Mark Jordan
  Mergers, Acquisitions, & Enhancing Your Business January 2004  

in this issue

Control and Minority Ownership

Competitive Strategy

Background Checks

Owner Actions that Can Result in Personal Liability



Control and Minority Ownership

"Control" is an incredibly important and powerful quality of ownership. Conversely, lack of control is a materially impaired ownership position indeed. This is because control of a company refers to the ability to "control" the operations and activities of the business, such as who manages the business, what the company does, where it operates, compensation levels, whether profits are distributed to shareholders or retained in the company, and much more.

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  • Competitive Strategy
  •   Businesses come and go. Products come and go. What is the future of your business? Of your industry? The answer often lies in issues related to substitution, switching and switching costs. As a business owner, your future may hinge on your understanding of these concepts... which play into the larger theme of business strategy.

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  • Background Checks
  •   If you subscribe to the theory that having more data contributes to making a better decision, then the advantage of conducting background checks on your prospective hires is apparent. However, there are also legal considerations that make it worthwhile to attempt to obtain background information, even if the attempt is ultimately unsuccessful.

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  • Owner Actions that Can Result in Personal Liability
  •   One of the reasons business owners incorporate or form a limited liability company is to protect themselves from personal liability. For the most part, such protection is effective. However, there are actions that a business owner might take, innocently or not so innocently, that could jeopardize the position of safety.

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