CHARTWELL CAPITAL NEWSLETTER
Rob Smith, the author is Managing Director of Chartwell Capital in Richmond. Mr. Smith is a lawyer and financier and advises companies on a wide array of legal, business and financial services issues. Visit www.chartwellcapital.net or email him at rsmith@chartwellcapital.net.
Wednesday, November 7, 2012
CORPORATE CHECK UP
CORPORATE CHECK UP
Let us assess your company's financial health

TIME FOR A CHECK UP
Our attorneys, investment
bankers, accountants, financial advisers and insurance professionals will evaluate your business
operations from a corporate finance advisory status and report any recommendations to increase your operating efficiencies by evaluating the manner in which your business operates and critically analyzing all of your operating expenses. We will evaluate: changes to your capital structure, your corporate finance needs, tax considerations, your accounting and bookkeeping efficiencies, your business succession plan ( or lack thereof), the need to update your corporate organizational documents and bylaws, your spending on legal costs and need for additional legal services, your complete employee benefits package for top management and staff: including buy-sell and key man considerations, management and funding of retirement plans, investment issues, and individual and group life, term, disability and long term care products. We will evaluate all aspects of your risk management exposure and expenses including: property and casualty insurance, liability insurance, worker’s compensation and bonding needs. We will look for ways to save your company money, enhance its wealth and survivability and increase its operating efficiencies. We will suggest, if appropriate, vendors, service providers or strategic alliances which may benefit your organization.
Our fees are as low as $2,500 for this initial service and in many instances these fees are a fraction of the savings and value this service can provide your business.
TO GET STARTED:
DOWNLOAD APPLICATION AND WORKSHEET
CORPORATE CHECK UP
Let us assess your company's financial health
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| TIME FOR A CHECK UP |
Our attorneys, investment
bankers, accountants, financial advisers and insurance professionals will evaluate your business
operations from a corporate finance advisory status and report any recommendations to increase your operating efficiencies by evaluating the manner in which your business operates and critically analyzing all of your operating expenses. We will evaluate: changes to your capital structure, your corporate finance needs, tax considerations, your accounting and bookkeeping efficiencies, your business succession plan ( or lack thereof), the need to update your corporate organizational documents and bylaws, your spending on legal costs and need for additional legal services, your complete employee benefits package for top management and staff: including buy-sell and key man considerations, management and funding of retirement plans, investment issues, and individual and group life, term, disability and long term care products. We will evaluate all aspects of your risk management exposure and expenses including: property and casualty insurance, liability insurance, worker’s compensation and bonding needs. We will look for ways to save your company money, enhance its wealth and survivability and increase its operating efficiencies. We will suggest, if appropriate, vendors, service providers or strategic alliances which may benefit your organization.
Our fees are as low as $2,500 for this initial service and in many instances these fees are a fraction of the savings and value this service can provide your business.
TO GET STARTED:
DOWNLOAD APPLICATION AND WORKSHEET
DOWNLOAD APPLICATION AND WORKSHEET
Wednesday, October 24, 2012
Folks, just a quick reminder. There are just 2 months left in 2012. If you are married and have an estate that you would like to pass to your children without having Uncle Sam take 1/2 of it, you have about 60 days left to get it down.
If you are single the estate tax exemption is $5.12 million and if you are married, it is $10.24 million. The exemption falls to $1 million on January 1, 2012.
At Chartwell we can help you with the legal documents, tax returns, funding options and financial products to provide a legacy for your children and other heirs. Who do you want to get what you have worked for your whole life, your kids or the Federal Government? Contact me at rsmith@chartwellcapital.net
If you are single the estate tax exemption is $5.12 million and if you are married, it is $10.24 million. The exemption falls to $1 million on January 1, 2012.
At Chartwell we can help you with the legal documents, tax returns, funding options and financial products to provide a legacy for your children and other heirs. Who do you want to get what you have worked for your whole life, your kids or the Federal Government? Contact me at rsmith@chartwellcapital.net
Wednesday, July 18, 2012
CORPORATE DOCUMENTS....snore..........
This undoubtedly will be the most boring post I have ever written, but it may save you a bunch of money. I have been involved in dozens of emerging growth companies. Often the capital to fuel this growth comes from the members/shareholders. Make sure you understand your shareholder/operating agreement. Very seldom have I seen closely held companies follow the dictates in their corporate documents regarding capital calls and shareholder loans. If you are the "money partner" in a deal and advancing the money to fuel the company's growth, your capital contributions may be categorized as unsubordinated loans. If you don't give the proper notices to the other shareholders/members, you could end up in big trouble. Issues relating to capital accounts and contributions, their tax consequences and how capital is categorized are the most important elements of any closely held entity. When drafting your documents, make sure you think these items through and then follow the procedures to protect yourself that are listed in your corporate documents.
It is a good idea to have your documents reviewed, especially if the entitry is contemplating a big realization event. Documents drafted 5-10 years ago may not reflect your needs now, especially in our over regulated, over taxed and overly litigious business environment of 2012.
Should you have corporate documents that need to be re-evaluated, please contact me at rsmith@chartwellcapital.net.
Visit our website at http://www.chartwellcapital.net/
Rob
It is a good idea to have your documents reviewed, especially if the entitry is contemplating a big realization event. Documents drafted 5-10 years ago may not reflect your needs now, especially in our over regulated, over taxed and overly litigious business environment of 2012.
Should you have corporate documents that need to be re-evaluated, please contact me at rsmith@chartwellcapital.net.
Visit our website at http://www.chartwellcapital.net/
Rob
Friday, July 13, 2012
LAWYER "ETHICS"
| My Esteemed Colleague |
The things I see in the legal arena boggle the mind. Basic "right and wrong" are subordinate to legalisms such that lawyers can perpetuate controversy and animosity in order to make more money. The waste, inefficiency and lost productivity are an enormous tax on honest people and their business interests.
A 27 year old kid, who has never done anything but study and play club league lacrosse passes the Bar and goes to work for the "big law firm." There the "kid" who has never run a business or met a payroll is told to BILL, BILL, BILL. Yet, there is absolutely no correlation between acceptable value and the costs of the services. The "kid" never learns how to treat legal issues in a business, problem solving manner, because he is disincentivized to do so from the start of his career. As many people don't have a choice but to hire a lawyer, the whole process becomes nothing more than legalized extortion. It is sad and disgraceful.
However, there is some good news. There are some honest, competent "good guy" lawyers who have a conscience and are available to help you and your business. At Chartwell, we can help you manage your legal work. We have run businesses AND practiced law. We generally don't like lawyers either. For very modest fees, we can evaluate your needs and either perform your work or place it with our syndicate of approved and vetted attorneys. We stay on top of them and manage them and you get better services at reduced costs. A win win. As we earn your trust by helping you save money on legal fees, we hope that you will consider us to help you in other areas.
Should you have a legal problem that you would like to discuss or have us evaluate, please contact me at rsmith@chartwellcapital.net.
Visit our website at http://www.chartwellcapital.net/
Rob
Wednesday, July 11, 2012
MEDICARE TAX - WATCH OUT!! - AND PREPARE
| BRIGHT IDEAS TO SAVE $$$ |
Now that the health care law has been declared constitutional ( a rotten decision), the remaining provisions of Obama Care will likely be going into effect. One little known provision is a new 3.8% investment income surtax, also called the health care surtax or the Medicare tax; it will go into effect on January 1, 2013.
This new surtax will be assessed on the lesser of a) net investment income or b) the excess of modified adjusted gross income (MAGI) over the “threshold amount.” For married taxpayers filing jointly, the threshold amount is $250,000; married filing separately, $125,000; all other individual taxpayers, $200,000. For trusts and estates, it is the beginning of the top income tax bracket ($11,650 in 2012).
Stated another way: 1) If your modified adjusted gross income (MAGI) is less than or equal to the threshold amount that applies to you, you will not pay this tax. 2) If your modified adjusted gross income (MAGI) is greater than the threshold amount that applies to you, you will pay the 3.8% tax on the lesser of a) your net investment income or b) the amount of your MAGI over the threshold amount.
Note that the surtax liability is determined on income before any tax deductions are considered. That means your deductions could put you in the lowest income tax bracket, yet you could still have investment income that is subject to the surtax. Also, the capital gain rate is scheduled to increase for high-income taxpayers to 20% in 2013, so the total tax on capital gains (with the surtax) could be 23.8% in 2013 and beyond.
| PLAN NOW BEFORE 2013!!! |
The good news is that there are some steps you can take this year to help you avoid or reduce the amount of surtax beginning in 2013. Also, 2012 is an exceptional year for estate planning in general. The federal estate tax exemption is $5.12 million, which allows a married couple to transfer as much as $10.24 million from their estate with no estate tax. Under current law, this exemption is scheduled to shrink to $1 million in 2013. Other Bush tax cuts, including income and capital gain taxes, are set to expire at the end of 2012. With the new 3.8% surtax becoming effective in January, 2013 is on track to have the highest tax rates we have seen in years.
Now, more than ever, you need the assistance of experienced professionals to advise you and help you implement the best plan for you and your family. We stand ready to assist you. Should you have any questions, contact me at rsmith@chartwellcapital.net.
ROB
Monday, June 18, 2012
WHAT WE DO
| We Quarterback Deals |
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