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Creating exit value in startups making sure you get paid for your hard work
1. Getting Paid for Your Hard Work:
Creating Your Desired Exit Value
Jackie Hutter, MS, JD
Decatur, GA
404-797-8124
www.LeanLegalTeam.com
Twitter @ipStrategist
2. Why Are You Working So
Hard?
Most entrepreneurs
today say they
want to exit from
their business
within 1-3 years
◦ Key to a suce$$ful
exit is to get an
acquirer to love your
business as much
as you do!
3. The Goodwill “Problem”
Goodwill is that value of your business
attributable to intangible assets
• Example
• You think your business is worth $50 Million but
accountants can only find $10 Million in “hard”
assets
• Where does that $40 Million come from?
Goodwill is often in the eye of the
beholder
• You are responsible for demonstrating why your
business is worth all that extra money!
4. Where is Business Value
Today?
70 % or more of business value in form of intangible assets
• For “information” companies, likely much higher
• If you do not own real estate or equipment, you have mainly intangible
value
BUT-this value does not exist because we say it does
• Entrepreneurs (and all business people) must take affirmative steps to
realize the value
Realize
Leverage
Protect
Capture
Identify
5. To Realize Value Must
Make Your Intangible Assets
TANGIBLE
Goal to be able to
demonstrate to investors or
potential acquirers that your
Business Value is
REAL
6. How Do We Identify Your Intangible
Asset Value?
1. What makes Your Business different from its
competitors?
• What is your unique competitive advantage?
• Identify each and every one
2. Would Your Business be harmed if this difference
was lost to a competitor?
• If so, you must capture and protect it so that you can realize it!
Important qualifiers
• Copying is legal and appropriate if you don’t protect your
competitive advantage
• Some things are not protectable, but knowing this is the case allows
you to plan accordingly
7. Possible Sources of Your Business'
Competitive Advantage
Patentable
Inventions
Others Trademarks
Specific to Brand
Business Equity
Model
Your
Business’
Intangible
Asset Value
Employees Business
Processes
Relationshi
ps
(Customer/
Suppliers)
8. Intangible Asset Business
Strategy Process
1. Determine 3 . Develop 4. Ensure that
short and long- cost effective, • You and your
term business 2. Understand executable team has the
goals those elements intangible skills necessary
for strategic plan’s
• Immediate and of business asset execution
likely future model that management • Appropriate legal
competitive issues create strategy to and business (if
• Investment competitive allow to necessary)
opportunities resources
• Exit strategy advantage maximize long- identified and
term business obtained
value
9. Bonus from Intangible Asset
Strategy
Those who can
articulate their
business value will
be perceived by
potential investors
or acquirers as
having better
management skills
◦ Will allow you to
standout from others