Small Business Series #5: Why Should You Have an Exit Strategy?

Planning a policy to close your business may seem counter-productive to the effort you invest in maintaining the life of your small business, however, creating an Exit Strategy may be one of the smartest decisions you make, and you will thank yourself later for planning ahead. Creating an exit strategy does not necessarily mean you are planning to hang the “Closed” sign on your doors, and shut down permanently. Often, an exit plan is designed to set your business on course to sell to a buyer, pass on to family, or alleviate management stress from your own shoulders while maintaining the vibrancy of your business.

Keep Your Goals In Mind

Before you draft your exit strategy, envision your goals for yourself, and your business. Planning now creates more leverage for you, as the business owner, in how you wish to shift control of the business, and to keep your business in optimal condition for transfer. Consider the following:

  • How involved do you wish to be after the transfer of the business? If you prefer a clean break, or complete relief of your obligations to the company at the time of transfer, then selling to a competitor, or another buyer may be a good option. Conversely, if you wish to remain involved in the business after transfer, you may consider transferring to a family member, or employees to retain some control of the process.
  • Keep in mind your target buyer as you prepare to sell or transfer your business. Would you like to see your business retain the same, or similar identity and business functionality? You may want to keep employees or other small companies in mind as buyers. Selling to a larger, commercial company may have intentions to incorporate your business into their corporate identity, however, it may also ultimately be more profitable for you when you are ready to sell.

Prepare For the Essential Steps

Part of your Exit Strategy should include the steps you will need to take as you approach the transfer, or sale of your business. Exit Strategy steps generally include valuation of your business by an accountant, bringing your accounts as current as possible by collecting accounts receivable, and paying off business debt, and maintaining records as well as possible. It is helpful to hire an accountant, and a small business lawyer, to help you meet these goals. Additional preparation may include a plan for how you will delegate other responsibilities you take care of, and how you will notify employees and customers of your business transition to a new owner.

Whether you need a plan for implementation now, or much later, writing your Exit Strategy will give you piece of mind, and create a plan for your business to transfer to ownership on your own terms.   

Call Behrends Legal today for more information! (970) 578-9455, or

Small Business Series #1: The Foundation

You’ve decided to start a business – congratulations! As you bring your ideas to life, take steps to lay a strong foundation for your company. Intentionally tending to key tasks will set your business on a firm path as you prepare your business for growth.


As you consider various names for your company, invest research into whether other companies share the same or similar names. A strong, unique business name sets your business apart, and creates a commercial impression in the minds of the customers you are trying to reach. Even if you are not prepared to trademark your name at this time, research your local and community business names for similarities, and conduct a preliminary search on your Secretary of State website to find out whether the name you wish to use is available. Once you have committed to your business name, begin using it on your advertising, signage, printed materials, products, and online marketing. Begin building a strong reputation behind your business name, and hire a business law firm to file your trademark name registration as soon as possible.  


After selecting a business name, make your business formation official by electing your business tax structure and entity type. Some of the most significant steps to take at this stage include requesting an EIN, registration with the Secretary of State, and selecting the business entity type under which you will operate.

The entity structure you select depends on a number of factors including how many managers/owners there will be, decision-making procedures, and taxation preferences. Understanding the implications of the entity structure you select is vital as you establish your business, and can have significant consequences if the requirements of the structure you chose are not followed. The most common entity structures include Limited Liability Company, Sole Proprietor, Partnership, and Professional Corporation. Speaking with a small business lawyer can help you determine the best structure choice for your company.


Once you officially have your business structure in place, and have claimed your business name, create a plan that moves you towards opening day. Anticipate the initial expenses you will face and determine whether you can fund the initial costs, or will need financing. One of the most significant costs to new business owners is the investment in location. Your business space may include an office, warehouse, or storage. Do you need to rent space, obtain company transportation, hire staff, order inventory, or buy equipment? Identifying the tools you need for the day-to-day function of your business is essential to maintaining a realistic grasp of how quickly you can open, and whether you are more likely to need funding upfront, or need to consider financing before your business begins to produce profitable income.   

At Behrends Legal, we look forward to learning more about your business goals, and helping you create a plan to achieve them! Reach out today for your legal support needs. 970-578-9455.

This article is for the purpose of information only, and does not represent or create a client-attorney relationship. Please call Behrends Legal if you need legal advice for your business.

3 Reasons Why A Trademark is Valuable to Your Business

  1. Convey your message.

Today, brands are known through easily recognizable logos and names by using combinations of colors, words, phrases, and images we are familiar with. This helps people quickly identify who is sharing the message, selling a product, or offering a service. Think about the logos you’ve come to recognize such as that little piece of fruit that identifies a brand of phones, laptops, and other devices. Or the strong green man on the bag of frozen peas, or the happy, dancing pitcher of sugary drink selling a refreshing, fun experience. Logos not only indicate the source of the product or service, but can also evoke emotions from past experience, or memories, that encourage continuous use. Your brand becomes a powerful messenger for the product you are promoting.

2. Your customers recognize quality through your brand.

Your logo and tradename should be consistently used in all your business online advertising, product packaging, and storefront signage. Consistently seeing your brand name and design helps customers associate the quality of your product or service with your brand name.

3. Trademarks are valuable in and of themselves.

Planning for global reach should be part of your modern business plan, no matter how small or humble your business beginnings. The age of the internet, and use of online markets such as Etsy,  Amazon, and others, make products and services available to customers around the world. As your business grows, your brand logo becomes valuable in and of itself as a symbol that customers will look to for consistent quality, and value. When business owners look at the potential for purchasing a business, part of the purchase should include paying value for the brand and logo that identifies the reputation and customer loyalty your business has built.

Put your Trademark protection plan in place by calling Behrends Legal today!