Business Succession Planning

Whether you are a mega corporation or a Mom and Pop operation, business succession planning is critical. Do not let your business go down the tubes because you fail to anticipate the next generation of business ownership. There are many scenarios a business owner may want to consider. The primary ones are: (1) Your children will inherit AND run the business. Have you talked to your children about their interest? Are they currently involved? Do they care about the business? Are some children more involved or interested than others? Take the time to answer these questions and plan accordingly. (2) Your children will inherit BUT others will run the business. Do you have an agreement in place with current or potential partners of your business? What are the expectations upon your death or your disability? How would your family be compensated for their interest in the business should you die? Take the time to answer these questions and plan accordingly. (3) You have a Key Employee or potential third party purchaser. Do you want to retire from the business and reap the benefits of your labor. Take the time to answer these questions and plan accordingly. Contact us at http://www.ythlaw.com/ for expert assistance with businses succession planning and other estate planning, probate and elder law needs.

Estate Planning Mistakes - Number Twenty-Two

If you have a business, then you should have a buy-sell agreement or a business succession plan. Business succession planning, including ownership succession and management succession, is critical to business owners. Will the business be transferred to family members, a key employee or other purchaser?

The buy-sell agreement is often an integral part of such planning. There are three basic types of buy-sell agreements: First, stock redemption agreements where the company agrees to purchase the departing owner’s interest; second, cross purchase agreements where the other owners agree to purchase the departing owner’s interest themselves; third, hybrid agreements that combine elements of the other two.

A buy-sell agreement protects each owner’s interest, preserves value, and prevents later disputes when an event of transfer occurs. A transition event could be a voluntary departure, disability, retirement or death. What happens if one of the owners gets a divorce? Without a buy-sell agreement to address these issues and assure orderly transition, the resulting chaos could be financially devastating for any business owner.

Critical Note:
How do you value your business? Once a value is established, how do you fund a buy-sell agreement? Business valuation is one of the most problematic issues surrounding the buy-sell agreement. There are several business valuation methods. A few of the common methods include determining value with reference to (1) book value, (2) capitalizing the earning of the company over a fixed period of time, (3) setting the value by independent appraisal, or (4) periodically setting a fixed value by mutual agreement of the owners of the company. Experience shows that having the owners periodically determine the value is seldom satisfactory; they seldom get around to doing it and the value gets stale. A backup, such as determining the value by appraisal if the owners haven’t set the value in the last year or two is an important provision of a buy-sell agreement. Choosing the appropriate valuation method to implement is critical.

As pertains to funding, there are generally three ways to fund a buy-sell agreement. They are a cash sale which requires savings; a financed sale whereby part of the sales price is represented by a promissory note usually secured by a pledge of the stock being transferred; or if a cash or financed sale is not feasible, a sale funded by life insurance may best address the funding of a buy-sell agreement.

Contact us at http://www.ythlaw.com/for all your business succession needs.

The Three Important Steps to Any Plan

It is a very windy day as I write this blog entry. Today my thougths are about the importance of planning. Whether estate planning, retirement planning, financial planning, long term care planning or personal and business planning, there are 3 important steps. You have to (1) access where you are, (2) determine where you would like to be and then (3) write down the strategies and action steps to get to where you want to go.

Along the way, have a great time because each and every moment is creating the life story that you want to leave as your legacy.

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