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August 2009 Business Newsletter
 

Vol. 1  No. 12

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In This Issue
New Temporary Loan
Mechanic's Lien
Lump Sum vs. Annuity
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     SBLS Invites You to Write to Our Newsletter Readers
     At Sivia Business and Legal Services, P.C., we understand that owning a business can be stressful. Responsibilities without number can consume the few working hours in your day. That's why SBLS sends out a monthly newsletter keeping our clients up-to-date on various laws and news affecting small business owners. If you have questions about these articles or would like to submit an article for next month's newsletter, please call or email our office.

Small Business Administration Announces New Temporary Loan Program
     The Small Business Administration has announced  a new loan program to provide temporary financial relief to small businesses suffering immediate financial hardship so they can keep their doors open and get their cash flow back on track.
     America's recovery Capital, or ARC, loan program started June 15 and offers small businesses up to $35,000 to pay off existing loans. The program was funded as part of the $787 billion federal stimulus bill earlier this year.
     The 100% SBA-guaranteed ARC loans are intended to help businesses make principal and interest payments on existing, qualifying debt or loans. Borrowers will not have to make any payments for the first year and will have an additional 5 years to pay back their loan. Only one loan per applicant is allowed, and potential borrowers must not have any existing SBA loans.
     To qualify, a business must have evidence of profitability or positive cash flow in at least one of the past two years and be able to show a change in its financial condition, "such as declining sales, frozen credit lines, difficulty meeting payroll, paying rent, difficulty making loan payments or perhaps something else," according to SBA.
     ARC loans are available through SBA-approved lenders as long as funding is available or through Spt. 30, 2010, whichever comes first. For more about ARC loans go to www.sba.gov/

Mechanic's Lien
     The Illinois Mechanics Lien Act offers  important protection to parties that provide services, labor or materials for construction projects under contract by granting them a right to record a mechanics lien against real property. The Act confers a right to claim a security interest in another's property and to assert a claim against the owner of that property when such parties may not otherwise have a legal basis for doing so. 
      A party will not be entitled to enforce a mechanic's lien until it has properly recorded a valid lien. The requirements for recording may differ depending on whether the party is classified as a "contractor" or "subcontractor."
     Even if a claimant has properly prepared its lien, the claimant will not be able to enforce its lien until the lien has been perfected. To properly perfect a mechanics lien, both contractors and subcontractors must record their liens within four months of their last date of work in order for the lien to be properly perfected. Subcontractors must comply with certain notice requirements. 
     A lien claimant must file suit within two years after the last date of work on the project. The lien will not be enforceable against third parties unless the lien is properly perfected as described above. The two-year time period may also be suspended or "tolled" if the owner files for bankruptcy.
     Subsequent to entering into its contract for the project, a party may waive its mechanics lien rights by way of a lien waiver. A waiver of mechanics lien rights does not waive a party's right to pursue its other remedies under the law.
     Unlike a lien on a private construction project, a mechanics lien on a public project is a lien on the funds due or to become due from the public entity to the contractor, not the underlying real estate. To perfect the lien claim, the claimant must notify the clerk or secretary of the public body of its claim.
     For assistance with recording and filing a mechanic's lien or other small business matters, call or email our office today.
Lump Sum vs. Annuity: The Choice is Yours
Presented by: Mike Seefeldt of Edward Jones

    Does your employer offer a pension?
If so, you'll want to be familiar with your payout options before it's time to start taking money out - because your choice can have a big impact on your retirement income.
   If you participate in a pension (also known as a "defined benefit" plan), you'll receive, upon retirement, a specific amount of money based on your salary history and years of service. But how you take that money is up to you. You have two basic options: You can accept the pension as a series of annuity payments, spread out over your lifetime or a certain number of years, or you can take the money as a lump sum. (Not all pension plans offer the lump-sum option, however.)
   Which option is better? There's no one "right" answer for everyone. But before you retire, you should go over some possible arguments for both choices. Here are a few to consider:

Choosing a lump sum
� Can help you avoid effects of inflation - In many cases, annuity payments are not indexed to inflation. Consequently, you're getting paid with dollars that are essentially worth less and less each year, while some costs - such as health care - may be rising at a rate faster than the Consumer Price Index, a common "yardstick" used to measure inflation. But if you take your pension as a lump sum, you're getting all the money in today's dollars.
� Can help you leave more to loved ones - Once you and your spouse die, annuity payments from a pension may stop. However, if you take a lump sum and then reinvest the proceeds into other securities, you may have more assets available to leave to family members.
� Can help you control when you pay taxes - Your annuity payments will be taxable. Your lump sum is also taxable, but if you roll it into an IRA, you'll have more control over when you take funds and pay income taxes, provided you are over 59

Choosing an annuity
� Can give you greater flexibility in managing retirement income - If you choose to accept your defined benefit payments as an annuity, you may be able to structure the payments to match your needs and goals. Your options may include a "straight-life" annuity that provides a monthly payment for your lifetime or a "joint and survivor" annuity that covers your life and that of your spouse. Or, you may be able to choose a "level income" option, which provides you with larger payments before you start receiving Social Security and smaller payments after. Another option may be a "period certain" payout; under this arrangement, you would receive a reduced annuity over your lifetime, but if you were to die during a specified period, such as ten years, monthly payments would be made to your beneficiary for the remainder of the ten-year period.
� Can give you more money over the course of your lifetime - If you live a few decades past your retirement date, you might end up with more money, in total, if you accept an annuity instead of a lump sum.

As you near retirement, consult with your financial advisor and tax professional to determine which option - lump sum or annuity - is right for you. You worked hard for your pension - so make sure it works hard for you.

Mike Seefeldt, AAMS
Edward Jones Investments
9 Ginger Creek Village
Glen Carbon IL 62034
mike.seefeldt@edwardjones.com
618-692-8052


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Sivia Business & Legal Services, P.C.
$50 Dollars Off Mechanics Liens
Preparation 
Sivia Business & Legal Services offers $50 off any new Mechanics Lien Preparation.

To schedule an appointment, call (618) 659-4499 or (618) 466-4490
 
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Offer Expires: 9/30/2009