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The old saying that if you fail to plan, you are planning to fail certainly
applies to transferring family-owned businesses from one generation to the
next. Studies show that 60 to 70 percent of all family-owned businesses have no
succession plan in place. It is likely no coincidence that the percentage of
family-owned businesses that don't survive the transition from founder to the
second generation is also 70 percent. The most common causes of these business failures
are taxes and family disputes, both of which can be minimized with early and
thorough succession planning.
Emotions can run high when it comes to choosing who will take active control
of the family business and alternately, who will be compensated and in what
amount. However, avoiding these critical decisions and not accepting the
inevitability of a business transfer is almost certainly a recipe for failure.
Transferring assets to the next generation is much simpler than transferring
a business. It is necessary to consider your family members wisely and make
decisions about who, in actuality, would best run the business based on their
skills rather than just the familiarity of your relationship. To do otherwise
is to put the business at serious risk. It is feasible to transfer ownership
equally but it is usually impossible to equally transfer management.
‘The earlier the better' is a solid piece of advice when it comes to
planning for succession. Financial planners often suggest that their clients build
an exit strategy into their initial business plan. Planning early not only
ensures that you make the most levelheaded decisions, but also allows those who
will take over, opportunity to ease into their new role.
To avoid emotional surprises to family members, it is suggested that you
involve them in the succession planning discussions. The legal and tax issues
associated with succession planning can be complex, so lawyers, accountants and
financial advisors should be consulted both to ensure it is conducted correctly
and also to explore the most cost effective solutions. Lawyers in this
specialty can advise you on effective tax strategies, specialty partnership
options, such as family limited partnerships, and the development of buy-sell
agreements so that your successors receive the maximum value upon transfer. All
aspects of the transfer plan should be documented to ensure clear expectations
and serve as a basis for resolving future differences.
A final recommendation is to remain flexible and keep an open mind both
before and after the transfer. It may be possible that the talents of family
members might actually help evolve the company into exciting new enterprises.
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