Wednesday, April 3, 2013

Buy/Sell Agreements: An Indispensable Succession Tool

By Timothy Moseri


As an entrepreneur, you've probably worked hard to build and manage an operation that provides income and wealth for your family. In fact, most of your time, energy, and finances may have been invested in your business. As a result, it has more than likely become a major part of your estate. Unfortunately, the business that has provided for your family during your lifetime may not do so at your death. Typically, only a small number of family businesses are actually passed on to the next generation.

Your business may be so reliant on your impact as an owner, that it could have little ongoing worth after you pass on. Also, any efforts to pass the operation on to family members may be hindered by estate taxes (up to 49%), which could leave no option for your successors but to liquidate. Although the business may still survive after your passing, finding a buyer may be difficult. Unlike a publicly-traded business, a closely-held small company may not command its full worth on the market. If your family does not have direct involvement in the business upon your death, the profits from the sale may not be enough to financially sustain them.

Most owners begin succession planning by deciding whether they want to pass the business on to a family member, associate, employee, or an outside buyer. The business will command its greatest value when it is running at full speed. Essentially, you should find a buyer now.

The most important element of an effective exit plan is the buy/sell agreement. This contract compels the estate of the deceased owner to pass ownership rights at a predetermined price to another party (family member, outsider, or business itself). This creates a market for the business interests of the former owner, it establishes value, and it allows for a successful changeover of the business.

A buy/sell agreement is only as good as the funding available to carry it out. For this reason, most agreements indicate how the purchase is to be funded. Since the agreement becomes effective at your death, life insurance may be the logical and most cost-effective option.

Finding the most suitable method for a buy/sell is often a complicated process. There are certain advantages related to your estate planning, operating control, and taxes that are offered with each method. The option you choose will mainly rely on the particular circumstance, and it should always be discussed with qualified specialists. In addition to your attorney and CPA, your insurance agent will also have a major role in developing and executing your exit plan.

Long-range planning is often subject to change and your buy/sell agreement should, therefore, be reviewed periodically to help assure it continues to meet your needs. By working out the details of you buy-sell agreement ahead of time, you can help ensure that your business and finances are well protected. Additionally, there will be a better chance that your business will continue to produce good results for clients, employees, associates, and most importantly, your family.




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