Small business owners have plenty of things to think about in the wake of a worldwide pandemic that has shaken many things up. But that doesn’t mean you can afford to neglect the importance of proper estate planning or business planning options. Using this time to take a step back and reorient where you want the company to go in the near future is a good way to keep on top of these important tasks and ensure that if something happens to you, there’s a plan in place.
Every business owner has the long term vision and goal that their company is a big success, but it can take a lot of work to get there and even more work to sustain it after the fact. When you need to make a departure from the company, you need to know that you have a succession plan that will serve your needs and give your business the sustainability it needs.
That comes down to systems, a succession plan, and the right people. All of these elements should be in place well before anything happens involving you or another company owner needing to make an exit. One primary reason to engage in business succession planning beyond these basics is that if you’re in a partnership, you can ensure maximum options for the remaining partner should something happen to the other one.
Buy-sell agreements can help to accomplish this task because it ensures that unless intended, the family members of the deceased party are not the ones who get access to the company value. If there’s no buy-sell agreement in place, the business could be tied up in the estate administration if one of the partners of the company passes away. Most buy-sell arrangements for small businesses will automatically allow other owners to purchase the owner’s share in the company, allowing for a smooth transition to what the business looks like in this new iteration.
A person running a business cannot have an estate plan without a business succession plan and vice versa. These items must work together to protect your individual interests, your future beneficiaries and the future of the company. All too often, however, critical details are overlooked in your individual or your business succession plan.
A rock-solid plan for the future can give you greater peace of mind and help to protect your beneficiaries if and when you become incapacitated. The first of these issues has to do with incapacity.
Far too many people approaching estate planning look at it just for handling what happens when you pass away. However, it is becoming more likely that the average person entering retirement will at least one or more periods of incapacity during their lifetime in which they are unable to make decisions for themselves. Make sure that you appoint someone else for seamless asset management during these periods of incapacity.
Continued management of your assets and the business should also be included after you pass away. Place these assets inside a trust if necessary because the beneficiaries are not of sufficient maturity or age. Another thing to consider on behalf of your beneficiaries is divorce protection. Although your loved ones might appear to be married happily right now, nearly half of marriages end in divorce. Divorce protection can be one way to give you peace of mind about your loved one’s future. Finally, also consider whether or not beneficiaries could have creditor issues. Asset protection involves developing trust and other strategies that can help to shield these assets from being attacked by creditors. One of the easiest tools to do this, with the help of an experienced estate planning attorney, is to put the assets inside a fully discretionary trust managed by a third-party trustee. If you have questions about approaching the estate planning and business succession planning process, the support of a lawyer is instrumental in helping you to accomplish your goals. Schedule a consultation with an attorney today.
Even if you have an individual estate plan, it is not enough if you also own a company. Many different challenges can befall your family members or employees if you don’t have a business succession plan in place. In fact, up to 90% of businesses in the United States are owned by families but less than 10% of them will make it to the third year in the family and less than 33% will survive even into the second generation.
Owners sit down in the business succession planning meeting to determine a plan to move forward in the event that an owner needs to leave the company due to illness, retirement or death. Estate planning strategies are customized in the business succession planning process and multiple options are evaluated with the help of a professional to ensure that there is a smooth transition in place.
Common issues addressed in the business succession planning process include disagreements, estate taxes, management capabilities, liquidity and percentages of ownership. In addition to developing a comprehensive business succession plan, those key stakeholders involved are responsible for communicating this to the relevant stakeholders. Training of key team members needs to occur well in advance and should never be left until the last minute.
Failing to have a plan can set the business up for a catastrophic problem and many business owners want to avoid this as much as possible. This business succession plan process is also an opportunity to figure out whether the family members that you anticipate taking over the company ae truly interested in doing so. If you discover that a child or other family members do not intend to take over the company, you can begin to make alternative arrangements. Schedule a consultation today with an experienced business succession planning attorney to learn more.
The concept of business succession planning and estate planning must be taken together for anyone who owns a company. There are many different ways that businesses can be transitioned after the sole owner exits. Many people fail to consider that exiting on purpose is not the only way that someone could leave a business.
A sudden divorce or incapacitation could present unique challenges in the business owner’s life, meaning a sudden departure. Many people still wish to actively control their businesses until they pass away, and therefore succession must be addressed in their estate planning documents in terms of their personal representatives. Others may have a clear transfer of power opportunity during their lifetime and may be able to continue as an employee or consultant of the business or retire completely. In certain situations, when power is transferred the business may be sold but there are other situations in which ownership may be retained.
The most difficult way for a client to leave a business is to sell it over the course of his or her lifetime, and then either retire or start a new venture. All of these different options are available to those who are contemplating the benefits of estate planning and business succession planning, and these should always be discussed with a knowledgeable lawyer.
An unplanned exit, whether it is due to incapacitation, death or something else, could generate significant consequences for a business. It is extremely important to have a succession plan in place for every type of business, but franchisees must have them as well. It is a win-win situation when a franchiser requires or suggests that a franchisee put a succession plan in place.
The succession plan doesn’t have to require a great deal of complication, but it will simply outline what happens if the owner leaves by death or otherwise. A planned exit is extremely beneficial to the business because it can lead to minimal disruptions in the company if there is a sudden and unplanned exit. The succession plan may be coordinated along with an estate plan which considers transfers through sale or other means.
This disposition can happen by using buy/sell agreements, family partnerships, life insurance policies, will and trusts, and more. These issues must be coordinated with regard to any restrictions that could exist under a franchise agreement related to the disposition or the sale. Furthermore, the state laws in your individual location can have an important impact on the outcome of the sale.
Opening your own business is an exciting opportunity, but it is also one that requires thought about things that will happen long into the future in an ideal situation. Most people find themselves suddenly grappling with the problems of a business succession plan far too late. Putting their loved ones in the difficult situation of trying to figure out what to do with the company, and even whether they are legally empowered to take action with that company without all of the tools and implements necessary. Thankfully, doing some advanced planning with the help of a planning lawyer can give you a great deal of peace of mind and also provide clarity to your loved ones in the event that something suddenly happens to you.
There are six critical elements of a powerful business succession plan that enables everyone in a power position to make the crucial decisions required when someone suddenly becomes disabled, wishes to exit the business or suddenly passes away. These six elements include:
Beginning the planning process as early as possible even before the business owner has a clear idea for the exit plan.
Structuring the plan with some flexibility to allow to evolve or change
Bifurcating equity in control
Diversifying the planning techniques used for the future of the business
Transferring any tax savings
Incorporating non-tax factors such as family harmony when the exit plan does include some family members but not others.
The right business succession planning lawyer is a strong advocate for the rights of the business owner as well as for the future of the company when engaged early.
Historically low interest rates have been a major catalyst for economic growth in the last several of years, but this has also led to a surge in private equity firms that are looking to invest in a broad range of small and medium sized businesses.
This means that there is a once in a lifetime opportunity for the owners of these companies to become new millionaires and to raise their value significantly. Research collected by BizBuySell inside reports showed that a historic number of small businesses were sold in 2017’s third quarter.
This represented a 24% increase in the number of small businesses sold than the year before. Furthermore, Thomson Reuters shares that private equity funds generated more than $340 billion in 2016 and there has been a 12% increase in the number of private equity funds over the course of this year. Since the Federal Reserve may raise interest rates throughout 2018, now is the appropriate time to schedule a consultation with the business succession planning attorney to talk about the pros and cons of doing your planning now.
Whether it’s a family owned business or a company that you have purchased, you need to be prepared for the process of succession planning shortly after you buy it. It might seem counter-intuitive to think so far into the future when you have only just obtained the company.
However, there are four critical steps that you need to articulate now. The truth is that no one can really predict exactly when they will exit the business. It may be your concept that you will exit when you are near retirement and may pass it on to a future generation. However, if you don’t have any children or other family members who are interested in stepping in or if a sudden disability raises questions about succession much earlier, you will need to be prepared by having had a conversation with a business succession planning lawyer.
Articulating the crucial agreements and documents in place well in advance gives you options. The four major tips that can enable you with the process of business succession planning include:
Starting early, because too many business owners put these important decisions off until the last minute and this does not account for the unpredictability of life.
Choose a successor. You need to evaluate whether the person you choose to step into your shoes is interested and willing to do so.
Establish value. Make sure you establish the value for your share of the business or the business overall by consulting with a business appraiser or a CPA.
Use a formalized working agreement. A working agreement can make a business transfer much simpler and the succession process should be clarified so that it can be activated immediately in the event of a sudden decision to exit the company.
Have you spent a good portion of your life growing the viability of a business? If so, you can’t ignore the second step of a firm business foundation: creating a succession plan that carries on your legacy and your offerings. The right business succession planning lawyer can help you with this process so that you have a clear idea about the future.
Far too many people and successful company owners never engage in the process of business succession planning. It might seem like the process of transferring the company is too far off the future to worry about these concerns but a sudden incapacitating event such as a disability or an accident could render you unable to make decisions in the business and force you and your loved ones to make a decision without maximizing all of the options.
Only 16% of firms have discussed as well as documented a succession plan, according to a Price Waterhouse Cooper’s 2014 study. The potential problems associated with lack of succession plan have not been effectively addressed or fully grasped by many different companies. Most family-owned businesses struggle to keep that family on status passed to the second generation which presents a unique concern that should be discussed directly with your business succession planning lawyer.
Many of the succession plans in place focus only on the financials, but the best succession plans will also consider a people focused combination of leadership development and succession management that helps to set up the business for success in the future. To learn more about the process of business succession planning and why having a documented plan can help you significantly, consult with an experienced lawyer today.
According to data from the U.S. Census Bureau, in 2012, there are 27.6 million businesses closely held in the United States. Business ownership and entrepreneurship are critical drivers of legacy creation as well as significant wealth, but it becomes even more important for the individual to approach estate planning from their personal perspective as well their business.
Owners of closely held businesses should commit to succession planning and looking ahead for exit strategies as well as estate planning as well. Up to 80% of business owners, according to research conducted by the Family Business Institute, indicated that they will be able to pass their company on to the next generation. However, business succession statistics actually show that there is a decrease in business survival. Up to 64% of business owners in 2015, did not have any business succession plan at all, putting their family’s greatest source of security and wealth at risk. You need to consult with an experienced business succession planning attorney as soon as possible to identify all of the opportunities to minimize your risk and this includes looking at succession planning and exit strategies as well.
Consulting with an experienced business succession planning attorney is strongly recommended in the event that you have connections to another company. If you want to transfer your business to a successor or if you are getting ready to retire or slow down, it is important to identify the appropriate business succession planning process to make things as easy as possible on your successors as well as to minimize taxes. Most people put this process off because they assume their exit in the business is so far off they don’t need to think about it. However, a sudden event like a disability can happen at any time.
Treating children who will not be involved in the business fairly.
Transferring or selling the business to children without being hit by serious taxes.
Selling the business to a key employee if that individual has no money.
All these plans should be discussed well in advance with your business succession planning lawyer. Having the intention is one thing, but you also need documents ready to back you up if you decide to move forward with these plans. Legally valid documents can go a long way towards protecting you and helping you craft the transition most valuable to the business and to you.
Consulting with an experienced attorney and identifying potential strategies such as a profit-sharing plan, a qualified personal residence trust or an irrevocable life insurance trust may all be beneficial tactics for identifying a way to pass on the business in a smooth manner. The business can otherwise experience significant interruptions or even face financial jeopardy if the succession plan is not identified by a knowledgeable attorney well in advance. A lawyer can assist you with this process by sitting down and getting to know you and your individual business.
When it comes to looking years down the road in your business, one of the most important things you can do is to plan early. Starting now allows you to understand all the key issues while also building in time for training and flexibility.
Most business owners do not anticipate their own exit, whether it’s through retirement or other reasons, such as disability or divorce. This can prove problematic for the entire company, not just the owner. This is because the transition of a business should be planned well in advance with careful consideration given to who will take over the major management aspects of the company and other responsibilities.
A business owner usually has the mindset that he or she will be in the chief role for many years to come, but he or she may naturally tire of the responsibility or need to depart suddenly. Without any forethought, this can lead to scrambling to choose the right person.
Aside from planning ahead for the transition of staff and the right training time for someone to step into bigger roles, there may be tax consequences related to how the business is handled, too. The critical documents for the business, like a buy-sell, may also outline what is and is not allowed. Anyone who could potentially be impacted by a business owner leaving should be thinking about the role of business succession.
It might seem like it’s too early to plan for departure, but it’s far better to accomplish these conversations earlier rather than later. No one expects to suddenly depart their own company, but failing to even consider the option could lead to conflict and confusion if the event does happen.
The right lawyer can help you understand the role played by business succession planning and why it should be incorporated into your business strategy as soon as possible.
Meeting with an experienced business succession planning attorney can help you overcome what’s known as decision inertia. Meeting with a professional who has assisted others with a business succession planning process can minimize the uncertainty that may exist when it comes to thinking about your future. Helping you determine the desire for passing on the business can generate some difficult questions but also some important ones.
Many small businesses today struggle to create a comprehensive framework for developing their staff and yet this can be critically important in the perspective of business succession planning. Although you might be thinking traditionally about who will take over the business, it is equally important to understand how you will help develop and train the current staff that you have so that they can step into management roles.
Thinking about who will play these key roles down the road can be extremely beneficial for the firm as well as it minimizes confusion and uncertainty in the event that you have to suddenly exit. Remember that business succession planning is not something that comes into play only when you pass away or sell the business.
It could also come into play in a situation in which you are disabled and suddenly need to exit the business. This is why there are so many benefits to conducting your business succession planning now. Many people cannot anticipate accidents or disabilities that will have a significant influence on their personal as well as their professional life. Having a business succession plan that identifies talent now and works to help people grow into roles can be extremely beneficial.
Every family business should have succession planning as a key priority. Sooner or later every individual will want to retire but there are numerous other reasons why you may wish to step out of a business. Ensuring that you have enough money to retire on and that you have key procedures in place in the event that someone wishes to leave the business is important not just for the future of the company but also for your loved ones.
Think carefully about whether or not the business will be carried on by relatives. If this is the case, then it is more important to have a clear business succession plan to manage the issues including a smooth transition between the people who are working there now and future owners of the business. In any family business, succession planning can become immediately more complex as a result of the emotions and the relationships involved.
According to research, more than 70% of businesses owned within the family will not survive the transition from the founder to the second generation. In the majority of cases, the challenges that ultimately close down these businesses are family discord and taxes. However, setting up a meeting with an experienced business succession planning attorney now can help to address these issues and avoid them entirely. You may wish to consult with eth tax component as well as the potential for reorganizing the corporation and the strategies by which future business owners and managers will be trained in their new roles.
No matter the size of your business, it’s important to think ahead to the future. This could be one of the most important ways that you protect your loved ones and also ensure a successful financial future for your business. What follows are several of the most important tips to keep in the back of your mind when it comes to succession planning. The longer you put off the process of succession planning with an attorney the harder it will be to take action.
Here are four tips you need to use to maximize your succession planning opportunities immediately. These include:
Here are four tips you need to use to maximize your succession planning opportunities immediately. These include:
Involving your family. No matter what vision you have for your future, make sure that your relatives are at least included in succession planning discussions.
Put together a team of advisors. Your dream team of advisors should include a business succession planning attorney, business partner, succession planners and even accountants to guide you through what could be a complicated process.
Include and exit strategy within your business plan. There’s a good chance that you already have a business plan identified for the next several years. Your exit or succession strategy should also be incorporated into this plan.
Identify and train a successor. One of the most common mistakes made in the business succession planning process is not getting the appropriate help and training opportunities for your business today. Thinking long range means you need to carefully consider who is within the company now who could potentially be trained to take on a more management role. This may even require bringing in outside talent if you do not currently have someone who is interested in this potential role.
Waiting too long could jeopardize the future of the company because the person you select may not have the appropriate background or training in place if something were to happen to you. Consulting with an experienced business succession planning attorney is often a first step towards success.
It’s often been called the Holy Grail of family business succession plans: anyone currently in charge at a company expects that someone within the family will take over operations as the former owners, the parents, step down.
The reality is that it does not happen that often. Most family business owners have this as a goal and dream, but it rarely works out this way, making succession planning options all the more important for parents.
A recent study by Forbes found that although US families have better wealth attrition numbers than Europe, it’s hard for children and future generations to maintain or grow wealth the way their parents did. US families have a 60% wealth attrition rate for each generation, although the European stats show only one-third of the US rate. However, in Europe, up to 75% of family businesses with stay in the family for four or more generations. In the US, it’s rare for a company to stay within the family for even two generations.
This highlights why family businesses in the US need more in their succession plan than outlining which child will take over responsibilities. What happens if that child has no interest in maintaining the family business? If he or she has other plans and there’s no contingency? Businesses, and in particular family businesses, are exposed to big risks if no succession plan has been outlined, but it can also be a mistake to assume that children or other family members even want to step up to the plate with a family business.
Have a real conversation with children or other key family members about what role, if any, they’d like to play in the business in the future. It might be hard to accept that your loved ones don’t have the same passion and drive for the company, but it’s much better to know now than to expose the business or the family member to a situation that is not ideal.
There are many other options for handling a family business, such as finding in-office talent to rise up the ranks and take on leadership positions or even selling the company. In the midst of the day-t0-day management of the company, it can be hard to shift your mindset from that of dealing with what’s right in front of you and seeing the long-range vision, but it’s also important to incorporate this into your planning.
A family business requires a lot of work and dedication. If your loved ones don’t have the passion now, begin to articulate how someone else might ultimately take your place if something happens to you.
To discuss succession planning issues in greater detail, set up a meeting with a lawyer.
When you start your business, it’s easy to get overwhelmed with all the decisions you have to make, but this is no excuse for overlooking the power of choosing the right entity. When it comes time to sell the business, what you chose as your entity can make a big difference. Read on to learn more about how these choices will influence you.
Sole proprietor: The classification of gain or loss is important here because it depends on the nature of the assets. You may also need to factor in whether you’re passing on the business to family members or someone else and make sure there’s a training plan in place.
Corporate shareholders possess a capital asset- stock, meaning that when it’s sold, there’s a capital gain.
Partnerships and LLCs will typically report ordinary income when the business is sold in addition to capital gain
Planning for a future that seems far off is not always easy, but a business succession planning lawyer can help. There are several steps you should take to protect yourself:
Review your buy-sell agreement and any other business agreements
Consider the cash value of the business and how this might influence a sale
Plan for a clear transfer of ownership if you have a family business
Having these items documented well in advance and considering both the succession and tax implications for your business is critically important. Don’t make the mistake of overlooking these.
Many entrepreneurs have one thing in common: they tend to like to do everything by themselves, at least when the company is started. Over time, however, what tends to separate the extremely successful from the barely surviving is being able to tap into other resources and surrounding the entrepreneurial journey with a team of professional advisors who help him or her implement short and long-term strategy.
Entrepreneurs have unique estate planning needs. In addition to thinking about the future of their own assets, it’s equally important to consider the future of the business, too. Finding the right estate planning attorney can have a big impact on an entrepreneur’s ability to plan. There are five primary tools that most entrepreneurs should consider when putting together their estate and their long-term business planning. Meeting with the right lawyer can help to identify the best opportunities to move forward with estate planning while keeping the future of the company in mind as well.
In many cases, the estate planning for an entrepreneur may be infused with both individual and business plans. This is why it’s so crucial to identify an attorney who understands that and works to create a comprehensive and personalized plan for the business owner. Having to suddenly exit the business due to incapacity, for example, can raise a lot of questions for the entrepreneur about who is empowered to make medical or financial decisions for the business owner but also how the company will be handled, whether it’s a short or long-term absence.
Entrepreneurs frequently pour their heart and soul into founding and growing a company. Determining the most appropriate way to protect it is equally important. Make sure you identify an estate planning lawyer with experience helping individuals as well as business owners with estate planning and succession planning needs. The right lawyer can give you a lot of peace of mind about the future.
Without a proper business succession plan, the very future of the company is in question. The entire business could even tank due to a lack of a proper succession plan. Without some guiding documents in place, new owners and family members may be stepping in to a very complex situation and may end up in conflict with one another. It’s important to meet with an attorney who has extensive experience in the realm of business succession planning to start with to ensure a comprehensive approach towards protecting individuals and the interests of the business.
Although to some extent certainty and clarity should be incorporated into your estate plan, the owner might assume risks in order to help grow the business. The owner may even have a concept in mind for when he or she will elect to leave the business. However, there are so many different events that can disrupt this plan. If you have not planned for some adaptability in the business succession plan, all the hard work can go up in smoke.
One key aspect to remember in any business succession plan is the transition of the owner. How will he or she maintain an operational role or compensation during the succession process? If the clients intend to remain with the business because of their connection to the owner, this transition period could lead to a lack of trust. Any buyer will want to be able to minimize the potential impact of fleeing or unhappy clients. One way to address this is by using an earn-out structure for the owner’s exit.
If you have more questions about the business succession planning process, reach out to an experienced lawyer today.
After putting in all the hard work to get your business off the ground, it can seem like a good time to take a break from planning. After all, who wants to think about the end when you’ve just made it to the beginning? The ones most likely to skip out on estate and business succession planning are young business owners who consider themselves to have few assets.
Although it might seem counterintuitive, taking the steps to conduct estate and business succession planning early on is strongly recommended. Business owners forget that assets like retirement plans and group life insurance can be classified as part of your estate. This means that if someone dies without a will, state laws determine where those assets will go rather than the former owner. This can lead to unintended outcomes, like a young business owner’s parents, receiving all the assets.
Bear in mind that death is not the only reason someone might exit a business. It’s essential to partner with an experienced attorney to discuss what happens if a partner or a shareholder exits the business due to disability, for example, all the same questions will be raised about transferring management or other responsibilities. Without proper planning, there can also be unintended tax consequences, too. Having a clear plan to outline what should happen when any partner or essential stakeholder needs to step out of the business suddenly.
Without a proper plan, all of the hard work that went into establishing and growing your business can come to a screeching halt. This can be extremely problematic and can even impact the company’s ability to get things organized quickly.
Ready to get a plan in place for your company to minimize transition headaches? Contact an experienced New Jersey business succession lawyer today to learn more.