How will your business affect your business succession plan? Part Three: Family Business

Family Business Exit Strategies

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During the last two posts of this series, I introduced the concept of different business categories and how each of these will be affected differently when establishing Your Business Succession Plan. 

Business Succession Planning is relevant for every business owner because one day, you will either want to or have to, exit your business. How this is to occur will depend on the type of business you have and the type of outcome you are looking for.

Despite the type of business you have, you’ll want to maximise the cash flow and profits you receive when you exit, whether by planned or unplanned circumstances.  This will be very important if you want the sales proceeds to fund the next phase of your life, or to assist you and your family to maintain a decent living standard after you exit your business.

During the previous posts I discussed situations involving the Sole Proprietor and the Medium-sized Business about how to maximise their outcome when they exit their business. In this final part of the series, I will discuss the succession plan of attack for the family business owner who wants to pass the business on to the next generation.

family business tree for you business succession part 3 - family run business

Typically the family business owner can be the most difficult succession plan to devise, because it not only involves the business value, money and mode of operation in succession discussions, but also the family and its dynamics. 

If you are a family business owner, it is especially challenging for you because, not only do you need to build it in a manner that will make it a valuable asset to set you up comfortably for the next phase of your life, but it must also help you to pass on and assist the next generation (your family) to build sufficient capital and skills to buy and run the business.

However, even If you are like some family business cases, where you have sufficient additional assets to consider gifting the business asset to family members when you exit your your business, careful succession planning is still essential. 

There are substantial tax implications for you when you gift your business to family members, so don’t overlook the opportunity to gain specialist succession advice well before exiting. 

Your family business is just as vulnerable when you fail to take the action to formalise an agreement to overcome the six identifiable succession triggers (Dispute, Death, Disability, Divorce, Desire for change, Decision to Retire). There are plenty of failed family businesses because they rested on the thought that as a family they’d be ok and work out any succession planning issues when the time came.  If anything, the emotion within a family can steer a business in an un-business like manner.  Don’t become the next statistic.

Do you want to know how prepared you are to Exit from your Business?

Take the FREE Business Exit Quiz to receive your customised report. It takes about 2-3 minutes to complete.

You can also Download 3 FREE chapters from the popular book, “Your Business Succession”.

If you haven’t engaged a Business Succession Strategy Team working together for your benefit
it’s time to do so. Click here to Book your FREE 15 minute consultation with the Exit Experts Succession Strategist (only for subscribers of this blog, so please log on to subscribe)

Here’s to your profitable Business Succession!

Leigh Riley

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How will your business affect your business succession plan? Part Two: Medium Sized Business

Medium Business exit strategies

(Read on for your Three FREE offers with this blog post)

In the last post, I introduced the concept of different business categories and how each of these will be affected differently when establishing Your Business Succession Plan. 

Business Succession Planning is relevant for every business owner because one day, you will either want to or have to, exit your business. How this will occur will depend on the type of business you have and the type of outcome you are looking for.

Despite the type of business you have, you’ll want to maximise the cash flow and profits you receive when you exit, whether by planned or unplanned circumstances, particularly if you want the sales proceeds to fund the next phase of your life, or to assist your family to maintain their livelihood.

your business succession exit - medium sized businessDuring the previous post I discussed Category One being the Sole Proprietor and how to maximise their outcome when they exit their business. 

In this session, I’ll concentrate on the second of the business types. If your business fits into Category Two, you’ll be the type of business owner that puts a large portion of your time and money back into your business.

Your goal is to build the value of your business in a manner, that, by the time you exit from it, will have grown to quite a valuable asset. More likely to be a medium sized business, your business is not reliant upon your services within it, because you’ve developed a team of people to fulfil all the tasks that keep it operational,and if you haven’t already, you are more likely to be developing a management team to oversee it.

Your succession plan will be different because your most ideal successor is probably already working in your team.  Usually they will be familiar with the business clients, systems and processes, products, services and suppliers, so this part of the succession plan becomes a lesser issue when passing on the baton.  

Your succession strategy can encompass many more options than that of the Sole Proprietor, but is no less vulnerable if you don’t take the action to formalise an agreement that overcome the six identifiable succession triggers (Dispute, Death, Disability, Divorce, Desire for change, Decision to Retire).

Due to the size of the valuable business asset you have built, funding the eventual buy-out will usually be a larger problem to overcome.  As a business owner wanting to extract your business wealth in cash, you will need to think outside the square, and a lot earlier, to ensure your potential successor has the financial capacity to pay you your rightful entitlements. This has become more of a problem in a market place that is inundated with tough financiers who severely scrutinize loans on business transactions and acquisitions.

Quite often business owners in this category are aged between 40 to early 50s, and don’t have a lot of personal assets, but tend to have more debt commitments because all available financial resources have been poured back into the business.  If you can relate to this scenario, it makes it more crucial for you to lock in a business succession strategy, that will release you of your debt commitments and protect your interests in a way that will maximise your financial outcome.

Do you want to know how prepared you are to Exit from your Business?

Take the FREE Business Exit Quiz to receive your customised report. It takes about 2-3 minutes to complete.

You can also Download 3 free chapters from the popular book, “Your Business Succession”.

If you haven’t engaged a Business Succession Strategy Team working together for your benefit it’s time to do so. Click here to Book your FREE 15 minute consultation with the Exit Experts Succession Strategist

In the next blog, I will discuss the third category type for succession planning which is the Family Business.

Here’s to your profitable Business Succession!

Leigh Riley

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Exit Planning for founder of the Million Dollar Quartet

Currently, I’m in Chicago USA attending the MBA style intensive exit planning study program for Small to Medium Enterprises.

I’ve had 3 days to adjust for jetlag and tonight I treated myself to the Broadway hit show – The Million Dollar Quartet.  This was not only a brilliant display of talent and showmanship, but also raised some interesting points relevant for business owners.  The story is told through the eyes of the Sam Phillips, owner and manager of the recording label “Sun Records”, that gave new talents their chance to make it in show business.  It’s been said that it takes talent to know talent, and that is what comes across loud and clear to me about Sam as I enjoyed the show.  Sam discovered the big names such as Elvis Presley, Johnnie Cash, Carl Perkins and Jerry Lee Lewis. Sam had the knack of understanding the wants of the teenage music market at the time, and hand picked the talent that would provide it.  The rest is history.  Despite Sam’s great ear for the up and coming sounds that would pay dividends for his company, he didn’t understand the need to protect his business what he had worked so hard in business to achieve.  He’d taken the risk with these young unknowns, and was so successful at promoting them, it attracted the intense interest of bigger players that enticed these young ambitious artists with lucrative contracts involving greater exposure and success for them.

Sam made some key business mistakes.

1. He had not conceptualised a continuity strategy that would protect his revenue streams.  When he lost his best artists, his business was virtually worthless.   

2. When the offer presented for him to merge with a larger competitor, his ego would not allow it, and hence he suffered financially… Sam didn’t know when to relinquish control for the greater good of him and his company.

3.  Sam did not know how necessary it was to grow his company along with his clients.  They outgrew his service offering and had no choice but to move on, despite them being very appreciative for all he’d done for them.  Not one of them made the decision to move very easily.

Sam was a great guy and a very talented one, but it takes more than this to succeed in business.

I have to ask you now, are you making some of Sam’s mistakes? Or have you implemented strategies to protect your business income?  Is your business developing in a manner that will retain your clients?

 Have you thought about your business exit strategy and is it prepared for all possibilities?

Without a plan to address these fundamental business attributes, it’s likely your business has no real value that can be sold, which is likely to impact your financial future.

 If you want to know what you can do to protect and grow your business value, start by reading the book, “Your Business Succession…proven strategies to boost business profits from start up to step down”  It’s all about how to enter, execute and exit from your business for maximum cash flow and profit.

You can also sign up for the Free Webinar on 21 June 2011 by emailing your interest to my office at support@ybsprofits.com    or   call 1300 499 225 to book your place.

The session will be run in two timeslots, 2pm and 7pm of 45 minutes duration.

Places are limited so don’t delay.

 

Here’s to your successful business exit strategy!

Leigh Riley

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How will your business affect Your Business Succession plan? Part One: Sole Proprietor

Succession Planning is relevant for every business owner because one day, you will either want to or have to, exit your business.

It is normal for you to hope to sell your business when you exit, and the chances are, you will need the sales proceeds to fund the next phase of your life, or to assist your family in maintaining their livelihood.

How this will occur will depend on the type of business you have. In my experience there are generally three main business categories, and each will require a different approach to their succession planning. This blog will be written in three parts to focus on each of the three main categories, with the first of these being

Category One: Sole Proprietor.

If you fit into the first category, you will have a business that relies on your sole capabilities. For example, if you are a consultant or independent professional (such as a lawyer, accountant, doctor, etc), your business is likely to be the mechanism to sell your expertise and generate your income.

In this situation, you are likely to have a client base that can be sold when the time comes to leave, however the business book alone may not generate the sort of financial outcome you had hoped for.  This could leave you short of cash to fund your retirement, or leave your family with a lowered living standard if you leave under stressed circumstances.

If you are to improve your financial prospects when you leave your business you will want to build an asset with a reliable recurring revenue stream that is not entirely reliant upon you (see the concept of building your
business to the “Three Dimensional Zone of Value” discussed in the book “Your Business Succession” because this will yield the most profitable outcome for you when you exit. 

small business stages of business development from unilateral to the three-dimensional zone of value

If you aren’t sure how to achieve this, you may want to engage a business succession strategy team to assist you (book your free 15 minute consultation), so you can maximise the cash flow and profits you receive when you exit your business.

Building your business value, is only part of the succession plan you want to build, because you will also want to identify your successor to establish agreed terms that secure your position through both planned and unplanned circumstances. 

If you are to profit the way you had hoped, your successor will need time to  be introduced to your clients, staff, business processes, suppliers etc, so the earlier you can set up the arrangement, the better your outcome will be.  Successors who have been given time to establish relationships with these key areas of your business will usually be prepared to pay a higher price for your business because it is more likely the clients will stay on.

If you are not prepared to take the steps to build your business succession plan in this way, you will want to ensure you are building a nest-egg aside from your business to ensure you achieve the financial security you’d always wished for.  You may want to engage a financial planner to assist you in building an asset base away from your business.

Discover how prepared you are to exit from your business?

Take the FREE Business Exit Quiz to receive your customised report. It takes about 2-3 minutes to complete.

You can also Download three FREE chapters of the books.

If you haven’t engaged a Business Succession Strategy Team working together for your benefit it’s time to do so. Click here to Book your FREE 15 minute consultation with the Exit Experts Succession Strategist (only for subscribers of this blog, so please log on to subscribe)

In the next post, I will discuss the second category type for succession planning.

Here’s to your profitable Business Succession!

Leigh Riley

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Medical Practice Succession Case Study #1 – Is Your Practice Properly Valued?

Medical Practice Succession Case Study #1
CASE STUDY # I Effects of failing to properly value a medical Practice
A GP named Dr Dave nearing retirement offered a talented younger GP named Dr Pete, a 20% stake in his Practice, as a retention strategy, and also as part of her remuneration package. A loose and informal buyout agreement was verbally agreed to, whereby Dr Pete would acquire the remaining 80% over four years, as part of the incentive bonus remuneration package which had been arranged. The Practice valuation was based on Dr Dave’s own estimations, because both parties believed that it was not worth paying the accounting fee for a proper valuation.
Later, Dr Pete married, and sadly, she afterwards died in an accident. Her new husband ordered a formal valuation of the Practice and made demands on Dr Dave for payment to the value of his inherited shares.
The Practice valuation was higher than had first been thought likely, and because the shares had been offered as incentive (rather than being purchased) under a verbal agreement, Dr Dave didn’t believe that he should pay the spouse anything. Unfortunately the legal opinion disagreed, and Dr Dave had to pay up. Without available cash on hand, he was forced to borrow the funds in a difficult borrowing environment, which required him to delay his retirement significantly, until the debt was repaid. It was hard to find an alternative potential buyer, thanks to the lack of available candidates in the marketplace at the time. The costs involved in resolving the legal dispute far outweighed any initial set-up costs that would have been incurred. If only he had sought professional advice from the beginning.
This case could easily have been an example of a viable succession strategy for the GP; however, it instead demonstrates a series of common succession strategy mistakes, all of which would have been overcome with some professional guidance.
In order to have made this strategy a success, Dr Dave would have needed to include a number of vital measures:
Be prepared to seek and pay for professional advice to ensure the strategy would work for the advantage of both parties
Organise a formal valuation of the Practice to determine the true basis price as part of the terms
Formalise the strategy with specified terms, in a legally written Buy-sell agreement, so that there could be no misunderstanding of each parties rights, and so that loved ones would automatically benefit without distress or legal argument
Arrange insurance to meet the contingent aspects; this would have provided instant capital to pay out the deceased party’s spouse (thereby requiring no debt funding), and may also have allowed Dr Dave to retire fully funded, without the need to delay retirement
Professional advice from succession experts would have ensured that the strategy could provide the most advantageous structure from a tax perspective.

Why you want to properly value your medical practice

Dr Dave, a GP nearing retirement, offered Dr Peta, a talented younger GP, a 20% stake in his Practice, as a retention strategy, and also as part of her remuneration package. They agreed verbally to a loose and informal buyout strategy, whereby Dr Peta would acquire the remaining 80% over four years, as part of the incentive bonus remuneration package on which both doctors had agreed.

The Practice valuation was based on Dr Dave’s own estimations, because both parties believed that it was not worth paying the accounting fee for a formal valuation.

Later, Dr Peta married, and soon afterward tragically died in an accident. Her new husband requested a formal valuation of the Practice and made demands on Dr Dave for payment to the value of his inherited shares.

Why GPs want a formal valuation for your medical practice succession

The formal practice valuation was higher than Dr Dave had estimated, and because the shares had been offered as incentive (rather than being purchased) under a verbal agreement, Dr Dave didn’t believe that he should pay the spouse anything. Unfortunately the legal opinion disagreed, and Dr Dave had to pay up. Without available cash on hand, Dr Dave was forced to borrow the funds in a difficult borrowing environment, which required him to delay his retirement significantly, until the debt was repaid.

What’s more, finding an alternative potential buyer was difficult due to the lack of available candidates at the time. The costs involved in resolving the legal dispute far outweighed any initial succession set-up costs he would have incurred. If only he had sought professional advice from the beginning!

This case could easily have been an example of a viable succession strategy for the GP; instead it demonstrates a series of common succession strategy errors, all of which would have been avoided with appropriate professional guidance.

What Dr Dave could have done to prevent his practice succession nightmare

Prescription for medical GPs to exit their practice with maximum cash flow and profits

Dr Dave would have needed to include a number of vital measures:

  • Invest in qualified professional advice to ensure the strategy would work for both parties.
  • Organise a formal valuation of the Practice to determine the true basis price as part of the terms.
  • Formalise the strategy with specified terms, in a legally written Buy-sell agreement, so that there could be no misunderstanding regarding each party’s rights, and so that loved ones would automatically benefit without distress or legal argument.
  • Arrange insurance to meet the contingent aspects; this would have provided instant capital to pay out the deceased party’s spouse (thereby requiring no debt funding), and may also have allowed Dr Dave to retire fully funded, without the need to delay his retirement.
  • Professional advice from exit experts would have ensured that the strategy would provide the most advantageous structure from a tax perspective.

How prepared are you to exit your practice with maximum cash flow and profits?

Take the FREE Business Exit Quiz and and find out!

FREE Practice Exit Quiz - How prepared are you to exit your practice with maximum cash flow and profits?

To Your Profitable Practice Exit,
Leigh Riley

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Why You Want To Communicate Your Business Exit Plan To Your Family Right From The Start

Case study 10
Error #3: Poorly Communicated Succession Plans Cause Dispute and Business Failure
A common error of judgement by business owners is that they attempt to shoulder the decision-making process of succession all alone. Dividing a business in a family situation can be one of the hardest decisions of all, particularly if the main asset you hold is your business and you have one or more competing children hoping to eventually take control.
As the business owner, it is more than likely your right to ultimately distribute and hand over the business in a way that you feel is most appropriate.
However, if an amicable outcome with business continuity and maintained relationships are important to you, a wise strategy is to involve and communicate your intentions to gain feedback and acceptance from the main involved stakeholders. When you fail to communicate with all involved, the outcome could be a disaster for the business, resulting in financial disappointment and relationship breakdown for all the interested parties.
Let’s now consider case # 10 of the business owner.
CASE STUDY # 10
Effects of family disputes after succession leading to dissolution without a sale
In this family business situation the owner, Stuart, was a father with three children. His eldest child, Tim, had worked in the business all his life and had contributed significantly to building the business value. When Stuart died, leaving an equal share of the business to all three children, Tim felt short changed because he had made this business his life’s work.
The business had insufficient borrowing capacity and Tim could not afford to buy out his other siblings when they insisted on liquidating the asset, thereby forcing the sale of the business. Tim contested the will, insisting he deserved more than one-third.
Unfortunately, the business sat closed and abandoned as a lengthy and costly lawsuit ensued over two years. The result was irreconcilable family breakdown and decline in the business value due to loss of income and clientele.
To add insult to injury, an opportunistic competitor established a similar business across the road, effectively gaining all of the business clientele.
This situation could have been saved and all parties’ interests could have been protected if only Stuart had chosen to communicate with Tim about his desire to leave the business in equal shares to him and his siblings.
Tim could have expressed his love and desire to one day own the business, which would have provided the opportunity for them to seek advice about how to structure it so that Tim could take over without his siblings missing out on their share of the inheritance.
There is an easy solution to this problem, which would involve Tim entering an agreement with his father to buy out the business upon certain succession triggers. The agreement could be arranged to provide Tim with full funding by using insurance and vendor finance terms to facilitate the transaction. Full details of the solution strategy options described here are covered in Part 5.
Making known a business owner’s succession intentions when they leave is only part of the communication required within a business to ensure every stakeholder understands their rights and responsibilities. Communicating the exit terms from the start of a business relationship is essential for a fair outcome during times of internal disputes, as you’ll find outlined in the next situational error.

Poorly Communicated Succession Plans Can Lead To Business Failure

One of the biggest mistakes made by business owners when it comes to succession planning is making all the decisions alone. Often the most difficult decision is how to a divide a business in a family situation, particularly if the main asset you hold is your business and you have one or more children competing to eventually take control.

As the business owner, it is more than likely your right to ultimately distribute and hand over the business in the way that you feel is most appropriate.

However, if an amicable outcome with business continuity and harmonious relationships are important to you, then you would be wise to include all the family members involved and communicate your intentions to gain feedback and acceptance from the main stakeholders. If you fail to communicate your intentions accurately with all involved, the outcome could spell disaster for the business, resulting in financial disappointment and relationship breakdown for all the interested parties.

Closed business due to family fighting after failed business succession plan

CASE STUDY – Family disputes after succession cause business closure without a sale

Business owner Stuart was the father of three children. His eldest child, Tim, had worked in the business all his life and had contributed significantly to building the business value. When Stuart died, leaving an equal share of the business to each of his three children, Tim felt short-changed because he had made the business his life’s work.

The business had insufficient borrowing capacity and Tim could not afford to buy out his siblings, who insisted on liquidating the asset, forcing the sale of the business. Tim contested the will, insisting he deserved more than one-third.

Unfortunately, the business remained closed during the lengthy and costly lawsuit that continued for two years, resulting is irreconcilable family breakdown and decline in the business value due to loss of income and clientele.

To add insult to injury, an opportunistic competitor established a similar business across the road, effectively gaining all of the business clientele.

How to prevent family disputes after succession from destroying your legacy

This situation could have been prevented and all parties’ interests could have been protected if only Stuart had chosen to communicate with Tim about his intention of leaving equal shares in the business to each of his children. Tim could have expressed his passion for the business and his desire to one day own the business, which would have provided the opportunity for them both  to seek advice about how to structure it so that Tim could take over without his siblings missing out on their share of the inheritance.Your Business Succession by Leigh Riley

The simple solution to this problem would involve Tim entering an agreement with his father to buy out the business upon certain succession triggers. The agreement could be arranged to provide Tim with full funding by using insurance and vendor finance terms to facilitate the transaction. Full details of the strategy and options for this case study are revealed in Part 5 of my book ‘Your Business Succession: How To Exit Your Business With Maximum Cash Flow and Profits.”

Revealing your succession intentions is only one part of the communication required within a business to ensure every stakeholder understands their rights and responsibilities. Communicating the exit terms from the very start of your business relationship is essential for a fair outcome during times of internal disputes, as you’ll discover in the next case study about situational errors in succession plans.

How prepared are you to exit your business with maximum cash flow and profits?

51% of small business owners in Australia exit before retirement age  in unplanned circumstances. Take the FREE business exit quiz to see how prepared you are to prevent this happening to your business and your family.

How well prepared are you to exit your business with maximum cash flow and profit? Take the quiz and find out!

To Your Profitable Business Exit,
Leigh Riley

 

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Partner Disputes Devalue Business Succession Outcomes

Error #4: Infighting and Disputes Devalue a Thriving Business
Upon making the decision to join forces with fellow colleagues in a business, it is natural that your attention would be focused on all the positives of the union.
The last thing you are likely to have on your mind would be the possibility of an acrimonious separation that could result in you losing part or all of the capital you contributed, as well as being denied the value that you brought to the business from your efforts and contributions.
Let’s face it: if you thought that was a possibility, you would never join. But the reality is that some business relationships do turn sour, and the worst time to attempt to negotiate fair exit terms is during a dispute.
In the next case, you will discover the situational errors made by business partners Andy, Phyllis and Johanna in a professional services firm that lost value due to the infighting and disputes, which resulted in one partner being forced out without her rightful financial entitlements.
CASE STUDY # 11 Effects of infighting and disputes between business owners
A thriving professional services firm’s three partners began to argue among themselves about the business operations and workload. Two of the partners, Andy and Phyllis, felt they were working harder than the other, Johanna, although was all were earning the same pay.
The arguments escalated into a dispute when Andy and Phyllis, being in a relationship, ganged up on Johanna, leading to her unplanned, forced exit. With no formal agreement about succession terms in place, an unreasonable exit payment was offered to Johanna.
Johanna engaged legal representation and a costly legal battle ensued regarding equity value. It resulted in less-than-fair terms for the departing partner after costs. With all parties focused on the dispute, attention diverged from the business operations. The result was a sizeable decline in the practice value. During this disruptive period, some staff left, while others took advantage by slackening off. Many clients left the firm to engage alternative options due to the poor service they were receiving, some following departing staff members, effectively destroying the original value of the firm.
It is cases like this that demonstrate why you must start your business relationships with the end in view, and why you must negotiate the exit terms while everyone involved is in a positive frame of mind.
This is another example of a situation that could have been resolved easily had they started their partnership with a succession plan agreement. The conditions of the agreement would need to include the full financial terms applicable to any partner of the firm exiting under each of the possible succession triggers discussed in Chapter 2 of this book. This would have allowed Johanna the ability to decide whether or not the terms of exit suited her before she committed to entering the business. It would have allowed her the ability to negotiate more favourable terms from the start, which would have saved her from the stress, legal battle and financial loss that eventually resulted.
You can read in detail the actual strategy outlined for the agreement in Part 5.
Next we will consider the events that can force the sale of your business beyond your control, and how vulnerable we are when things are out of our hands

Infighting and Disputes Devalue a Thriving Business

When you decide to join forces with colleagues in a business, your natural response is to focus on all the positives of the union.

The last thing you are likely to have on your mind is the possibility of an acrimonious separation that could result in you losing part or all of the capital you contributed to the business, as well as being denied the value that your efforts contributed.

Let’s face it – if you thought that was a possibility, you would never enter a joint venture, but the reality is that some business relationships do sour, and the worst time to attempt to negotiate fair exit terms is during a dispute.

CASE STUDY – Effects of infighting and disputes among business owners

The situational errors made by business partners Andy, Phyllis and Johanna in a professional services firm caused a tragic loss  of value due to infighting and disputes which resulted in one partner being forced out without her rightful financial entitlements.

A thriving professional services firm’s three partners began to argue among themselves about the business operations and workload. Two of the partners, Andy and Phyllis, felt they were working harder than the other, Johanna, although all were earning the same pay.

partnership-disputes-impact-business-value-at-exit

The arguments escalated into a dispute when Andy and Phyllis, who were romantically involved, ganged up on Johanna, leading to her unplanned, forced exit. With no formal agreement about succession terms in place, an unreasonable exit payment was offered to Johanna.

Johanna engaged legal representation and a costly legal battle ensued regarding equity value. The outcome was less-than-fair terms for the departing partner after costs. With all parties focused on the dispute, attention was diverted from the business operations. The result was a sizable decline in the practice value.

What’s more, during this disruptive period, some staff left, while others took advantage by slackening off. Many clients left the firm to engage alternative options due to the poor service they were receiving, some following departing staff members, effectively destroying the original value of the firm.

Cases like this demonstrate why you want to start your business relationships with the end in view, and why you must negotiate the exit terms while all partners are in a positive frame of mind.

Why Succession Solutions MUST Be Planned At The START of a Business Partnership

This situation could have been resolved easily had they started their partnership with a succession plan agreement. The conditions of the agreement would need to include the full financial terms applicable to any partner of the firm exiting under each of the possible succession triggers identified in Chapter 2 of the book, “Your Business Succession”. This would have allowed Johanna to decide whether or not the terms of exit suited her before she committed to entering the business. She would have had the ability to negotiate more favorable terms from the start, which would have saved her from the stress, legal battle and financial loss that eventuated.

You can read in detail the actual strategy outlined for the agreement in Part 5 of “Your Business Succession”.

How well prepared are you to exit your business with maximum cash flow and profit under any circumstance?

Take the FREE Business Exit Quiz and find out!

To Your Profitable Business Exit,
Leigh Riley

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Why You want To Avoid Verbal Business Succession Agreements…

But situational errors affecting business value and succession are not limited to the onset of an illness. In the next point, let’s consider the vulnerabilities that exist with verbal agreements in business.
Full details of the options for a solution could have been arranged are contained in Part 5 of this book.
Error #2: Verbal Agreements in Business Can Lead to Failure
When people make verbal agreements between parties involving a business, it’s usually because they share a relationship of trust. Verbal agreements seem quite normal between members of the extended family, with friends, or with partners, because there is the belief that their involved relationship will ensure the agreement made will be honoured in the manner intended.
However, the problem with verbal agreements used in business is that circumstances can change; people’s recollections become distorted over time and misunderstandings can result not only in relationship breakdown, but also in business breakdown.
When business succession is arranged around a verbal agreement, the results can be devastating, as you will see in the next case.
CASE STUDY # 9 Verbal agreements in a family leaving the successors vulnerable
Sonya retired and handed over her farm business in equal shares to her two children, who had always worked hard on the property.
Sonya took no consideration for the business, but the children verbally agreed to lease the farmland to provide Sonya with the income she needed to fund her retirement. Being a family, they only had a verbal agreement in place, which left the new business owners, Sonya’s children, vulnerable.
When Sonya suffered a heart attack, she decided to liquidate the asset by selling the farmland. Sonya felt entitled to this because she owned it. Unfortunately the children could not afford to buy the land. The new purchasers had other plans for the land that did not include allowing the farm to continue with a lease arrangement. This resulted in the children losing everything they had worked for; they were effectively out of business and a job.
This is a good example of why verbal agreements are not suitable, even in loving or close families. One straightforward technique to avoid this situation would have been to arrange a written formalised lease agreement between the parties so the rights of all involved would be protected. The agreement could have been extended to allow the adult children first right to buy upon Sonya’s decision to dispose of the property. Furthermore, funding could have been arranged with terms to arrange payment over time, or by using insurance to provide immediate funding upon certain events—such as heart attack. For full outline of the strategies, refer to Part 5.
Error #3: Poorly Communicated Succession Plans Cause Dispute and Business Failure
A common error of judgement by business owners is that they attempt to shoulder the decision-making process of succession all alone. Dividing a business in a family situation can be one of the hardest decisions of all, particularly if the main asset you hold is your business and you have one or more competing children hoping to eventually take control.
As the business owner, it is more than likely your right to ultimately distribute and hand over the business in a way that you feel is most appropriate.
However, if an amicable outcome with business continuity and maintained relationships are important to you, a wise strategy is to involve and communicate your intentions to gain feedback and acceptance from the main involved stakeholders. When you fail to communicate with all involved, the outcome could be a disaster for the business, resulting in financial disappointment and relationship breakdown for all the interested parties.
Let’s now consider case # 10 of the business owner.
CASE STUDY # 10
Effects of family disputes after succession leading to dissolution without a sale
In this family business situation the owner, Stuart, was a father with three children. His eldest child, Tim, had worked in the business all his life and had contributed significantly to building the business value. When Stuart died, leaving an equal share of the business to all three children, Tim felt short changed because he had made this business his life’s work.
The business had insufficient borrowing capacity and Tim could not afford to buy out his other siblings when they insisted on liquidating the asset, thereby forcing the sale of the business. Tim contested the will, insisting he deserved more than one-third.
Unfortunately, the business sat closed and abandoned as a lengthy and costly lawsuit ensued over two years. The result was irreconcilable family breakdown and decline in the business value due to loss of income and clientele.
To add insult to injury, an opportunistic competitor established a similar business across the road, effectively gaining all of the business clientele.
This situation could have been saved and all parties’ interests could have been protected if only Stuart had chosen to communicate with Tim about his desire to leave the business in equal shares to him and his siblings.
Tim could have expressed his love and desire to one day own the business, which would have provided the opportunity for them to seek advice about how to structure it so that Tim could take over without his siblings missing out on their share of the inheritance.
There is an easy solution to this problem, which would involve Tim entering an agreement with his father to buy out the business upon certain succession triggers. The agreement could be arranged to provide Tim with full funding by using insurance and vendor finance terms to facilitate the transaction. Full details of the solution strategy options described here are covered in Part 5.
Making known a business owner’s succession intentions when they leave is only part of the communication required within a business to ensure every stakeholder understands their rights and responsibilities. Communicating the exit terms from the start of a business relationship is essential for a fair outcome during times of internal disputes, as you’ll find outlined in the next situational error.

Are Verbal Agreements in Business Succession Plans a Good Idea?

In business situations, verbal agreements about succession plans, or indeed any aspect of the business, are usually made because the people involved share a relationship of trust. Operating on verbal agreements appears to be quite acceptable among members of the extended family, with friends, or with partners, because there is the belief that the quality of the relationships will ensure that agreements will be honoured in the manner intended.

What happens to the verbal succession plan when things change?

However, the problem with verbal agreements in business is that circumstances can change – people’s recollections become distorted over time, and the resulting misunderstandings can cause not only relationship breakdown, but also breakdown of your business.

Case study – verbal agreements in a family succession plan leave the successors vulnerable

Sonya retired and handed over her farm business in equal shares to her two children, who had always worked hard on the property.

Sonya asked for no payment for the business, and the children agreed to pay a lease fee for use of the farmland to provide Sonya with the income she needed to fund her retirement.  They did not have a formalised lease and arranged the terms on a verbal agreement basis , which seemed fair to everyone at the time because of their family relationship.

When Sonya suffered a heart attack, she decided to liquidate her assets by selling the farmland. She felt entitled to do this because it was her property.

Stormy relationships result from verablly agreed business succession plans

Verbal Agreements Can Lead to Relationship and Business Breakdown…

Unfortunately Sonya’s adult children could not afford to buy the land and the new owners plans for the land did not include allowing Sonya’s children to continue farming under a lease arrangement. This resulted in the children losing everything they had worked for – they were effectively out of business and even out of a job.

This sorry story is an excellent example of why verbal agreements are not suitable succession arrangements, even in loving or close families.

How to protect all members of your family in your succession plan

One straightforward succession solution to avoid this disaster would have been to arrange a written, formalised lease agreement between the family members so that the rights of all involved would be protected. The agreement could have been extended to allow the adult children first right to buy upon Sonya’s decision to dispose of the property.

Furthermore, funding could have been arranged with terms to arrange payment over time, or by using insurance to provide immediate funding upon certain events—such as a heart attack.

Discover more succession solutions

You can read the full details of suitable succession strategies for similar situations in Part 5 of my book “Your Business Succession: How To Exit Your Business With Maximum Cash Flow and Profits.”

To Your Profitable Business Exit,
Leigh Riley
Succession Solutions Specialist

 

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How The King’s Speech Can Boost Your Business Exit Profits

January is almost over and by now you have probably had enough time to think about what you plan to achieve for your business in 2011.

Historical example of a powerful family’s succession plan

If you’re anything like I am, you’ve mixed your business planning time in amongst some recreation time, and been to some movies.  If you haven’t seen it already, I can highly recommend you check out “The King’s Speech” starring Colin Firth and Geoffry Rush.  It’s an unbelievable, but true story of unexpected succession thrusting the stuttering, ill prepared Prince Albert to the forefront of the British Monarchy after his brother Edward VIII abdicated, having served less than 11 months as King.

Poor Albert was forced to assume the role of King George VI (they changed his name from Albert because it is a German name that was thought to be unpopular given the political rise of Hitler).  The underconfident Prince went into overdrive attempting to prepare himself for the business of being King of England and to fill the large shoes his father George V had once worn.  He had many fears to overcome, particularly with his speech delivery; and given his life long stuttering problem, he definitely didn’t feel up to the task.  But his royal duty was calling so he had little choice.  Undoubtedly it caused him a great deal of distress, but fortunately despite his lack of confidence, he did in fact have the qualities that enabled him to become the great King George VI.    The outcome could have been quite different had Albert not had the ability to rise to the occasion.

King George VI - How He Can Boost Your Business Exit Profits

I have to wonder how many of you may be leaving yourselves open to potential failure due to a poor choice or no choice or strategy for your business succession.  Just how well prepared are your successors to fill your shoes should you suddenly leave your business.  What kind of solutions have you put in place to ensure the continuity of your business along with assuring your own financial success?  Will your legacy live on beyond your reign?

Even if you have your succession plan in place, how well prepared are you and your business to cope with the unexpected and unplanned events that may force a space at the helm of your business such as the one experienced by the royal family in this story during 1936?  Have you chosen your successor by virtue of a formula such as ‘leave it to the eldest child’ as is the practice of the British Royal family?  Or have you taken the time consider who may be best prepared to takeover for the better of the business?

Succession planning should position you and your family for the best financial outcome through any circumstances.

How prepared are you to exit your business with maximum cash flow and profit?

You can learn a lot more about the essential attributes of a successful succession plan in my book “Your Business Succession“.  But before you invest in your business future, you may like to assess just how well positioned you are by taking the FREE customised assessment I’ve designed especially for you to determine how well prepared you are to exit your business.  Simply go to www.BusinessExitQuiz.com The quiz takes about 3 minutes to complete and then I will provide you with feedback about the areas you need to focus on to ensure your most profitable outcome when you leave your business.

If you would like to know more, you can email me your questions or be brave and call me direct … I’ m expecting your call on 1300 499 225.

Here’s to your Profitable Business Succession!
Leigh Riley

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Business Succession Case Study #8 – Situational Errors of Judgement Can Deprive You of a Profitable Exit.

How your family’s health can impact on your business exit profits…

In this series, I am revealing 6 of the Situational Errors that can prevent your business from capitalising when you exit your business at any stage, particularly when the exit is beyond your control. My previous post revealed the first of these situations, where Brian, the owner of a Mechanic workshop, had made an error in judgement about succession planning.  He did not see the need to implement a business exit strategy because retirement seemed a long way off at his age. Unfortunately he developed a severe illness which forced him to exit his business at a very young age, causing financial hardship for his family and job loss to his employee.

In this post I’m going to insist that you don’t limit your thinking to how your own health can impact the continued viability of your business, because this would also be an error of judgement. In my book “Your Business Succession” Case Study # 8 discloses how Judy’s profitable, home based clothing manufacturing business was forced to a grinding halt because her child was diagnosed with leukemia and in need of constant, ongoing care.

Unplanned business exit due to the illness of a child

How prepared is your business to enable you to care for a sick child?

Judy had some very capable employees, but none were driven or talented enough to run the business without her leadership.

The smaller your business, the more vulnerable it can be if you have to exit early

The smaller your business, the more vulnerable it can be, so structuring your business with an exit strategy for diverse situations is essential if you want to maintain financial viability in the face of the unexpected.  Now you have read about two situations where the business owners thought succession planning was only for people about to retire.  Each had no way of knowing they would soon be forced from their business well before retirement age due to situations beyond their control.   Don’t leave your business exit strategy to chance. Make sure you’re in a position to profit – no matter what the situation!

Business succession solutions

Succession solutions exist for all business ownership structures.  A typical small business exit strategy involves arranging a formal Buy-sell agreement with another interested party. This could be with an employee or a colleague already operating in your industry.

For dozens of tips and detailed case studies to kick start your successful business exit strategy  and invest in your future you want to read the book “Your Business Succession…how to enter, exit and execute your business for maximum cash flow and profit”.  If you don’t find a solution to help you with your business exit plan, I will happily refund the purchase price!

How well prepared are you to exit your business with maximum cash flow and profit?

Take the FREE Business Exit Quiz, and receive your own customised report which will reveal the strengths of your business exit plan and uncover any shortcoming that you must address if you want to maximise your profitable outcome from your business when you exit  – through any circumstances.

Here’s to your profitable business exit!
Leigh Riley

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Leigh Riley, author of "Your Business Succession", provides strategic, tactical, practical and educational support for business owners who want to exit their business with maximum cash flow and profits. For speaking engagements or Succession Plan Audits contact Leigh here.