On September 28, 2016, Christine Williams of Outlook Law, LLC, and John Klein, Associate General Counsel for the SBA, presented the new regulations and regulatory changes to the SBA’s Mentor Protégé Program.
Native Hawaiian Organizations ("NHO"): Regulation Changes presentationChristine Williams
This document provides an overview of a presentation given by John Klein of the SBA and Christine Williams of Outlook Law on recent changes to regulations regarding Native Hawaiian Organizations, the mentor-protégé program, and other topics. It discusses new rules expanding the definition of a HUBZone to include lands owned by Native Hawaiian Organizations. It also summarizes regulations related to establishing economic disadvantage for NHOs, affiliation exceptions for NHO-owned entities, and qualifications for the mentor-protégé program. The document outlines benefits of the mentor-protégé relationship like joint ventures and discusses written agreement requirements.
Petefish Law - Joint Venturing & Teaming Presentationevanfas
The document discusses joint ventures and teaming agreements for pursuing federal government contracts. It describes the key differences between joint ventures and prime/subcontractor teams. For joint ventures, it covers formation considerations, required provisions for 8(a) and SDVOSB joint ventures, and subcontracting limits. For teams, it discusses recommended teaming agreement provisions and subcontract requirements. The document also provides an overview of mentor-protégé programs through SBA and DoD.
SBA New Rules on Mentor-Protege Program, Joint Venture & 8(a) BD ProgramMark Amadeo
In this presentation, Mark Amadeo highlights key changes made by the SBA to its regulations that implemented a new mentor-protege program, and changed rules on small business joint ventures and the 8(a) Business Development Program.
The document discusses joint ventures in federal contracting. It provides information on why companies form joint ventures, how to legally establish a joint venture, governance structures, and potential pitfalls. Specifically, it notes that joint ventures allow companies to combine capabilities to meet contract requirements, are governed by operating agreements, and require the small business partners to perform at least 51% of the contract work.
This document provides an overview of the SBA 504 loan program. It discusses the key players in the program, including the SBA, certified development companies, third-party lenders, and small business applicants. It outlines the program's goals of fostering economic development and job creation. It also details the financing structure, eligible project costs, borrower eligibility requirements, application process, fees, and timeline for approval.
The document discusses the LeapFrog Solutions Team FloodSmart JV, LLC (LFSTF JV) joint venture. It defines a joint venture and its advantages, including presenting a single face to the government while drawing on multiple companies' resources. The LFSTF JV structure establishes LeapFrog Solutions as the managing member. It also outlines voting requirements and financial provisions to ensure the joint venture is properly governed and managed to achieve its limited purpose of responding to a specific RFP.
SBA Program Creates New Category of SBICs Focused on Early Stage Small Busine...Patton Boggs LLP
The SBA has created a new Early Stage SBIC Program focused on investments in early-stage small businesses. The program will provide $150 million in 2012 and $200 million each year through 2017 to license Early Stage SBICs. Early Stage SBICs can qualify for up to $50 million in leverage from the SBA. The SBA will begin accepting applications this Spring and does not have a limit on the number of funds licensed in 2012. Prospective applicants should prepare to apply under this new program.
The document discusses key considerations for drafting enforceable teaming agreements for government contracts. It defines joint ventures and prime/subcontract relationships and notes regulatory requirements for joint ventures. It summarizes the Cyberlock court case which found that a teaming agreement needs specific terms like work scope and subcontract details to be enforceable, not just a generic agreement to agree. The document aims to help drafting agreements that meet needs of both parties and comply with government regulations.
Native Hawaiian Organizations ("NHO"): Regulation Changes presentationChristine Williams
This document provides an overview of a presentation given by John Klein of the SBA and Christine Williams of Outlook Law on recent changes to regulations regarding Native Hawaiian Organizations, the mentor-protégé program, and other topics. It discusses new rules expanding the definition of a HUBZone to include lands owned by Native Hawaiian Organizations. It also summarizes regulations related to establishing economic disadvantage for NHOs, affiliation exceptions for NHO-owned entities, and qualifications for the mentor-protégé program. The document outlines benefits of the mentor-protégé relationship like joint ventures and discusses written agreement requirements.
Petefish Law - Joint Venturing & Teaming Presentationevanfas
The document discusses joint ventures and teaming agreements for pursuing federal government contracts. It describes the key differences between joint ventures and prime/subcontractor teams. For joint ventures, it covers formation considerations, required provisions for 8(a) and SDVOSB joint ventures, and subcontracting limits. For teams, it discusses recommended teaming agreement provisions and subcontract requirements. The document also provides an overview of mentor-protégé programs through SBA and DoD.
SBA New Rules on Mentor-Protege Program, Joint Venture & 8(a) BD ProgramMark Amadeo
In this presentation, Mark Amadeo highlights key changes made by the SBA to its regulations that implemented a new mentor-protege program, and changed rules on small business joint ventures and the 8(a) Business Development Program.
The document discusses joint ventures in federal contracting. It provides information on why companies form joint ventures, how to legally establish a joint venture, governance structures, and potential pitfalls. Specifically, it notes that joint ventures allow companies to combine capabilities to meet contract requirements, are governed by operating agreements, and require the small business partners to perform at least 51% of the contract work.
This document provides an overview of the SBA 504 loan program. It discusses the key players in the program, including the SBA, certified development companies, third-party lenders, and small business applicants. It outlines the program's goals of fostering economic development and job creation. It also details the financing structure, eligible project costs, borrower eligibility requirements, application process, fees, and timeline for approval.
The document discusses the LeapFrog Solutions Team FloodSmart JV, LLC (LFSTF JV) joint venture. It defines a joint venture and its advantages, including presenting a single face to the government while drawing on multiple companies' resources. The LFSTF JV structure establishes LeapFrog Solutions as the managing member. It also outlines voting requirements and financial provisions to ensure the joint venture is properly governed and managed to achieve its limited purpose of responding to a specific RFP.
SBA Program Creates New Category of SBICs Focused on Early Stage Small Busine...Patton Boggs LLP
The SBA has created a new Early Stage SBIC Program focused on investments in early-stage small businesses. The program will provide $150 million in 2012 and $200 million each year through 2017 to license Early Stage SBICs. Early Stage SBICs can qualify for up to $50 million in leverage from the SBA. The SBA will begin accepting applications this Spring and does not have a limit on the number of funds licensed in 2012. Prospective applicants should prepare to apply under this new program.
The document discusses key considerations for drafting enforceable teaming agreements for government contracts. It defines joint ventures and prime/subcontract relationships and notes regulatory requirements for joint ventures. It summarizes the Cyberlock court case which found that a teaming agreement needs specific terms like work scope and subcontract details to be enforceable, not just a generic agreement to agree. The document aims to help drafting agreements that meet needs of both parties and comply with government regulations.
The document discusses key considerations for drafting enforceable and helpful teaming agreements, including joint ventures and prime/subcontractor agreements, for government contracts. It provides an overview of the differences between joint ventures and prime/subcontractor relationships. It also summarizes the Cyberlock court case, which established that a detailed teaming agreement with agreed upon terms is needed before parties can jointly pursue a government contract, or the agreement may not be enforceable.
Government contractors use different teaming arrangements to best position themselves for a future award. Frequently a key element should be a clear appreciation of the relationship between the teaming arrangement and the desired business outcome. The best approach is to put “a planning team” in place (lawyers and CPAs) before putting “your business team” in place for a proposal. Join us as we help you understand:
•JV’s versus teaming agreement – which is preferable—and when?
•Small business set aside concerns
•Pitfalls – poorly written or nonspecific agreements
•To consolidate or not to consolidate – a look at the financial statement impact
With good planning, you can position yourself to respond to RFP’s effectively, create a positive business relationship, and know what to expect at year-end.
This article I wrote for the Scotsman Guide inlcudes everything on the 504 loans, from the basics of what they are to who can qualify. I even go to the extent of describing the higher ceilings on the net worth of businesses that can qualify for the loan, the advantages, and the upcoming proposed changes to the loans in this November 2008 issue of the Scotsman Guide.
The document discusses the challenge that financial advisors face in complying with multiple and differing fiduciary rules and standards of conduct from various regulatory bodies. Specifically, it notes that the Department of Labor's fiduciary rule expands fiduciary obligations for advisors dealing with retirement accounts, but this differs from fiduciary standards under the Investment Advisers Act. Additionally, some designations like CFA and CFP also have their own ethical standards. The article provides an example of how the various rules could apply differently to the same situation. It concludes that firms need to carefully evaluate how the DOL fiduciary rule impacts their business models and determine how best to ensure compliance.
The document discusses corporate debt restructuring, which involves reorganizing a company's outstanding debt obligations to reduce the burden on the company. This allows the company to increase its ability to meet obligations and avoid bankruptcy. The process typically involves negotiations between the company and creditors to decrease interest rates, extend payment timelines, or forgive some debt in exchange for equity. It describes the steps in evaluating a company's financial situation, negotiating an agreement with creditors, potentially liquidating some assets, and formally restructuring the debt obligations through a signed contract.
2014 AICPA CFO Conference - Accounting Trends and Update Brian Marshall
This document provides summaries of topics discussed at an accounting trends and updates event for CFOs hosted by McGladrey LLP. It includes biographies of two partners at McGladrey, Rick Day and Brian Marshall. The bulk of the document summarizes discussions on recent and upcoming changes from the Private Company Council and FASB, including new standards and alternatives for private companies. Joint projects between FASB and IASB like revenue recognition, leases, and financial instruments are also summarized.
Session 6 type of enterprise to set upAnilesh Seth
These slides cover session 6 in the 8 session program for working executives on Entrepreneurship.
In this session, the objective is to introduce the various forms of enterprise that entrepreneurs would typically consider setting up. A broad treatise on different forms of enterprise is also provided, more to provide a well-rounded introduction to the subject. A short caselet helps the students analyze the pros and cons of setting up different forms of enterprise and arrive at an informed decision
MIT Enterprise Forum Get Smart SBIR presentationkmeetze
This is my portion of a training seminar given as part of the MIT Enterprise Forum's Get Smart Program. I have allowed it to be downloaded as the links to funding agencies are live, although they may not be up to date.
The document describes a Professional Alliance program between an independent financial advisor's firm and Morgan Stanley Smith Barney that allows advisors to refer clients to Morgan Stanley in exchange for ongoing referral fees. Key details include:
- Advisors can enhance their business through the value, competitive advantage, and additional revenue source provided by referrals.
- Referral fees are paid on ongoing fee-based accounts of referred clients.
- Referrals must comply with registration requirements in the advisor's state.
- Morgan Stanley provides resources like investment products and research to advisors.
Emerging Trends in Corporate Finance - Corporate Debt Restructuring and Rece...Resurgent India
Under a corporate debt restructuring plan, the lenders give the company, the benefit of reduced interest rates and a moratorium period for repayment, and in some cases, lender even sacrifice a part of the principal amount.
W shop 2-brief seminar set-asides 2-19-2019sirsrajaa
This document provides an overview of several U.S. Small Business Administration (SBA) contracting programs:
1. Service-Disabled Veteran-Owned Small Business Program - Provides contracting assistance to small businesses owned and controlled by service-disabled veterans.
2. Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business Programs - Allows contracting officers to set aside contracts for eligible women-owned small businesses.
3. HUBZone Program - Provides assistance to small businesses located in historically underutilized business zones to increase employment and investment in those areas.
4. 8(a) Business Development Program - Assists eligible small disadvantaged businesses to help them compete through
Borrower Classification and Decision Process in Corporate Debt RestructuringResurgent India
What are the different types of Borrowers, How are they classified, Who makes the decision and How is it Communicated in Corporate Debt Restructuring? Get all this Insight in the PPT from Resurgent India.
The Professionals Alliance Group seeks to align with accounting, law, and business management firms to help them provide investment services to their high net worth clients. By partnering with experienced financial advisors, member firms can strengthen relationships and add value by becoming more integrated in clients' financial advice. The Professionals Alliance Group selects financial advisors through a rigorous screening process and provides support like training and marketing seminars to member firms.
An ESOP plan sponsor must avoid conflict in fulfilling its corporate governance and fiduciary responsibilities. How is this done? This presentation discusses the dangers of wearing multiple hats and how to minimize litigation risk.
The SBA Mentor-Protégé Program pairs an approved mentor business with a protégé business to provide assistance in business development. Mentors provide various forms of assistance including technical, management, financial, and subcontracting support to help protégés improve capabilities and meet business plan goals. Mentors and protégés can also jointly pursue government contracts through an exclusion from affiliation rules. The program aims to enhance protégé competitiveness and successful SBA 8(a) program participation.
Small Businesses Working Together for a Brighter Future
The partnership is bonded by a written agreement between the SBA, the mentor and the protégé. The SBA acts as an overseer of the program and the process.
The program has four areas of coverage – management and technical, financial, public procurement, access and qualification for third party opportunities.
In a nutshell, the SBA and the program goals are mostly centered on the protégé. Before the actual implementation, a customized program is made for the protégé that should be followed by the mentor.
This presentation is a complete overview of SBA eligibility rules and the SBA 504 approval process. The content is an excellent introduction for those new to SBA lending as well as a good refresher course for those lenders who have been involved in SBA 504 lending.
The document discusses key considerations for drafting enforceable and helpful teaming agreements, including joint ventures and prime/subcontractor agreements, for government contracts. It provides an overview of the differences between joint ventures and prime/subcontractor relationships. It also summarizes the Cyberlock court case, which established that a detailed teaming agreement with agreed upon terms is needed before parties can jointly pursue a government contract, or the agreement may not be enforceable.
Government contractors use different teaming arrangements to best position themselves for a future award. Frequently a key element should be a clear appreciation of the relationship between the teaming arrangement and the desired business outcome. The best approach is to put “a planning team” in place (lawyers and CPAs) before putting “your business team” in place for a proposal. Join us as we help you understand:
•JV’s versus teaming agreement – which is preferable—and when?
•Small business set aside concerns
•Pitfalls – poorly written or nonspecific agreements
•To consolidate or not to consolidate – a look at the financial statement impact
With good planning, you can position yourself to respond to RFP’s effectively, create a positive business relationship, and know what to expect at year-end.
This article I wrote for the Scotsman Guide inlcudes everything on the 504 loans, from the basics of what they are to who can qualify. I even go to the extent of describing the higher ceilings on the net worth of businesses that can qualify for the loan, the advantages, and the upcoming proposed changes to the loans in this November 2008 issue of the Scotsman Guide.
The document discusses the challenge that financial advisors face in complying with multiple and differing fiduciary rules and standards of conduct from various regulatory bodies. Specifically, it notes that the Department of Labor's fiduciary rule expands fiduciary obligations for advisors dealing with retirement accounts, but this differs from fiduciary standards under the Investment Advisers Act. Additionally, some designations like CFA and CFP also have their own ethical standards. The article provides an example of how the various rules could apply differently to the same situation. It concludes that firms need to carefully evaluate how the DOL fiduciary rule impacts their business models and determine how best to ensure compliance.
The document discusses corporate debt restructuring, which involves reorganizing a company's outstanding debt obligations to reduce the burden on the company. This allows the company to increase its ability to meet obligations and avoid bankruptcy. The process typically involves negotiations between the company and creditors to decrease interest rates, extend payment timelines, or forgive some debt in exchange for equity. It describes the steps in evaluating a company's financial situation, negotiating an agreement with creditors, potentially liquidating some assets, and formally restructuring the debt obligations through a signed contract.
2014 AICPA CFO Conference - Accounting Trends and Update Brian Marshall
This document provides summaries of topics discussed at an accounting trends and updates event for CFOs hosted by McGladrey LLP. It includes biographies of two partners at McGladrey, Rick Day and Brian Marshall. The bulk of the document summarizes discussions on recent and upcoming changes from the Private Company Council and FASB, including new standards and alternatives for private companies. Joint projects between FASB and IASB like revenue recognition, leases, and financial instruments are also summarized.
Session 6 type of enterprise to set upAnilesh Seth
These slides cover session 6 in the 8 session program for working executives on Entrepreneurship.
In this session, the objective is to introduce the various forms of enterprise that entrepreneurs would typically consider setting up. A broad treatise on different forms of enterprise is also provided, more to provide a well-rounded introduction to the subject. A short caselet helps the students analyze the pros and cons of setting up different forms of enterprise and arrive at an informed decision
MIT Enterprise Forum Get Smart SBIR presentationkmeetze
This is my portion of a training seminar given as part of the MIT Enterprise Forum's Get Smart Program. I have allowed it to be downloaded as the links to funding agencies are live, although they may not be up to date.
The document describes a Professional Alliance program between an independent financial advisor's firm and Morgan Stanley Smith Barney that allows advisors to refer clients to Morgan Stanley in exchange for ongoing referral fees. Key details include:
- Advisors can enhance their business through the value, competitive advantage, and additional revenue source provided by referrals.
- Referral fees are paid on ongoing fee-based accounts of referred clients.
- Referrals must comply with registration requirements in the advisor's state.
- Morgan Stanley provides resources like investment products and research to advisors.
Emerging Trends in Corporate Finance - Corporate Debt Restructuring and Rece...Resurgent India
Under a corporate debt restructuring plan, the lenders give the company, the benefit of reduced interest rates and a moratorium period for repayment, and in some cases, lender even sacrifice a part of the principal amount.
W shop 2-brief seminar set-asides 2-19-2019sirsrajaa
This document provides an overview of several U.S. Small Business Administration (SBA) contracting programs:
1. Service-Disabled Veteran-Owned Small Business Program - Provides contracting assistance to small businesses owned and controlled by service-disabled veterans.
2. Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business Programs - Allows contracting officers to set aside contracts for eligible women-owned small businesses.
3. HUBZone Program - Provides assistance to small businesses located in historically underutilized business zones to increase employment and investment in those areas.
4. 8(a) Business Development Program - Assists eligible small disadvantaged businesses to help them compete through
Borrower Classification and Decision Process in Corporate Debt RestructuringResurgent India
What are the different types of Borrowers, How are they classified, Who makes the decision and How is it Communicated in Corporate Debt Restructuring? Get all this Insight in the PPT from Resurgent India.
The Professionals Alliance Group seeks to align with accounting, law, and business management firms to help them provide investment services to their high net worth clients. By partnering with experienced financial advisors, member firms can strengthen relationships and add value by becoming more integrated in clients' financial advice. The Professionals Alliance Group selects financial advisors through a rigorous screening process and provides support like training and marketing seminars to member firms.
An ESOP plan sponsor must avoid conflict in fulfilling its corporate governance and fiduciary responsibilities. How is this done? This presentation discusses the dangers of wearing multiple hats and how to minimize litigation risk.
The SBA Mentor-Protégé Program pairs an approved mentor business with a protégé business to provide assistance in business development. Mentors provide various forms of assistance including technical, management, financial, and subcontracting support to help protégés improve capabilities and meet business plan goals. Mentors and protégés can also jointly pursue government contracts through an exclusion from affiliation rules. The program aims to enhance protégé competitiveness and successful SBA 8(a) program participation.
Small Businesses Working Together for a Brighter Future
The partnership is bonded by a written agreement between the SBA, the mentor and the protégé. The SBA acts as an overseer of the program and the process.
The program has four areas of coverage – management and technical, financial, public procurement, access and qualification for third party opportunities.
In a nutshell, the SBA and the program goals are mostly centered on the protégé. Before the actual implementation, a customized program is made for the protégé that should be followed by the mentor.
This presentation is a complete overview of SBA eligibility rules and the SBA 504 approval process. The content is an excellent introduction for those new to SBA lending as well as a good refresher course for those lenders who have been involved in SBA 504 lending.
The document provides information about SBA programs that support small businesses in government contracting. It summarizes the SBA's role in negotiating annual procurement goals with federal agencies to ensure at least 23% of contracts are awarded to small businesses. It also outlines SBA-certified contracting programs like the HUBZone and 8(a) programs, and self-certified programs for small disadvantaged businesses, service-disabled veteran businesses, and women-owned small businesses. The document provides eligibility requirements and benefits for each program.
Rabbi Trust: An Important Element of a Nonqualified Executive Benefit Plan du...Fulcrum Partners LLC
The use of nonqualified executive benefit plans, particularly
deferred compensation plans, is a critically important component
of an executive’s total reward package. Nonqualified plans are
widely used across corporate America, and various surveys show a prevalence rate between 85 and 95 percent, depending on the survey.
For many business owners, the major source of retirement funding is the sale of their business or assets owned by the business. Fortunately, there are a number of capital gains tax (CGT) concessions available to small business that reduce or even eliminate the capital gain on the disposal of certain assets. It is important to understand the concessions available and the eligibility requirements to ensure entitlements are maximised.
The Platinum 401k Advisor Sales Guide 2011WMMontgomery
The Platinum 401k Program is a multiple employer plan (MEP) that allows smaller employers to pool their retirement plans together. It removes fiduciary responsibilities from individual employers and transfers them to independent fiduciaries who handle investments, compliance and administration. Advisors can market this program to clients to help simplify their retirement plans while maintaining their role as the primary advisor. The program costs $250 to join plus $250 annually per employer and $7 per participant quarterly, with investment fees depending on plan assets. Employers can customize vesting and eligibility within guidelines.
Small business owners guide to the cares actVijar Kohli
The programs and initiatives in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that was just passed by Congress are intended to assist business owners with whatever needs they have right now. When implemented, there will
be many new resources available for small businesses, as well as certain nonprofits and other employers. This guide provides information about the major programs and initiatives that will soon be available from the Small Business Administration (SBA) to address these needs, as well as some additional tax
provisions that are outside the scope of SBA.
Preserving and Enhancing Impact: Corporate FormsImpact.Tech
Slides of Suz Mac Cormac's October 2016 presentation at Impact.tech event in San Francisco.
Susan Mac Cormac is a Partner at Morrison & Foerster where she leads the firm’s impact practice and co-chairs the CleanTech + Alternative Energy Group. Ms. Mac Cormac’s work focuses on ensuring energy, sustainability and other investments have positive impact — through use of new corporate forms, hybrid or “tandem” structures with non-profits and for-profits and alternative debt and equity instruments. In 2015, the Financial Times named her the Most Innovative North American Lawyer for her work championing impact investing and social enterprise legal innovation.
More about the event here:
https://blog.impact.tech/impact-tech-oct-19th-meetup-aligning-profits-impact-in-high-growth-startups-9597ef3d0eb7#.jv3k07vdv
The document discusses SBA financing options for small business real estate. It provides details on the SBA 7(a) and 504 loan programs, including available loan amounts and terms. The SBA loans offer advantages over conventional bank loans like lower down payment requirements, longer repayment terms, and more flexible qualifying criteria. Both loans can be used to finance owner-occupied commercial real estate like offices, warehouses, and retail properties. The document provides examples of eligible real estate and ineligible investment properties.
Difference between Private Limited Company vs LLPSatish Naik
The document discusses the key differences between a private limited company and a limited liability partnership (LLP) when deciding on a business structure in India. Some of the main differences highlighted include:
- Private limited companies have a longer history and more widespread recognition, while LLPs are a newer structure.
- Formation and registration costs are typically lower for LLPs.
- Private limited companies require audited financials annually, while LLPs only require audits if certain revenue/capital thresholds are met.
- Private limited companies allow for easier transfer of ownership through share trading, while ownership is not as clearly separated from management in LLPs.
- Non-compliance penalties tend to be
Clark Schaefer Hackett created this buyer’s guide to help you and other plan fiduciaries make an informed decision when hiring a quality auditor for your employee benefit plan audit. This guide covers your fiduciary responsibilities, the timing of a plan audit, audit quality, finding the right auditor and more.
Lesson 23 Mega Firm - Company law- By Dipti DhakulDipti Dhakul
What is Multidisciplinary/Mega Firm?
Why do we need such firms, list the pre-requisites for such firms, benefits and risks?
Benefits and Risks of Mega Firms
Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...vakilsearch_tutorial
It should take no longer than 5 minutes to choose between the available legal structures for your business. Your options are the Private Limited Company, Limited Liability Partnership (LLP), One-Person Company (OPC), General Partnership and Sole Proprietorship. But the general approach to this decision is so academic, entrepreneurs end up wasting their time. There’s no need to educate yourself on the minute differences between say, a Private Limited Company and an LLP. This is because, with only a few exceptions, every business will be suited to just one legal structure. So let's find out which one is right for you.
The document provides guidance for plan sponsors on hiring an auditor for an employee benefit plan audit. It outlines fiduciary responsibilities for plan sponsors, when an audit is required, and the importance of hiring a quality auditor. A quality auditor can help identify errors, ensure compliance, and provide ongoing guidance and solutions to benefit the plan. The document recommends plan sponsors consider an auditor's experience level, team orientation, and ongoing involvement when selecting one.
AELP Code of Governance for Independent Training Providers (Sep 2018)The Pathway Group
Independent Training Providers (ITPs) provide excellent learning and training experience for learners and apprentices and are a key element of the skills delivery system of this country. They are entrusted with billions of pounds of public funds annually to provide quality services and experiences to students and apprentices. Collectively ITPs deliver most of the UK apprenticeship programme and any individual provider failure damages reputation and trust in the whole programme. Therefore, it is important that we demonstrate the highest standards of governance.
The document discusses the challenges private companies face in implementing long-term incentive (LTI) plans for executives. It outlines three main options for LTI plans - no LTI plan, cash-based LTI plans, and equity-based LTI plans - and challenges associated with each. Cash-based plans face difficulties with performance measurement and goal setting. Equity-based plans create new shareholders and issues around ownership, valuation, and corporate tax status. Overall, the document argues that while LTI plans are important for attracting executive talent, properly implementing them for private companies can be complex.
The document discusses different business entity structures like private limited companies, public limited companies, and limited liability partnerships. It provides details on the key features of LLPs such as having limited liability like companies but flexibility like partnerships. LLPs allow professionals to deal internationally and remove restrictions of maximum partners under partnership law. LLPs are suitable for small-medium businesses and service industries where partners have different roles.
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To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
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Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
2. Your Presenters
John Klein, Associate General Counsel for Procurement Law, U.S.
Small Business Administration:
John is the principal legal advisor to senior Agency officials and their
staffs with respect to the 8(a) Business Development program; the
Agency’s Government Contracting programs, including the small
business set-aside, subcontracting and Certificate of Competency
programs; the HUBZone program; the Small Business Innovation
Research program; the Size Standards program; the Service Disabled
Veteran-Owned Small Business program; and SBA’s internal contracting
procedures. Mr. Klein has been a lawyer in SBA’s Office of General
Counsel since 1983. Suspension and Debarment Official.
3. YOUR PRESENTER: CHRISTINE WILLIAMS
christinewilliams@outlooklaw.com
Christine is an adjunct law professor on government contracting at Seattle
University School of Law’s Alaska Campus, as well as an adjunct master’s
instructor on government contracting and the 8(a) Program at Alaska Pacific
University. She concentrates her practice on Government Contracting from
counseling on qualifications and administration to disputes and companies in
crisis. She represents clients in defending against federal investigations,
including investigations/reports by the Office of the Inspector General, the
Department of Justice, and the GAO. Christine also counsels companies on
the procurement and administration of government contracts across all
agencies. She has especially deep experience in the SBA and Section 8(a)
Programs. Prior to Outlook Law, Christine was vice president and general
council for a large Alaska Native Regional Corporation. She was also partner
with Davis Wright Tremaine, Perkins Coie, and an attorney at Patton Boggs.
3Outlook Law, LLC
4. Mentor/Protégé Program
In general, the mentor/protégé program is designed to encourage
approved mentors to provide various forms of assistance to eligible
Participants.
Outlook Law, LLC 4
5. Mentor Protégé
• Designed to encourage approved mentors to provide various business
development assistance to protégé firms (including non-8(a))
contracts)
• Purpose to enhance the capabilities of the protégé in meeting its
business plan goals
• Different from agency Mentor Protégé (DoD excepted)
• Accomplished through approved agreement that generally includes
• Technical and/or management assistance
• Financial assistance (like equity investment, loans, subcontracts and prime
contract performance, including JVs)
Outlook Law, LLC 5
6. Mentor Protégé
• Mentor qualifications
• Demonstrates ability too assist developing 8(a) participants
• Can be a graduated 8(a)
• Can be a small business-New Rule
• Favorable financial health-NEW Rule-Must meet the requirements of the MPA
• Good Character
• Not debarred/suspended
• Can impart value from lessons learned and practical experience
• Certify annually
• Generally, can only have one protégé at a time, but the absolute cap is 3
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7. Mentor Protégé 124.520 8(a) In Line with
Other Programs
• Protégé Qualifications (remember OR)
• [Be in the developmental stage or] GONE
• [Never received an 8(a) contract] or GONE
• [Have a size standard that is half the size standard corresponding to its NAICs
Code] GONE
• Good standing/no proceedings
• Generally, can have only one mentor, but no more than 2
• [May not be a protégé and a mentor at the same time] GONE
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8. New Mentor Protégé Regulations: Implementation of
Mentor Protégé Program for all Small Business
Concerns
• The SBA has established a new mentor protégé program similar to the
8(a) mentor protégé program.
• While this program is similar to the 8(a) mentor protégé program, the
8(a) program will continue to operate and be processed separately,
addressing the concerns that are unique to 8(a).
• 8(a) firms may also transfer the mentor protégé relationship when it
leaves the 8(a) Program as long as the firm notifies the SBA in writing
and provided that the firm is still qualified for the program to which it
is transferring.
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9. Processing Small Business Applications for the
Mentor Protégé Program
• The SBA intends to establish a separate unit within the Office of Business
Development whose sole function would be to process mentor protégé
applications and review mentor protégé agreements (“MPA”) and the assistance
provided under those agreements, once the agreement is approved.
• This new unit will process and make determination with respect to all small
business MPAs, with the ultimate decision made by the Associate
Administrator/BD or his/her designee.
• While the SBA would like to avoid the open and closed periods of processing, if
the applications become overwhelming, open enrollment periods are still a
possibility.
• If such a need arises for open or closed period, the SBA has stated that the will
provide advance notice so that potential applicants can plan accordingly.
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10. Mentors
• Mentors for all programs must be for-profits. This is a change for the
8(a) Program, which previously allowed non-profits to be mentors.
• The change comes about because of the language of the statute and
the need for consistency between the mentor protégé programs.
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11. Number of Firms one Company can Mentor
• The final regulation falls in line with the regulations in the 8(a)
Program in that any one mentor can have up to three protégé firms at
any one time-regardless of the SBA program.
• The same regulations would likely apply that in order to fulfill the
obligations under the MPA, there would have to be a demonstration
that the additional mentor protégé relationship would not adversely
affect the development of the protégé firm (any of them), by being a
competitor, etc.
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12. A Firm can be a Mentor and a Protégé at the
Same Time
• The proposed rule would not have allowed a firm to be a mentor and
a protégé at the same time.
• After comments and review, the SBA believed that there were
benefits to be provided to small firms to act as mentors and protégés
at the same time.
• The final regulation allows a firm to be both a mentor and protégé at
the same time where it can demonstrate that the second relationship
will not compete with the first.
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13. Protégés
• In order to qualify as a protégé in all programs, the protégé must qualify as small for the
size standard corresponding to its primary NAICS Code OR
• Identify that it is seeking business development assistance with respect to a secondary
code and identify provided that the secondary code development is consistent with its
business plan and a logical progression for the firm to development current capabilities.
• While this eliminates some threshold requirements for 8(a) protégé participants, it brings
consistency between the 8(a) requirements and requirements for other programs.
• A protégé may have two mentors where the two relationships will not compete or
otherwise conflict with each other and the protégé demonstrates that the second
relationship pertains to an unrelated, secondary NAICS Code, or the first mentor does
not possess the specific expertise of the second mentor.
• The SBA will accept self-certification for protégé firms because any size protest would
protect the integrity of the program.
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14. Benefits of the Mentor Protégé Relationship
• As with the 8(a) Program, a protégé may JV with its SBA approved
mentor and qualify as a small business for any Federal government
contract or subcontract, provided that the protégé qualifies as small
for the size standard corresponding to the NAICS Code assigned to
that procurement.
• This DOES NOT mean that such a JV affirmatively qualifies for any
other small business program unless it qualifies and is approved for
the other programs (HUBZone, 8(a), WOSBs, etc.) as well.
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15. Program Managers of MPA/JV and Ownership
Interests
• The SBA clarified that the designated project manager for the JV under a
contract does NOT have to be an employee of the protégé. However, there
must be a signed letter of intent that the employee will become an
employee of the protégé firm if the contract is awarded to the JV.
• This still does not allow the transference of employment for this position
between the mentor and protégé firms.
• During the mentor protégé relationship, the mentor is shielded, generally,
from affiliation when it owns up to 40% of the protégé.
• Once the mentor protégé relationship ends, so does the protection from
affiliation for the 40% interest.
• As such, if it does not divest that 40% interest, the former protégé will be
found to be ineligible for any contract as a small business where the 40%
causes affiliation under the size rules.
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16. Written Mentor Protégé Agreements
• The SBA believes the benefits identified in the MPAs should be clearly
and specifically identified.
• This identification and measurement includes a timeline for the
assistance delivered.
• The regulation also clarifies that a subcontract from a mentor to a
protégé or a protégé to a mentor can be developmental assistance
authorized by the MPA.
• The SBA is also requiring that if a firm is receiving benefits from
another MPA from another agency, those benefits cannot be
duplicated through the SBA’s MPA.
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17. Written Mentor Protégé Agreements
• The final regulation will continue to authorize two three-year MPAs with
different mentors, but will allow each to be extended for a second three
years provided the protégé has received the agreed upon business
development assistance and continue to receive assistance.
• Although an 8(a) firm can transfer its mentor protégé relationship to a
small business mentor protégé relationship after it leaves the 8(a) Program,
it may enter into only one additional mentor protégé relationship. It
cannot enter into two additional small business mentor protégé
relationships.
• For 8(a) mentor protégé relationships, the regulations allow the
relationship to continue when the control or ownership of the mentor
changes when the new mentor expresses in writing to the SBA that it
acknowledges the MPA and that it continues with the commitments and
obligations in that agreement.
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18. Mentor Protégé Written Agreements
• SBA must approve any mentor protégé agreement prior to the firm's receiving
any benefits or the mentor protégé program
• SBA will not approve the agreement if the SBA determines that the assistance to
be provided is not sufficient to promote any real developmental gains to the
protégé or if the SBA determines that the agreement is merely a vehicle to enable
the mentor to receive small business contracts
• The mentor protégé agreements submitted to the SBA for approval must identify
how the assistance to be provided by the mentor is different from the assistance
provided to the protégé through another mentor protégé relationship, either
with the same or a different mentor
• The agreement will be reviewed annually by the SBA
• The agreement will be able to survive change of ownership/control of mentor
where mentor acknowledges the agreement and expresses its intent to continue
to fulfill its obligation under the agreement
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19. Mentor Protégé Programs of Other
Departments and Agencies
• The NDAA 2013 specifically excluded the Department of Defense’s mentor
protégé program, so that will not be dealt with here.
• Under the provisions of the NDAA, the other agencies or departments that
are currently operating a mentor protégé program may continue to operate
that program for one year and then go through the SBA’s approval process
in order to receive the mentor protégé benefits of the SBA, including
affiliation.
• The SBA has incorporated in its rule that the individual procuring agencies
may take into account the subcontracting benefits of that agency that it
may wish to provide for consistency with its previous program if the agency
does not continue its own mentor protégé program.
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20. Exclusion from Affiliation for Mentor/Protégé
Joint Ventures: Non-8(a) Contracts
• If the size of a joint venture claiming an exception to affiliation is
protested, the requirements of Section 124.513(c) and (d) must be
met for exception to apply. Likewise, for similar sections applying to
different programs.
• Project Manager and percentage of work: control and performance.
• Active and substantial role in contract performance.
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21. Mentor/Protégé Program
• Requires that assistance provided through a mentor/protégé
relationship be tied to the protégé firm’s SBA business plan.
• At each annual review, the business plan may be adjusted.
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22. Changes to the Mentor/Protégé Program
• Allows mentors to have up to three protégés at one time.
• Allows demonstration of financial health by tax returns, audited
financial statements, and filings required by the SEC, if a public entity.
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23. New Regulations: Joint Ventures
• Joint venture may be a formal or informal partnership are exists is a
separate limited liability company or other separate legal entity
• Regardless of form, the joint venture must be reduced to a written
agreement
• If a JV exists as a separate legal entity it CANNOT be populated
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24. New Regulations: Joint Ventures
• Prior to Award: each partner to the JV must certify that it will perform
the contract in compliance with JV regulations and the JV agreement
• During Performance: report annually to the contracting officer and
the SBA how they are reading the applicable performance of work
requirements for each small business set-aside contract to perform as
a joint venture
• After Contract Completion: report certifying compliance and
explaining how the performance of work requirements were met for
the contract
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25. Rule: Tracking Joint Venture Awards
• The SBA believes that some sort of JV identification is required.
• The regulation requires:
• JVs are separately identified in SAM;
• With a separate DUNS number and CAGE number;
• The Entity Type in SAM must be identified as Joint Venture; and
• The Joint Venture partners should also be listed.
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26. New Rule: Joint Ventures
• Past performance. When evaluating the past performance of an
entity submitting an offer for an 8(a) contract is a joint venture
approved by the SBA, a procuring activity must consider work done
individually by each partner to the joint venture as well as any work
done by the joint venture itself previously. Extended to SDVO,
HUBZone, and WOSB.
• Contract execution. Where the SBA has approved a joint venture, the
procuring activity will execute an 8(a) contract in the name of the
joint venture entity or the 8(a) Participant, but in either case will
identify the award is one to an 8(a) joint venture or an 8(a) mentor
protégé joint venture, whichever is applicable
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27. Joint Ventures: Exclusion for Affiliation for
Small Business 13 CFR 121.103
• Current exclusion from affiliation based on mentor protégé
relationship as long as the agreement is current and followed. That
stands.
• New exclusion: Broadens the exclusion and allows two or more small
businesses to joint venture for any procurement without being
affiliated with regard to the performance of that procurement
requirement.
• They both must be small under the NAICS for that procurement.
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This assistance may include technical and/or management assistance; financial assistance in the form of equity investments and/ or loans; subcontracts; and/or assistance in performing prime contracts with the Government in the form of joint venture arrangements.
The purpose of the mentor/protégé relationship is to enhance the capabilities of the protégé and to improve its ability to successfully compete for contracts.