Intangible Assets and IP Strategic Planning for Investors and Lenders

Michael D. Moberly, Principal, Founder, kpstrat

There should be little, preferably no, argument regarding the prudence of having strategic plans in place that specifically recognize the on-going relevance of business things intangible and their safeguards.  I have enjoyed various opportunities to convey this perspective to would-be-investors and prospective lenders over many years.

For prospective investors or lenders, who may overlook or not attach due regard to either, unfortunately, doing so, translates (not infrequently) as potential – additional layers of risk which may be unnecessary and perhaps could have been mitigated or wholly discharged in advance.

Let it be understood, intangible assets, i.e., various forms, contexts, and applications of intellectual, structural, and relationship capital, and/or conventionally issued intellectual properties (IP), i.e., patents primarily,

  • are not the sole province of large, Fortune 1000 businesses.

Instead, every company (sector) which I am acquainted, hold milieus of business things intangible which become (are) embedded as ‘operating cultures’. Many of which are acquired and developed to…

  • collaboratively and collectively converge as valuable competitive competitive advantages, and also
  • variously create – enhance – sustain (business) value, revenue generation capability and capacity, and business resilience, etc.

Those whom I have been privileged to speak on this matter, routinely display (a.) expressions of listening, and (b.) questions why this issue was not (apparently) given higher priority relative to their ‘buy – don’t buy, invest – don’t invest’ assessments and decision-making.

  • It useful to recognize, today, and for the foreseeable future, 80+/-% of most businesses value, sources of revenue, competitiveness, and sustainability lie directly in – emerge from intangible assets.

Prospective investors and/or lenders who may be receptive to recognizing and giving credence to this economic fact – business operation (culture) reality, should perhaps also assume a (fiduciary) obligation to incorporate these realities insofar as considering, distinguishing, planning, and structuring an investment, e.g.,

  • How or if a prospective investment target, ala its leadership, recognize, regard, and safeguard their businesses ‘mission essential intangible assets’, in my judgment, speaks volumes.

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