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Asset Protection Archives

How Safe is Your Portfolio of Trade Secrets?

Friday, March 20th, 2009

But first, you have to identify what your trade secrets are in order to figure how safe they are and how to protect them.

Entrepreneurs who incorporate a small business online do not pay much attention a lot of the time to this necessary process – especially overlooking intangible assets that, understandbly so, may seem to not have much value but in the end can be exploited by competitors and ex-employees to their advantage.

A trade secret is secret information that can be considered intellectual capital and thus, protected under the law. Basically, any method, formula, device, process or any other information that is generally unknown and kept secret and gives a business a competitive edge qualifies as a trade secret.

Unfortunately, many business owners do not realize the value of these trade secrets until it’s too late and its use to their disadvantage by a competitor

The point is clear – small business owners need to recognize the value of their intangible assets  and take the steps to adequately protect trade secrets and prevent their unauthorized use as soon as possible.

Trade Secrets: What are they and how do you protect them?

Monday, October 27th, 2008

Every successful business has intellectual property, or trade secrets, that should be closely guarded. These secrets can be anything from a method, formula, device, or any information that gives you a competitive advantage over your competition.

Trade secrets are not only important for your company’s growth, but its survival as well.

Examples of trade secrets include business plans, R & D information, inventions, manufacturing techniques to name a few. Each small business will need to sit down and identify their specific trade secrets they believe need to be protected.

Next, you should review the Uniform Trade Secrets Act and remember while every state recognizes some form of trade secret protection, the extent of that protection may vary from state to state.

Communication, as always, is vital to successfully guarding your trade secrets. Company policies need to be carefully outlined and access to trade secrets should be limited to those who “need to know”.

Online incorporation service MaxFilings recently added a series of informative articles on the subject. Start by looking at examples of trade secrets and if your small business has any, find out how to protect them.

Business Incorporation Terms – A Handy Glossary

Wednesday, September 3rd, 2008

Ever browse through online incorporation articles and blogs and get confused by all of the terms they use? Maintaining focus on your business is difficult enough so having to decipher what a particular word means can be a major headache.

This is one of the main reasons why MaxFilings maintains a handy list of business incorporation terms. In addition to providing online incorporation services across the nation, the business terms list provides concise explanation of many common phrases such as apostille, liquidity, quorum, and so on.

The glossary of business terms is a small but very helpful part of the Knowledge Center at MaxFilings, an extensive resource for small business incorporation.

So the next time you want to briefly know what “pass-through taxation” means, use the glossary of business terms as your first source!

Choosing a Name for Your Business

Thursday, July 31st, 2008

Naming your business may be easier said than done. When considering what to name the business, keep in mind that it should be short, easy to remember, and related to what your business does.

The process of naming a business involves various steps depending upon the entity type, some of which require approval from local and state authorities. MaxFilings, the online incorporation service , assists entrepreneurs with this process.

Below is a brief summary of business name requirements for the various business entities:

Sole Proprietorships and Limited Partnerships

No formal process required. Each is considered to operate under the name of the owner or partners. If the business will operate under another name, a fictitious name or a “doing business as” (DBA) affidavit is required in most jurisdictions. This informs local government and the public that the business is operating under an assumed name and indicates who the owner(s) are.

Limited Liability Companies and Corporations

These entities require a more formal process. The name is established when articles of organization are filed with the secretary of state. If the name is already in use, the articles will be rejected. However, calling the secretary of state’s office beforehand or using an online incorporation service such as MaxFilings can prevent such a delay.

Similar rules exist for both LLC’s and corporations. The name for a LLC is required to include “Limited Liability Company”, “LLC”, or some phrase indicating the business is an LLC. Terms such as “Corporation”, “Incorporated”, “Corp.”, “Inc.” or some phrase to indicate the business is a corporation. State statutes identify which terms can be used.

When Is the Best Time to Incorporate A Business?

Friday, July 11th, 2008

Is now a good time to incorporate? The answer to this question for the most part depends on whether your business is already operating or not. However, determining when to incorporate is relatively simple once you have made the decision to incorporate.

If your business is already operating, it makes the most sense for you to go ahead and incorporate in order to provide protection to your personal assets. Also, incorporating online  is simple and if done just prior to the end of year, you can save time and money by only having to file one tax return.

The question becomes a little more complex when you have not begun operations. If that will begin in the next year, you may want to wait in order to avoid paying taxes and fees for the current year

However, it can be beneficial to go ahead and incorporate online when you can devote your full attention to it. As your launch date nears, you certainly will have other important things to deal with. Another benefit to getting it out of the way is being more certain you can obtain the ideal company name. Waiting too long can put that at risk

So, When is the Best Time to Incorporate a Business? It depends and consulting with your attorney and accountant is suggested in addition to informative resources found here