, and it
routinely asks the seller to stop talking to other buyers. A seller should
not accept an offer before developing
a sense of what other buyers might be
willing to pay – and this takes time.
Take time to understand an offer thoroughly — is the buyer going to
assume the debts in your business, or
expecting you to pay them off out of
the price?
The best weapon of a seller in negotiations is a good, credible alternative,
another buyer or a decision to keep
Continued on page 28
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AUGUST 11, 2014
AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 27
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28 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL
AUGUST 11, 2014
BANKING & FINANCE
Continued from page 26
the business. The smartest sellers keep
the buyer guessing — guessing about
how interested they are in making the
deal, and at what price. They know
that getting too friendly too early (this
is tempting, and a natural instinct in
these circumstances) can be costly —
buyers won’t stretch to the top end of
their price range if the deal appears
“in the bag.”
Negotiations for the sale of a business extend beyond one day, and they
often last several weeks. After a handshake on the price, the buyer investigates the business, the due diligence.
The buyer can often point to some new
information and say this is a reason to
decrease the price. The seller is now
weaker than the buyer – the buyer can
walk away without stigma; the seller,
on the other hand, may be considered
“soiled goods” if the deal is not completed. This underscores the importance of doing your homework about
the buyer, and talking to others that
have dealt with them, before you shake
hands on a deal.
The stakes are high, financially and
emotionally. The best price usually comes
when the seller agrees to run the business
for the new owner for a few years. Then
price is not the seller’s only concern. The
working environment could cause
extraordinary stress, and exact a price of
its own.
Banking Survey Shows HSA Accounts
Provide Financial Flexibility for Consumers
new survey on health savings
accounts’ (HSAs) financial
activity shows that HSA plans
are a valuable financial tool for consumers, providing flexibility to cover
immediate medical expenses and to
save for future health care costs.
More than half (52 percent) of all
account holders spent more than 80
percent of their HSA funds for health
care expenses during 2012, according
to the survey conducted by America’s
Health Insurance Plans (AHIP) and
the American Bankers Association’s
HSA Council.
Since Congress authorized HSA
plans in 2004, AHIP has conducted
three surveys on HSA banking activity. This latest report measuring the
financial activity of more than 1.4
million HSAs shows consumers taking
an active role in managing their
health care dollars.
“This study confirms that HSAs
are being used as they were
designed: to pay for routine health
care needs and to save towards
future medical expenses,” ABA’s HSA
Council Executive Director Kevin
McKechnie said. “HSAs have the
advantage of offering consumers
A
greater choice and control over their
health care.”
Consumers rely on HSAs when
planning for future medical expenses.
More than half (55 percent) of all
HSAs received personal contributions
during 2012. While end of the year
account balances varied, roughly 80
percent of accounts surveyed had a
positive balance that could be carried
over to the next year to help pay for
future expenses.
“The health care needs of individuals and families are diverse, and HSA
plans offer consumers important flexibility and support to make the spending decisions that are right for them,”
AHIP President and CEO Karen
Ignagni said.
Key findings from the AHIP/ABA’s
HSA Council banking survey include:
● More than half (55 percent) of
all HSAs received personal contributions during 2012 and 44 percent of
the accounts received employer contributions. Of those accounts, the
average personal contribution was
$2,337 and the average contribution
from employers was $1,142.
● Fifty-eight percent of all
accounts had withdrawals during the
year. Of those accounts, the average
withdrawal during 2012 was $2,081.
● Nineteen percent of all accounts
had $0 available at the end of the
year. Thirty-one percent had $1 $499, 11 percent had $500-$999, 12
percent had $1000-$1999, 14 percent
had $2000-$4999, and 12 percent had
at least $5000.
To learn more about the value of
HSA plans, visit the Health Savings
Alliance at www.hsaalliance.org.
The American Bankers Association is the
voice of the nation’s $14 trillion banking
industry, which is composed of small,
regional and large banks that together
employ more than 2 million people, safeguard $11 trillion in deposits and extend
nearly $8 trillion in loans.
America’s Health Insurance Plans (AHIP)
is the national trade association representing the health insurance industry.
AHIP’s members provide health and supplemental benefits to more than 200 million Americans through employer-sponsored coverage, the individual insurance
market, and public programs such as
Medicare and Medicaid.
Scott Rouse is a freelance writer and
merger/acquisition specialist.
C A L L F O R N O M I N AT I O N S
The role of in-house counsel has never been more important or more
visible as companies face increasingly complex legal and regulatory
challenges. The Los Angeles Business Journal would like to acknowledge the significant role that in-house counsel plays in the success of
a business enterprise and recognize the accomplishments of leading
in-house attorneys within the Los Angeles business community.
Candidates in each category will be recognized for exceptional legal
skill and achievement across the full spectrum of in-house responsibility, exemplary leadership as evidenced by the highest professional
and ethical standards, and for contributions to the Los Angeles community at large.
Nomination Deadline: Monday, September 1, 2014
PRESENTING
SPONSORS:
Awards will be presented in the following categories:
• Public Company
• Government/Municipal/Public Sector
• Private Company
• Rising Star
• Nonprofit Company
To nominate for this event please visit www.labusinessjournal.com/bizevents,
or contact Mary Kaminski at 323.549.5225 ext. 213
email: [email protected]
GOLD SPONSORS:
Moss Adams LLP
USI of Southern California Insurance Services, Inc.