The issue of the death of a business owner should be
considered during the start-up of a business. Unfortunately, during the
creation of many buy/sell agreements the issue of death is only addressed at
the urging of a life insurance agent. At the meeting, you arbitrarily decide
how much insurance you can afford and how much your company is worth, when in
fact you do not know.
Disability:
Death is not as likely to end the business relationship as
disability. The business survival will often take prescient over paying a
disabled partner. If the person is important to the business, the financial
strain impacts the business and the family who depends on the income.
Divorce:
You can imagine the torn feelings if a disability occurs,
but what if the partners cannot get along? How do we split a partnership
without financially ruining each other? It may be complicated by many
personalities, some may not even be a part of the dispute, yet may be affected
financially.
Departure:
You may all be happy working together, but your partner or
you may decide to leave for another opportunity or simply to take life easier.
Who is going to do the work? What is owed the leaving partner? Where is the
money coming from? All important considerations for your business exit
strategy.
A Fair Buy/Sell Agreement
For the business owner, each one of the four D’s has
special demands on: family, income, taxes, and transfer of control of assets.
An agreement, commonly called buy/sell agreements, can be used to handle the
four D's. The concern of the family or income can conflict with the business.
The business exists as a separate entity. Reduce conflict by developing mutual
fair agreements and the desired level of income.
Creating a Business Exit Strategy
- Find a method of determining the value of the corporation that can be done at least annually and will qualify under IRS standards.
- Develop an employee
benefit plan that will assist with the departure of each partner in case of
death, disability, or retirement.
- Plan for who
retains company ownership and who gets paid off.
The great American dream is to: build a business of your
own; bring it to life; and make it successful. How you plan your business
exit strategy will determine your financial success. Just as building a
successful business takes planning, hard work, and a little luck, so does
leaving it.
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