Business Succession Trap – CASE STUDY # 13
by Leigh Riley · Filed Under: Business Structure · Succession Case Studies · Succession Problems
Situation:
Matt was a sole director of a thriving manufacturing company. His wife Harriet held a senior position in the company; however, she had no sign-off rights to any of the business accounts. When Matt had a stroke and fell unconscious for three months the accounts of the business were inaccessible. Although payments were being received and banked from fulfilled orders, no authorisation was available to make payment of staff wages or to suppliers for new materials.
Implications for their Business:
- Harriet attempted to obtain credit from suppliers and bankers to alleviate the cash flow crisis, however this was not easily reached due to the uncertainty of Matt’s condition and her own ability to secure a credit application
- Some staff were patient and continued to work regardless, however the reality of their own personal cash flow pinch soon resulted in them having to find work for payment
- Rapid consumption of materials meant the company’s ability for production was substantially impeded
- Customers were soon forced to order from competitors due to the lack of production.
Harriet’s application to the courts to gain authorisation to access the business accounts was long, involved, tedious and stressful. The business suffered a significant downturn and took a long time to recover.
Solution:
The matter of Matt and Harriet would never have been a problem had they received the right guidance from their advisors to arrange an enduring power of attorney (EPA). An EPA would’ve allowed a trusted person to authorise payments on Matt’s behalf so that the business could have continued to operate as smoothly as possible, at least from a cash flow perspective.
Here’s To Your Profitable Exit!
