SBANC Newsletter

December 4, 2007

Issue 499-2007

QUOTE


"Recently, I was asked if I was going to fire an employee who made a mistake that cost the company $600,000. No, I replied, I just spent $600,000 training him. Why would I want somebody to hire his experience?"

- Thomas J. Watson


FEATURE PAPER

Entrepreneurial Networking: How Does It Rank?

The following paper was presented at the 2007 Association of Small Business and Entrepreneurship (ASBE) . It was written by Ken Schallenkamp of Black Hills State University and William L. Smith of Emporia State University.

Abstract

This paper briefly examines two exploratory studies examining entrepreneurial networking. We next review the literature on entrepreneurial networking to summarize the latest research on the entrepreneurial use of networking. Based on this review, eight propositions are developed for the purpose of alternative testing approaches to achieve an increased understanding of the use networking to entrepreneurs and the benefits there to. We conclude with a discussion of the research and managerial implications of our findings.

Introduction

Much of the current literature dealing with entrepreneurism supports the contention that entrepreneurial networking is a significant factor in the success of new entrepreneurial ventures. Nevertheless, two recent empirical exploratory studies revealed that one set of entrepreneurs as well as one set of key advisors to entrepreneurs did not rank the importance of networking to the success of new entrepreneurial ventures very highly at all.

This paper begins by briefly reviewing the results of these two exploratory studies of Midwestern entrepreneurs and Small Business Development Center (SBDC) advisors. We then examine the literature dealing with the importance of networking relative to the success of entrepreneurial ventures and propose a series of propositions that might be used to examine the role of networking in entrepreneurial development in more depth. Finally, we discuss alternative ways these propositions might be used to encourage entrepreneurs and those entities that work with them, to re-consider the importance of networking.

 

Read the Entire Paper...

 

TIP OF THE WEEK

Establishing Intent to Enter into a Contract

Some disputes over contractual relationships center on the question of original intent or even the very existence of a contract.
Existence of an Agreement and Intent to be Bound Because an arbitrator or court might later have to determine the parties’ intentions, it is useful to have an explicit preamble or statement summarizing the parties’ intentions (called the recitals) drafted at the time the parties enter into the agreement.

Date It is important to establish when the meeting of the minds took place. If the parties all sign the agreement on the same date and want it to be effective immediately upon signing, then the agreement should provide: “This Agreement is executed and entered into on [date].” If the parties sign on different days, then the agreement might provide that it is “made and entered into as of the later of the two dates on the signature page.” If the agreement is to be effective as of a date other than the date it is signed, then the agreement should provide: “This Agreement is executed and entered into as of [date].”

Terms of the Agreement

The following types of provisions are the heart of the agreement and determine the parties’ contractual obligations to one another.

Representations and Warranties Any key assumptions or understandings upon which the agreement rests should be explicitly stated as representations and warranties. For example, “Party A represents and warrants that the hardware when installed meets the specifications on Schedule A for use in the production of computer chips.” If such a representation were not included in the contract, Party A could later claim that it was under the impression that the equipment was to be installed under less stringent specifications or for a different use.

Representations and warranties are also used to contractually guarantee that certain facts are true. For example, an investor will want assurance that the company owns all of its intellectual property and that it is not violating any other person’s rights. The investors can sue for breach of contract if it later turns out that someone else-- such as a prior employer of the founder or a university where the founder was a graduate student—owns key technology.

Conditions The fulfillment of some contractual obligations may be conditioned on the occurrence of certain events (called condition), such as the approval of a loan application by a third party, or on the other party’s performance of a particular obligation to perform under a contract is conditional on the representations and warranties being true and correct in all material respects.

The only restriction on the use of conditions is that one party’s obligation may not be made conditional upon some occurrence exclusively within the control of that same party. If one party to an agreement had complete control over the occurrence of a condition, that party’s obligation would effectively be negated, reducing an otherwise valid contract to an illusory promise.

The condition should be stated clearly, using simple, straightforward language, such as “if,” “only if,” “unless and until,” or “provided that.” For example, a stock purchase agreement will usually include language to this effect: “The investors shall have no obligation to purchase the shares and to pay the purchase price unless all conditions set forth in Section 4 are satisfied.”

Logistical Considerations Such details as performance requirements, delivery and installation instructions, risk of loss allocation, and the procurement of insurance should be discussed in advance and included in the written agreement.

Payment Terms Payment terms should specify both when and in what form payment must be made. If payment is to be made in installments, the seller can attempt to deter a buyer from missing payments by including an acceleration clause in the written agreement. An acceleration clause specifies that all remaining installments (and interest, if applicable) become immediately due and payable if the buyer is late in paying any installment. Some acceleration clauses take effect automatically upon default, but in many contracts (especially when long-term relationships are factor), it may be preferable to make the exercise of the acceleration clause optional at the creditor’s discretion.

Notice and Opportunity to Cure Especially when the evaluation of performance is subjective, it is helpful to include a provision requiring written notice of a failure to comply with the contract and some opportunity to cure the default.

Timing Issues The parties should agree in advance on such crucial questions as the duration, termination, and renewal of the contract, as well as specifying when their obligations to each other must be fulfilled.

Constance E. Bagley and Craig E Dauchy. The Entrepreneur's Guide to Business Law, 3rd Edition.Copyright 2008, 2003.Thomas,West, Pgs. 198- 200. (ISBN: 0-342-20493-3)

 

ANNOUNCEMENTS

National Urban Inititiatives Competition

Clark University is hosting the National Urban Inititiatives Competition. They are seeking proposals that have practicality, creativity, and are well rooted in theory. Proposals should trnslate from theor to model or vice versa. Furthermore, it should be feasible to enact into legislation.

An award of $20,000 will be given to each winner of the three categories:

1. Affordable and sustainable housing.

2. Neighborhood based economic development.

3. Financial services to low income communities.

All applicants must be from a institution of higher education and must team with one or more of a local government entity and/or non-profit organization.

Submission of Step 1 proposals are due January 25, 2008.

For more information please click here.

SBI Journal - Request for Papers

The Small Business Institue is now requesting papers for the Small Business Institute Journal. If you are interested in submitting a paper, please let us know. The first issue is to be printed April 2008. For more information please click here or email us at sbij@uca.edu.

SBANC is Updating Their Entrepreneurship and Small Business Network

The Small Business Advancement National Center is currently updating their Entrepreneurship and Small Business Network. If you currently teach or know a professor in your school or state that teaches an Entrepreneurship or Small Business course, please provide us with any available information at sbanc@uca.edu. We appreciate any help. Thank you.

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CONFERENCES

ICFAI
Who:
Institute of Chartered Financial Analysts of India Business School
What:

International Forum of Management Scholars

Where:  Hyderabad, India
When: December 27-30, 2007

AACSB
Who:
AACSB International Communications
What:

Associate Deans ans Data Management Conferences

Where:  Tampa, Florida
When: December 13-15, 2007

SWAM
Who: Southwest Academy of Management
What:

2008 Annual Meeting and 50th Reunion Southwest Acadmeny of Management

Where:  Hyatt Regency - Houston, TX
When: March 4-8, 2008

USASBE
Who: United States Assiciation for Small Business and Entrepreneurship
What: USASBE 2008 Doctral Consortium
Where:  San Antonio, Texas
When: January 10, 2008

EDRP
Who:
The University of Arizona Economic Development Research Program
What: 40th Annual Arzonia Economic Development Course
Where:  The University of Arizona, Tucson
When: January 20-24


CALLS FOR PAPERS


Learning
Who:
International Conference on Learning
What:

The Fifteenth International Conference on Learning

Where: The University of Illinois, Chicago
When: June 3-6, 2008

Submission Deadline:
November 22, 2007

 

SOBIE
Who:
Society of Business, Indutry, and Economics
What:

Annual Academic Conference of the Society of Business, Industry, and Economics

Where: Destin, Florida
When: April 15-18, 2008

Submission Deadline:
March 1, 2008

 

 




 

The SBANC Newsletter is provided as a service to the members of our affiliates: Academy of Collegiate Marketing Educators (ACME), Association for Small Business & Entrepreneurship (ASBE), Federation of Business Disciplines (FBD), International Council for Small Business (ICSB), Institute for Supply Management (ISM), The International Small Business Congress (ISBC), Marketing Management Association (MMA), Small Business Administration (SBA), Service Corps of Retired Executives (SCORE), Small Business Institute (SBI), Society for Marketing Advances (SMA), United States Association for Small Business & Entrepreneurship (USASBE), U.S. Department of Veterans Affairs (VA).. If you are interested in membership or would like further information on one of our affiliates, please see our web site at http://www.sbaer.uca.edu

 

SBANC STAFF

Main Office Phone: (501) 450-5300

Dr. Don B. Bradley III, Executive Director of SBANC & Professor of Marketing;

Direct Phone: (501) 450-5345

Brandon Tabor, Development Intern

Latedra Williams, Development Intern

Patrick Combs, Development Intern

Nicole Kluck, Development Intern

John Reach, Development Intern

 

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Small Business Advancement National Center - University of Central Arkansas
College of Business Administration - UCA Box 5018 201 Donaghey Avenue
Conway, AR 72035-0001
- Phone (501) 450-5300 - FAX (501) 450-5360