James Montgomery » buy sell business

San Antonio Business Lawyer

Fri, 11 Dec 2009 19:29:51 +0000

“After taking business transactions apart in the courtroom for more than twenty years, clients (and opponents) began asking me to work on their transactions from the front and prevent the ten most common problems from ever occurring in the first place.”

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I am the San Antonio business lawyer who works with people in buying and selling businesses, planning for the future, and to get out of financial trouble.

For the last thirty years, I have tried cases for plaintiffs and defendants in State and Federal courts from California to Texas to Delaware. I have been the advocate for individuals and small companies as well as companies in the Fortune 100. Those litigation cases have ranged from representing thousands of homeowners for broken plastic pipe in their homes to oil royalty disputes to breach of confidentiality agreements.

After literally taking business transactions apart in the courtroom for years, clients (and opponents) began asking me to work on the transactions from the beginning to try to prevent the problems from ever occurring. In that stance, I have helped buyers and sellers in the sales of businesses ranging from large retail stores and manufacturing facilities to insurance agencies. I have helped clients buy multi-million dollar, multi-story office buildings and and negotiate commercial lease agreements.

I work to improve the way my clients do business if that fits their goals. I help design corporate structures and business transactions to increase profit, minimize taxes, and make sure that assets are protected from lawsuits. Having filed many suits and obtain judgments, I have learned where the potholes will be.

My business advice programs are based on regular review and meetings in order to get to know the client’s business and plans in more depth than is possible in the normal “hire a lawyer only when in trouble”. It will cost a lot more for me to get you out of trouble than it would cost to keep you out of trouble in the first place.

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I have been named a SuperLawyer in Texas and featured in Texas Monthly.

My lawyer peers have granted me “AV” which is Martindale Hubbell’s (rating agency) highest peer rating for lawyers.

I have presented papers and spoken to audiences that range from service clubs to the State Bar of Texas Continuing Legal Education seminars. I was recently named Individual Finalist, San Antonio Ethics In Business Award, 2009 by the San Antonio Business Journal.

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Employee benefits can impact a firm’s valuation

Thu, 01 Sep 2011 20:50:39 +0000

When it comes to evaluating a business’ resale capacity, one of the most overlooked yet important aspects is to consider its health benefit policies.

As part of the valuation process, most would consider the health benefits program as a liability for a new owner. However, the type of health benefits given workers also indicates the management culture to a potential owner.
If a company provides excellent employee benefits, workers know their current regime values them as employees. Through the years, I have found that companies that provide their work force with a exceptional benefits program tend to have a “can do” culture on the job. For a prospective buyer, this factor carries an intrinsic value that typically adds value to their prospective company.
On the other hand, a firm that doesn’t have an employee benefits program or a rudimentary one demonstrates that the current regime doesn’t value its workers. While the savings from these programs looks impressive on a corporate balance sheet, it can indicate underlying factors that could create unforseen issues when a new owner takes over.

Employee benefits programs are in a kind of legislative limbo. President Barrack Obama’s healthcare reform leads many business executives to believe that every business must provide them to their work force. Yet, for those who want to build a business that has a higher resell value, having an effective one in place will truly increase its valuation.

The original of this article is at http://saenetwork.org/?p=1017

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Pedernales Brewing Company, LLC

Sat, 23 Oct 2010 15:50:52 +0000

Congratulations to

Pedernales Brewing Company, LLC

Lee Hereford, Managing Member of Pedernales Brewing Company, LLC, has announced that the Company has successfully completed its subscription of membership units in excess of $500,000 for creating and operating a small regional craft brewery in Fredericksburg, Texas. Pedernales Brewing will be manufacturing such brands as Lobo and Lobo Light. For more information on the Company, Mr. Hereford may be contacted at (830) 992-0004.

Montgomery & Associates, PC is proud to have acted as advisor and counsel to Pedernales Brewing Company LLC.

Have You Converted Your IRA To A Roth?

Roth IRA Conversion Deadline Approaching Fast

If you’ve been thinking of converting to a self-directed Roth IRA, it’s time to act. The conversion deadline is December 31, 2010. For 2010 only, if you convert an existing retirement account to a Roth IRA, you can split the converted income amount between 2011 and 2012, which means that you won’t pay any taxes in 2010 on the amount converted. Talk with your tax advisor or financial professional to determine what’s best for you. The previous income limit ($100,000) for converting a Traditional IRA to a Roth IRA was lifted as of January 1, 2010. Read more in this blog and consider attending one of our upcoming webinars on Roth conversion.

Hang out with Eagles and watch your business soar!

James Montgomery

www.jamesmontgomerylaw.com

Of Counsel:

Elms Harmon Macchia, LLC

7800 IH 10 West, Suite 600

San Antonio, Texas 78230

210-690-3700

210-568-4550

Past issues have been archived on jamesmontgomerylaw.com

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Raise Your Prices

Tue, 25 May 2010 15:45:49 +0000

Your Prices Aren’t High Enough?

OMG! Economy is in the pits. Your sales are down. And your prices aren’t high enough?

In yesterday’s Wall Street Journal, March 24, 2010, the article “Raise Your Prices” was on page R6. Here is a link

The article talks about the Four Steps in raising your prices:

1. Identify Value Opportunities

2. Set Priorities

3. Align Price and Value

4. Get Cooperation

Unless your product is just simply a commodity, you can differentiate, specialize and charge based on the value to the customer, not the time of production or the value to you.

Remember the plumber who charged not for hitting the water heater with a hammer, but knowing where to hit!

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The Montgomery Letter March 2, 2010

Thu, 18 Mar 2010 12:32:43 +0000

The tag line that I have on the back of my business cards is “Have Your Fired Yourself”.

If you have been following The Montgomery Letter, you have read the stories and advice about “firing yourself” from your business.

People usually laugh when they read that phrase because they are not really sure what I am asking them.

If you own a business, there are several ways to fire yourself and we are talking about freedom from the 60 to 70 hour weeks that many business owners find themselves doing EVERY week. When I interview prospective client business owners, we go through a series of questions about their involvement in the business. “If you take off a week, what will happen to the income of the business?” “Two weeks” “Three weeks”, etc.

Firing yourself can be implementing systems so that you only have to work 20 hours per week and do quality control rather than being the technician who actually does all of the work. The advantage here is that you keep good cashflow and the asset of your business.

Firing yourself can be preparing your business for sale or for transition to new management.

What “firing yourself” is really about is being able to have the time and the money to do the things that are important to you.

Let’s face it. Most people start careers and businesses to make money every month so they can pay the bills every month. Since the bills never stop, they continue with their careers and businesses. We are fully trained by society that that path is the one everyone follows.

Then you reach retirement age and suddenly you are retired. I was talking with a good friend at dinner the other night who mentioned that he now is facing mandatory retirement at a certain age.

So you are retired, now what do you do?

My point is simple. You need a plan, a business plan if you will, for how you will obtain time and money freedom. After all there is no rule that says that you are only allowed time and money freedom once you reach 55 or 60 or 67.

You cannot wait until then to have a plan anymore than you can suddenly decide you are going to sell your business in the next 60 days without making preparation.

Here is an interview with a financial planner who faced retirement and admits that she really can’t retire.

Read the story.

Hang out with Eagles and watch your business soar!