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J. "Spike" Abernethy is a Financial Advisor with Northwestern Mutual Financial Network (NMFN). Spike is an agent of NMFN based in Mishawaka, IN and has been in the insurance and financial planning business since 1974. He is a graduate of Indiana University and has earned the professional designations of CLU, ChFC and AEP. He specializes in the areas of business and estate planning. Mr. Abernethy has spoken to many groups throughout the country and has been a volunteer for many organizations in the Michiana community. The information presented here is for educational purposes only. Readers are urged to consult their own counsel for specific tax and legal advice.

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Most businesses owners strive to make their company more profitable and valuable and attempt to do so by focusing solely on running and growing the business. But, if you own a successful business, one of the most important things you can do to ensure its future value and viability is to develop a business succession strategy.

There are nearly 24 million small businesses in the U.S. today , and most are operating without a succession strategy in place. In fact, only 45 percent of family-business chief executives who were age 61 or older and contemplating retirement within five years had created a succession plan. Considering this widespread lack of preparation among business owners, it's no surprise that only a third of privately owned businesses successfully make the transition to a second generation.

All businesses, from sole proprietorships to corporations, need to address succession regardless of size. An advisory team consisting of your attorney, CPA and insurance representative can help you through the process and on the road to reaching your business and personal financial goals.

Here are six primary steps of the business succession planning process.

Step 1: Set Your Goals

The first step is deciding what exactly you want to accomplish. Among other decisions, you'll need to determine who you want as your successor, when you want to turn the business over and how you want the transfer to happen.

In order to set realistic goals, you will likely need to do some research, such as determining your company's financial position within your industry and the economy as a whole. Also consider what effects a change in ownership and management will have on the operation and value of the business.

Step 2: Groom Your Successor (s)

Chances are, it would take some time for your successor to get up to speed if he or she were to step into your shoes tomorrow. Think about the responsibilities and qualifications needed for you and your key employee's successors. Can you establish a mentor-type relationship with your potential successor to provide him or her with the skills needed for the top job? Also, what you can do now to help management retain key employees once you are gone?

Step 3: Decide how you will determine the value of your business.

Will you base the value of your business on a fixed price, book value, earnings or a combination of methods? The valuation method you select is affected by many factors and complex tax issues can dramatically affect the actual amount you receive from the sale or the accepted value (by the IRS) at the time of transfer. It's also important to consider the impact on estate and income taxes.

Step 4: Select an appropriate buy-sell agreement.

A buy-sell agreement is one of the most fundamental pieces of a succession plan. It is a contract between a seller and a buyer where the seller is obligated to sell his or her interest in the business to the buyer who is likewise, obligated to purchase the seller's interest. Not only does it ensure a market for the eventual sale of the business and fix the price, it restricts ownership, such as in the case of divorce, premature death or disability. Your attorney can advise you on the agreement best suited for your circumstances.

Step 5: Fund the Agreement

Another critical issue in succession strategies is making sure that when the time comes to sell the company, the buyer will have the money to purchase it. You should also determine if your company will have enough cash reserves to carry it through the transition phase.

Life insurance and individual disability income buyout insurance are often used to fund a buy-sell agreement because they can provide the cash needed to keep your business running smoothly. They can also help you equalize the amount you leave to your heirs without trying to divvy up a company in an attempt to be fair to all.

Step 6: Make Your Intentions Known.

Once your strategy is established, make sure you discuss it with those involved, especially if they were not part of the planning process. While it may not be easy to talk about plans that involve your own mortality, it helps if everyone knows about your decisions and the reasons behind them.

Step 7: Keep Your Strategy Current

Your succession strategy should not be a static document that sits in a safety deposit box, never to be looked at until the day it goes into effect. Rather, keep it updated and aligned with your business and personal goals through periodic reviews with the members of your advisory team. Significant changes in your life or the business will likely require changes to your plan as well.

Keep in mind that any business succession, planned or not, can have a direct affect on your estate. Careful consideration should be given to the ever changing estate and gift taxes associated with transferring your business interest to family members.

As a business owner, it's important for you to make your way through the succession planning process so you can have a reliable and effective strategy for passing on your business. Undoubtedly, you put in a good deal of time, energy and resources to build your business into what it is today. The effort you put into to securing, preserving and preparing its future may be equally vital to realizing the financial dreams you have for your family, your business and your employees.

 

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