1. Is the business operated within an entity to maximize protection of the owners from liability, such as a Corporation, Limited Liability Company, or Limited Partnership?*
Yes No
2. Was the company's incorporation completed, stock issued, information minutes prepared and so forth?*
3. Are there written agreements among the owners covering possible problem areas, such as: buy-out plans, succession, sale of interest, and so forth?*
4. Since the business was formed, has it kept proper organization records? Annual meetings, board meetings, resolutions, and so forth?*
PART 2 - MAINTAINING PROPER LICENSING
5. Does the business have a current city business license?*
6. Do you have all required professional licenses kept current; i.e., State Contractor's License Board, Department of Real Estate, etc.?*
PART 3 - CONTRACTUAL PROTECTION AGAINST UNWARRANTED CUSTOMER CLAIMS
7. Does the business use a written contract with its customers to clearly define the rights and responsibilities of each party?*
8. Have your contracts been recently reviewed by legal counsel to make certain that they included the state of the art language to protect you from liability?*
9. Do your business contract s take advantage of other legal protections available to the business such as: Statutory limitations on liability, limitations on warranties, indemnification, claims procedures, contractual restrictions on filing suit, and so forth?*
10. Does the business have defined procedures in place when dealing with complaining customers?*
PART 4 - VENDOR ISSUES
11. Does the business use its own written contract with its important vendors?*
12. If vendors provide their contract to your business for signing, has such contract been reviewed by your legal counsel prior to its signing?*
13. Does the contract include limitations on liability, warranties and indemnifications?*
14. Can the business document problems with vendors if necessary and steps taken to correct any problems?*
15. Is the vendor required to provide insurance?*
PART 5 - COMPLIANCE WITH GOVERNMENTAL REGULATIONS
16. Do any governmental agencies regulate the business (e.g., federal, state, county, city, regional or special district)?*
17. Do you have procedures in place to make sure you remain in compliance?*
PART 6 - EMPLOYMENT PRACTICES
18. Does the business have an employee handbook that is kept current?*
19. Are proper procedures in place to guard against discrimination, harassment, and other illegal actions by employees?*
20. Does the business properly document employee hiring, discipline and firing decisions?*
21. Does the business comply with the Americans With Disabilities Act, OSHA,and bage and hour laws?*
PART 7 - PROTECTION OF TRADE SECRET INFORMATION
22. Does the company have a program in place to protect its valuable business information information (e.g., patents, copyrights, trademarks, trade secrets, customer lists, etc.)?*
23. Are registered trademarks being protected against infringers?*
24. Does the business have and use nondisclosure agreements with its employees and other parties?*
25. Is all confidential or trade secret information labeled as such?*
PART 8 - TAX MATTERS
26. Does the business properly pay its payroll withholding and pay quarterly items?*
27. Does the business file regular tax returns?*
PART 9 - INSURANCE RISKS
28. Does the business carefully and periodically review its insurance policies to determine that there is coverage for the major risks and liabilities which it faces?*
29. Does the business maintain current workers compensation insurance?*
PART 10 - MISCELLANEOUS RISKS
30. Do you review the applicable federal and state securities laws with your legal counsel prior to bringing new investors into your business?*