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Succession plans for family
SUCCESSION
PLANS FOR FAMILY
OWNED BUSINESSES
Published By: AccountingWeb.com
Date: June 14, 2006

Successful transitions from the
first to the second or third generations in family-owned businesses come from
identifying the family member who is capable of running the business and then
structuring the transition as a business transaction, says Christopher
Hirschfeld, Vice President and Managing Director, Goelzer Investment Banking,
according to insideindianbusiness.com.
The business owner may assume
that a child wants to run the business and is capable, but “this assumption
needs to be validated well before the owner steps aside,” Hirschfeld says. And
where more than one sibling will inherit shares of the business, it is possible
to plan for one clear decision maker while providing for economic equality, he
says.
Other factors in succession
planning that will lead to a successful outcome are, according to Hirschfeld:
 | The family treats the
succession like an arm’s length transaction. A “sale” of the business
to the heir will require a valuation of the company, best conducted by an
independent business appraiser. The heir should have sufficient liquidity to
buy the business.
 | The transaction should have
the support of parties beyond the seller and buyer. Board members,
employees, clients and customers should support the plan. Continuing cash
flow is critical during the transition.
 | Important tax and estate
documents should be prepared to accompany the sale, including employment
agreements, non-solicitation and non-competes, buy/sell agreements and
shareholder agreements. |
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Business owners planning to turn
over the business to their children must think about the potential burdens of
gift taxes and estate taxes which can eat up as much as 60 percent of the value
of the company, according to the Small Business Administration’s (SBA)
publication, “Succession Planning – Passing the Mantle” from their
Business Development Success Series.
Financial tools the SBA
recommends for small business owners are:
 | Insurance policies that can
provide the heir with money to purchase the business.
 | “Gifting”, the annual
exclusion gift, which in 2006 allows husband and wife business owners to
each hand over $12,000 to their child, tax free, and allows entrepreneurs to
manage succession. Donors may also give $12,000 to the spouse of their heir
and each grandchild, tax free. The business owner and spouse may each give
away $2,000,000of the value of the business, for a total of $4 million
during their lifetimes.
 | Insurance for surviving
partners in a partnership so that they can assume the shares when the
partnership agreement does not automatically transfer shares to an heir.
 | Provisions for closely held
corporations that allow shareholders to purchase stock from heirs. Buy-sell
agreements are appropriate to closely-held businesses. |
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Sole proprietorships often do
not have the legal blueprints in place to manage succession and the SBA
recommends that they identify “trigger dates”, including:
 | Ownership transfer will begin
 | Control is shifted, i.e.,
more than 51 percent of ownership of voting interests
 | Transfer is complete
 | All responsibility for
day-to-day operations rests with successor
 | Founder retires. |
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The time to plan for succession
is between the ages of 55 and 65. Some experts recommend a three to five-year
transition period; others suggest five to ten. The more time given to planning,
the better the outcome, the SBA says.
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