Business Continuation


Business

It is now more important than ever that business owners plan for those contingencies that can dramatically affect their lives and the lives of their closest family members. Thoughtful Business Continuation planning will set these business owners on the right path and help resolve anxiety that may be causing them to lose focus. Planning can be completed on a component (modular) basis or in a comprehensive approach using EPIC tm software from Veracity Financial Services. 

BUY/SELL AGREEMENTS

This is an agreement by and between the shareholders (or equity partners) of a privately owned business and, perhaps, the business itself. The agreement establishes the mechanism for the purchase of stock following the future illness, disability, or death of one of the owners. In the case of a corporate joint venture, a buy-sell agreement also establishes the value for break-ups or for circumstances calling for one corporate venture partner to buy out the other partner. 

Buy-sell agreements reflect the documentation of agreements between a company’s owners and the company itself. These agreements relate to what will happen in the future if a provision of the agreement is “triggered” and require future thinking if they are to provide reasonable resolutions for future transactions that may result from their operation.

These agreements are legal contracts. What is not clearly understood, however, is that they are also business valuation documents. We refer to buy-sell agreements this way because they represent contractual agreements between the respective parties concerning the following:

Business objectives - The agreements are designed to facilitate business objectives of companies and their shareholders including:

  • Limiting ownership to an existing group or family (or multiple families)
  • Maintaining relative ownership between or among groups of shareholders
  • Integrating the operation of a buy-sell agreement witht the estate planning of one or more owners
  • Limiting the ability of parties to the agreement to sell their shares, except pursuant to the terms of the agreement  

Pricing:

  • Determine how the valuation of business or other ownership interests will be determined in future transactions

Terms:

  • They also dictate the terms upon which future transactions will occur

A legally prepared buy-sell agreements can also protect your descendants by giving them an opportunity to turn your shares into cash. Additionally, it's important to fund a plan to fund the transfer of ownership of the business by considering a life insurance policy and a disability income insurance policy for that specific purpose.  

Protect Key Employees 

Should you lose a key employee because of illness, disability, or death, the financial impact to your business can be immense. You may lose income, credit, goodwill, and incur costs to replace the employee. But you can help protect your business from such a loss Let us review the various strategies which provide such protection for your business. 

Veracity Financial Services is a division of Capital Markets IQ, LLC, a SEC registered investment advisor. 

© 2016 Veracity Financial Services, Inc

The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. Some of this material was developed and produced by Veracity Financial Services, Inc., to provide information on a topic that may be of interest. The opinions expressed and material provided are for general information, and should not be considered personalized investment advice for compensation.