Meet Courtney Foley: GABB’s Executive Assistant
The GABB has hired Courtney Foley to be the group’s executive assistant, in charge of member relations, the website and communications.
Securing Online Transactions: GABB Sept. 28
When you’re transmitting a large sum of money electronically, how can you be sure your money gets to the right place?
Ricky Robertson, Atlantic Capital Bank’s Operational Risk Manager, discussed ways that businesses you can protect themselves and their clients from wire transfer fraud at the Sept. 28 meeting of the Georgia Association of Business Brokers.
A closing should mean that the seller gets paid. Usually, the buyer wires in their down payment, the attorney develops and sends out a closing statement the day before the closing, and everyone agrees with his/her numbers. Unfortunately, a buyer will sometimes send over wiring instructions via email and those instructions get phished and the instructions end up in the wrong place! The buyer or the seller may lose their money; in some cases, millions of dollars.
View the discussion at this link.
Among the horror stories that emerged from the Sept. 28 discussion was that of a payment of more than a million dollars that a bank client asked be electronically transmitted to a vendor. The bank called to confirm that the client wanted to make the payment, but it turned out that the payment was not sent to a vendor but to a third party online thief. Fortunately, Robertson said, the bank was able to recover the money because of a mistake made by the thief.
Lesson learned: if something doesn’t sound right, don’t hesitate to call and double- and triple-check the facts. Too often humans want to be accommodating and agreeable, and thieves exploit that tendency, Robertson said.
Some scam artists gain access to a person’s email account, creating invisible folders, and get to know a target’s email habits. They may learn that a large payment is pending. Then they use their knowledge by sending fake emails with directions for transmitting funds.
Brian Harper, Senior Vice President and SBA Division Manager of Atlantic Capital Bank also talked about his bank’s upcoming merger with SouthState Bank.
Ricky Robertson began his career in law enforcement and spent six years as a detective concentrating mostly on investigating white collar crime. During his time in law enforcement, Ricky completed computer forensic investigations and served as the commander of the crisis negotiation team. Over the past 14 years, Ricky has worked in banking in the Information & Corporate Security fields. As Atlantic Capital Bank’s Operational Risk Manager, Ricky’s main job responsibilities include Corporate Security, Information Security, and Operational Risk. He has a Bachelor’s degree in Management Information Systems and earned the Certified Protection Professional certification from ASIS International.
Mr. Harper has more than 25 years of business banking and lending experience and ample experience handling multi-million dollar transactions. He is a member of the Rotary Club of Dunwoody, Junior Achievement, Georgia Lenders Quality Circle, National Association of Government Guaranteed Lenders, the Georgia Association of Business Brokers, Our Lady of Assumption Church, is a coach for Murphey Candler Baseball and a board member of the Georgetown Recreation Center.
Claudia Wilson, Vice President, SBA Relationship Manager at SouthState Bank, is sponsoring the meeting.
The GABB is the state’s preeminent organization of professionals involved in the purchase and sale of businesses and franchises, and operates the state’s only real estate school devoted to business brokering. For more information about the GABB, contact GABB president Judy Mims at judy@childcare.properties or at 404-918-3666; or email diane.loupe@gabb.org or text 770-744-3639.
Read MoreNon-Disclosure Agreements: GABB July 27
When buying a business, buyers usually must sign a non-disclosure agreement, or NDA, in order to review sensitive information about the business, including financial details, inventory, and legal matters. Legally,
Anyone who has not signed an NDA isn’t legally bound by it, attorney and GABB affiliate Stephen M. Levinson told the Georgia Association of Business Brokers on July 27.
To hear Steve’s presentation and the rest of the GABB meeting, click this link.
Here’s a PDF of Steve’s presentation: Levinson NDA presentation
Now in his 33rd year of consistent practice experience, Mr. Levinson handles matters in the areas of business law; business sales and acquisitions; business/contract disputes; construction disputes; and alternate dispute resolutions and has so-far closed approximately 1,500 business transactions. He has also previously lectured about business transactions before Georgia Agent/Broker Groups including lecturing before business brokers for state credit. Steve is also an experienced Mediator and Neutral since 2009 and the owner of Northside ADR.
Mr. Levinson received his B.S. in Political Science in 1983 from the University of Miami and SUNY Brockport and earned his law degree from Georgia State University in 1989. Steve was admitted to the Bar in February of 1989 and is admitted to practice in the U.S. Court of Appeals, Eleventh Circuit; the U.S. District Court, Northern District of Georgia; the Georgia Supreme Court; the Georgia Court of Appeals; and the State Courts throughout Georgia.
Beyond his law practice, Steve is the founder, and for many years, host of a weekly Nar-Anon family-peer support group serving those who deal with the addiction issues of loved ones and is also the co-founder and host of the Annual Deane W. Evans Memorial Golf Tournament, raising money to award merit based college scholarships to deserving high school students and doing other charitable work in memory of Deane Evans.
Steve and his wife Alison (high school sweethearts) are 34-plus year residents of Cherokee County and now live in Holly Springs. They are the proud parents of two adult sons, Alex and Aaron. They are active in many charitable endeavors and are longtime supporters and promoters of the Cherokee County Secret Santa Program, Atlanta Harm Reduction, Atlanta Community Food Bank, The Fulton County Canine Cellmates Program, Caring Hands Community (Kingston, NY), The Zaban Couples Shelter, Georgia Overdose Prevention, Friends of the Forlorn and other worthy causes.
The GABB is Georgia’s largest and most respected association of professionals who help people buy and sell businesses and franchises. Our association includes business brokers, lenders, appraisers, attorneys, business consultants and others who help business owners and entrepreneurs in many ways. Please review our directory if you are seeking a business broker or other professional.
For more information about the GABB, contact GABB President Judy Mims at 404-918-3666 or judy@childcare.properties, or GABB Executive Director Diane Loupe at diane.loupe@gabb.org or text her at 770-744-3639.
GABB to Meet in Person June 29: Registration Required
After a year of virtual meetings, the Georgia Association of Business Brokers is thrilled to host an in-person meeting at 10 a.m. June 29.
However, due to capacity limits set by the venue, all attendees must register at the form below. We will give priority to GABB members for the in-person meeting, and we will stream the meeting via Zoom for those who may prefer that option. Please register at this link to attend the meeting via Zoom. NOTE, this does NOT register you for the in person meeting. The GAR says masks are voluntary in all areas of the building.
The sponsors of the June meeting will be GABB Affiliate Board representative Kim Eells and Susan Kite, both of whom are Senior Vice President and Small Business Administration (SBA) Business Development Officers for Georgia Primary Bank.
The primary focus of the meeting will be networking, but the GABB Board may discuss the results of the recent member survey and upcoming classes planned for the GABB’s Board-Certified Broker program.
The meeting will begin at 10 a.m. with coffee and light breakfast snacks, followed by a brief meeting and then more networking. Register at the link below. The meeting will be held in the classrooms at the Georgia Association of Realtors at 6065 Barfield Road, Sandy Springs, GA, 30328. The GAR headquarters building is a two-story building located in Sandy Springs near the intersection of Hammond Drive and Barfield Road.
The GABB is Georgia’s largest and most respected association of professionals who help in the purchase and sale of businesses and franchises. Our association includes business brokers, lenders, appraisers, attorneys, business consultants and others who help business owners and entrepreneurs in many ways. Please review our directory if you are seeking a business broker or other professional.
For more information about the GABB, contact GABB President Judy Mims at 404-918-3666 or judy@childcare.properties, or GABB Executive Director Diane Loupe at diane.loupe@gabb.org or text her at 770-744-3639.
GABB Meeting Registration
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Using Retirement Funds to Buy a Business, May 25 GABB Meeting
Gathering enough cash for a down payment for an SBA loan to buy a business or other business needs can be a challenge. Larry Carnell, ABI, CBI, CFB, CFE, Vice President of Business Development with Benetrends Financial, spoke to the Georgia Association of Business Brokers about how entrepreneurs can use their 401(k), IRA or other qualified retirement account to acquire capital to get approval for an SBA Loan to purchase a business. He also talked about an instant buyer engagement program on how to use cash or retirement funds to help exempt buyers from future capital gain taxes (and proposed increases) and potentially double net inheritance for spouse/children/family.
View a video of the entire meeting on the GABB YouTube channel.
Larry Carnell is a national award- winning entrepreneur and management consultant, as well as a respected business and funding expert at Benetrends. Carnell’s company has programs that allow investors to use part or all of their existing retirement accounts to fund a required down payment for an SBA Loan.
By using long-standing provisions of the Employee Retirement Income Security Act of 1974 (ERISA), Carnell’s company uses a corporate capitalization strategy that enables 100% of the gain on the sale of the company to be tax free. To use this strategy, the business owner rolls over a portion of the funds from a qualified plan or IRA to start a business. When it’s time to sell the business, you may be able to pay no Federal and State tax on any gain from the sale of the business. Up to 100% of the gain can be invested to grow tax-free, including making an investment in another business, according to Carnell.
Carnell also discussed Rollovers as Business Startups or ROBS plan, first introduced by Benetrends Financial as The Rainmaker Plan® in 1983. A ROBS plan is a debt- free funding solution that allows a person to draw from their retirement funds without incurring upfront taxes or early withdrawal penalties. A ROBS plan allows business owners to use their retirement funds, tax-deferred and penalty-free, for the purchase or startup of their business, using a four-step process. He also discussed a Roth Advantage Plan, or RAP.
Advantages of ROBS and RAP plans and similar strategies, according to Carnell, include:
- Increases client engagement (including spouse)
- Superior wealth accumulation & protection (retirement assets cannot be seized by creditors)
- Superior tax benefits (capital gain, income and payroll taxes on retirement contributions)
- Reduces debt and interest payments, Improves cash flow
- Investment NOT a loan – NOT subject to credit rating
- Does NOT adversely impact debt ratios or credit scores
- NOT subject to business profitability
- SBA approved as down payment / equity injection OR used alone
- Improves loan approval rates
- Improves debt ratios Debt free money (SBA approved)
- Improves post close liquidity
- Can be used to leverage BIGGER deal – (Business AND Land) & Broker Fees
- IMPROVES CLOSE RATE
Traditional ROBS features:
- PRETAX use of retirement funds to invest or purchase company stock
- C CORP retirement plan adoption [401(k), hybrid or custom options]
- Retirement Plan BUYS common stock in company
- Company GROWS. Revenues are used to run business. From Profits:
- 401(k) contributions are made NET of payroll taxes (currently 15.3% and rising)
- Rainmaker retirement contributions are EXEMPT from payroll taxes
- Company is SOLD – ‘pretax’ proceeds go into retirement plan
- Proceeds are taxed in the future at future tax rates (expected to rise)
Benetrends offers a NEW Rainmaker/Roth Advantage Plan:
This plan allows business owners to realize the full appreciation of their business tax-free upon the sale of the business, given certain circumstances following the Tax Reduction and Job Creation Act of 2018 (TRJC).
- Cash (minimum of $10k) OR Retirement Funds to invest in company stock
- C CORP creates & adopts 2 CUSTOM retirement plans
- Rainmaker [not a traditional 401(k)] & Rainmaker Roth 401(k)
- Use custom plans to create structure that invests money POST-TAX to BUY common & preferred stock (Taxes due NEXT Year OR 5 year option)
- Company GROWS. Revenues are used for operating expenses
- Retirement contributions are often payroll tax EXEMPT (currently 15.3% and RISING)
- Company SOLD – proceeds forever TAX-FREE & Lifetime protection (no RMDs)
Lenders are finding that these resources are creating enhanced motivation for business ownership, according to Carnell. The perceived security of a job often discourages people from assuming the risks associated with buying or starting a business. When presented, these resources are proving to be effective in helping to engage more borrowers, improve lending approval rates, reduce defaults and leverage larger loans by providing greater access to liquid capital for injection needs, thereby reducing borrowers’ fears while creating dramatic benefits for both the borrower and lender.
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