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Often, businesses that are organized, are run immediately by the
entrepreneurs, however, this should be discouraged. Because, until The
First General Meeting is held, the
company has not formally legally been organized to start operations.
The formation or incorporation of a business entity does not
immediately qualify it as ready for an operating business-entity. A
legally organized business becomes ready for operation only after
the necessary organizing formalisms have been executed. hence, the
entrepreneur is advised that until the formalisms have been
executed and particularly the First General Meeting is held the
company has not formally legally been formed to start operations.
Board of Directors
An entrepreneur should at least have an Advisory Board of
Directors for corporation, an Advisory Board of Trustee for Business
Trusts, an Advisory Board of Oversight for Limited Liability
Company.
Governance Documents Formalism
These Boards
should at least hold a and the object of such meetings is to
formally adopt the Guiding Policies on which the entity management
should base all decisions.
- First General
Shareholders Meeting in the case of corporations,
- First General
Beneficiaries Meeting in the case of Business Trusts,
- First General Members
Meetings in the case of Limited Liability Companies;
The minutes of the
meeting and other pertinent documents must be placed in the vault of
safe-deposit box of the entity, and left there except for
referential access.
Then the entrepreneur
should have the Directors sign the
Bylaws for corporations and Trust, or Members Agreement for Limited
Liability Company, and specially for Trusts [including Business
Trusts] the Beneficiary List and Distribution Plans.
The Policies should then
guide the development of the Company and Employee Rules and
Regulations to be used for the day-to-day management of the business
operations. In any case, for the start, a strategy must be adopted
for the business, and from that the tactics developed. The tactics
should be used to develop the information flow or overall
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Business Process as well as
the detailed Business Processes. The Business policies are then to
be developed from these processes and documented.
The program of these
meetings are generally guided by following the instructions in the
famous Roberts Rule. The entrepreneur should very carefully study
the book and comply with it.
One of the confusing
aspects of this is that the entrepreneur usually is wearing two or
three hats during the periods of these formalism and sometimes one
can and does get lost in the process. The entrepreneur may think of
self as a shareholder, an authorized person - that is the person who
caused the legal entity to be formed, and as a Member of the Board
of Directors. However, for clarity, the entrepreneur must recognize
that in the First General Meeting, the presence is only as an
authorized person. The various hats are finally worn as the
formalisms are carried out, as given by the rather
simple explanation. At the end of
the Meeting, then the business entity is deemed fully legally
organized.
Initial Capitalization
Very often, the
traditional approach to running a business is to go to the bank or
finance company and borrow money from such firm, put the money into
the new business, and pay oneself from the debt while building the
business. The person therefore is effectively an employee of the
business. this is a very serious mistake and every would be business
owner should refrain from this approach, particularly if the
business is a technology company. The reason is simple, under such
conditions all works performed belong to the company and therefore
can be confiscated by creditors and unscrupulous sharks who are out
to take what belongs to others, and there are many out there.
Instead, the entrepreneur
should prepare a contract with the company signing the document both
as the Chairman of the Advisory Governance Board and as an employee,
agreeing to work for the business while maintaining ownership of all
products and innovations until the business becomes viable as a
marketing conduit of the products and has effectively bought and
paid for the products. the salaries forfeited must be arranged to
match the salaries forgiven during the time-span of
development of the business. This arrangement quite effectively
protects the owners-employee during the Execution Phase of the
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business, which is the phase when most
businesses fail. the truth is that even the best laid plan goes
awry, and should that happens the business owner does not lose the
one's clothing. |