Legally Speaking 
Mohajery & Associates, PC August 2010
In This Issue
Where in the World . . . ?
Getting Your Business Off to a Healthy Start
What is Orphans' Court?
Where in the World . . . ?

Temple of the Sun

From Australia it was on to China.  We packed a lot into the two days we spent in Beijing!  We visited the Temple of the Sun, Tienamin Square
 
 Temple of the Sun
 
and, of course, no trip to Beijing would be complete without a visit to The Great Wall of China . . . and, of 

Temple of the Sun

course, the Summer Palace and the famous Marble Boat!
 
Marble Boat
 
Photos from Xian and the spectacular Terra Cotta Army in the next issue!

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"Legal-ese" Speaking"
 
Business Plan:  A written plan setting forth the financial, marketing, demographics and proposed operation of a new business or business idea.
 
Guarantor:  One who guarantees that a debt will be paid or provides security for the debt.
Get Your Business Off to a Healthy Start
 
So many times we hear depressing statistics about the number of start-up businesses that fail within the first year or two.  While there are no guarantees, there are ways to help prevent that failure.
 
You should, first of all, build up a 'nest egg' equivalent to what you will need to live and maintain your new business for the first year.  You should not depend upon loans to finance your business and meet your living expenses.  Why?  Most businesses do not make money the first year so you will be depending upon the income from your new business to meet your loan commitment, support your business and support your family.  If you have put up your home as collateral for the business loan, you risk losing your home if you cannot repay the loan; if you finance your business with a credit card, you jeopardize your credit rating if you cannot repay the loan.
 
Make a business plan.  If you do plan to borrow money, the lender will want to know, among other things, the nature of your business, your business goals, your potential customers, your competitors and how you plan to distinguish your business from theirs, the demographics of your business, and your financial expectations (profits and losses) for the business.  The information is presented to the lender in a business plan.  There are various organizations which can help you with a business plan; e.g., S.C.O.R.E (www.scorepittsburgh.com), and the Small Business Development Centers (SBDC) at Duquesne University and University.  If you wish to prepare your own business plan, or even to familiarize yourself with the information required for a business plan,you can find a good outline at the S.C.O.R.E. website.
 
Do not spend money you don't have.  When I started my law practice, all I had was a second-hand desk, a telephone and a computer.  I worked from home until I could afford to rent space and, even then, the space was small and very inexpensive to rent.  I did not make purchases unless I had the funds on hand to pay for them.
 
Limit your liability exposure as much as possible.  If you are a sole proprietor or in partnership with someone, make certain to have adequate insurance.  You should speak with your insurance advisor to determine how much you need.  If you are concerned about exposure to personal liability, you may wish to consider forming a limited liability company or incorporating your business.
 
Pay your bills on time and maintain good records.  Your new business will need time to establish a credit history.  Until then, you may be required to sign a personal guarantee that a business loan will be repaid or rent paid on a business lease.  Paying your bills on time (or even early) and maintaining good records will go a long way toward building a solid reputation and good credit history for your business. 
 
Hopefully, the foregoing information will help you to start off on the right -- and healthy -- foot.
What is Orphans' Court?
 
The idea of a court for orphans originated in London in the 1st century, where its purpose was to protect the rights of minor children who had no fathers. (As women were not allowed to own property, mothers could not protect their children's rights).  Guardians of minor children and executors of estates of their deceased fathers could be compelled by the court to account for their handling of property which would pass to an male heir upon his majority.  The name "Orphans' Court" is actually derived from the general definition of "orphan" as one who lacks protection.
 
Today's Orphans' Court protects the personal and property rights of those who may not otherwise be capable of handling their own affairs; e.g., minors, incapacitated persons, decedents' estates, non-profit corporations and trusts.  The main focus of the Orphans' Court is to make certain that the best interests of those it serves to protect are not compromised.
 
Beginning Sept. 13th 
Monday Moorings
 
Join us on Monday evenings from 7:00-8:30 p.m. at our Aspinwall office for one, some or all of the 15 weekly workshops that begin on September 13th.  Each Monday Moorings workshop is designed to give you hands-on experience and practical solutions to anchor your business.
 
Cost: $20.00 per workshop 

SEATING LIMITED TO 15
 
FIND A COMPLETE LIST OF WORKSHOP TOPICS ON OUR WEBSITE AT www.aspinwall-law.com

Save $50.00 on Monday Moorings Workshops!  

Purchased individually, the 15 Monday Moorings workshops total $300.00.  Sign up by September 10th and pay only $250.00 for all 15 workshops!
 
 
Offer Expires: 10 September 2010