Category: evaluations

Take the Planning Tools Out of the Shed- You’ll Need Them!  

Featured by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Buy and Sell Agreements, Company Wealth, Estate Planning, evaluations, Executive Benefits, Funding your Buy and Sell, Income from your business, Inside Sale, Key People_Or Group, Life Insurance Types, Passive Ownership, retirement, Selling Your Business

Thomas J. Perrone, CLU, CIC

After the 2017 Jobs Act, many of us (estate and business planners), had to shift our planning topics to moderate estate, Medicaid and income tax planning.  

Many of the tools we used prior to the 2017Jobs Act were often used in the planning process, simply because more business owners were affected and exposed to the Federal and State Estate Tax System. Consequently, more sophisticated strategies were needed to shift value, freeze value, or shelter value from the estate.  

Once the Jobs Act came into play, the exemption amounts eliminated many small business owners from the problem of estate taxation.  

However, with part of the Jobs Act heading for Sunset, we may see more businesses becoming exposed to Federal and State estate taxation.  

Time to go to the shed if you want to play in this market.  

This video will help guide you to some of the areas of planning you will have to dust off and rekindle for use.  

Download your Free Business Guide which will help explain many of the topics discussed. Immediate download, CLICK HERE! 

Thomas J. Perrone, CLU, CIC

tperrone@necgginc.com

The Elephant in The Room!  

by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Buy and Sell Agreements, Company Wealth, Estate Planning, evaluations, Executive Benefits, Funding your Buy and Sell, Income from your business, Inside Sale, Passive Ownership

BY: Thomas J. Perrone, CLU,CIC

The elephant in the room is about the four major questions that need to be asked by a business owner and advisors for the business owner to avoid failure of the business. The four major questions are. 

  1. What happens to the business if you die become disabled or want to retire?  
  1. What happens to the business if you lose your key person or key group to competition, or they leave?  
  1. What happens to your business if you have a bad economy and cannot make cash flow to support the business? 
  1.  What happens if you burn out and want to leave the business?  

I cover these four areas in this video.  

The major question:   

How Will the Failure of the Business Affect Your Family!  

Get your Free Business Guide Download. This Free Guide will be invaluable as a quick reference for business planning. Our gift to you. CLICK THIS LINK AND THE REPORT WILL DOWNLOAD IMMEDIATELY!  

https://bit.ly/3hD9U6A

THREE WAYS TO GROW YOUR BUSINESS WEALTH! 

by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Buy and Sell Agreements, Company Wealth, Estate Planning, evaluations, Executive Benefits, Funding your Buy and Sell, Income from your business, Inside Sale, Key People_Or Group, Passive Ownership, retirement, Selling Your Business, Strategies of growing business, Tax Efficient, Tax Free Income, Uncategorized

Thomas J. Perrone, CLU, CIC – NEW ENGLAND CONSULTING GROUP OF GUILFORD, INC

Growing value in your business can create tremendous wealth, however, only 15-30% of the small businesses will sell, which creates the “if factor”, the unknown.  

The percentage of sales is lower for the smaller owned business, more like 15%.  

Building your business to its highest potential value is possible by having guidelines of what must be done as you grow the business.  

To hedge the “what if’s” of selling it, you can use the cash flow of the business to create other assets such as executive compensation and qualified benefits and plans.   

Many owners neglect to consider these options and end up with too much wealth in their business, causing liquidity and tax problems when they leave, die or become disabled. This presents the problem of “how do you get your wealth out of your business on a tax advantaged method” when you want to leave the business and you need it?  

Building Your Business to Sell in The Future! 

Here is a list of strategies that will help in growing a robust business and greatest potential value.  

  • Develop value drivers  
  • Create a culture- employees come to you because of it 
  • Develop a middle management 
  • Systematize your business 
  • Customer diversification  
  • Avoid being dependent on a few customers for your sales  
  • Marketing plan- and always update it and analyze it 
  • Focus on growth of revenue, lowing of costs 
  • Protect yourself from litig 
  • Make sure you protect yourself such as  
  • Fund your Buy & sell agreements, bank loans, audit your liability insurance, protective documents, etc. 
  • Have a strategy to sell or transition your business, such as growing the middle management, and key people to step in and run the company, or even buy it. This is a long-term process, but you must put things in order and work on strategies to get the greatest potential value from the business.  

When Considering Using Your Business Cash Flow to Develop Executive Compensation and Other Benefits,  

Such as:  

  • Executive Compensation plans, where the company contributes to the plan, and you as owner pay as little as 2% in taxes on the contribution.  
  • Salary Continuation and deferred compensation arrangements for you.  
  • Deposit into your company’s retirement plan (like 401k, profit sharing, 403b, etc.). However, if you are a “high earning business owner”, do not load up on 401k contributions and other contributory plans as the tax consequences are severe.  
  • Make sure your buy and sell agreements are funded and updated. Make sure they cover at least the seven major triggers (death, disability, voluntary and non-voluntary termination, divorce, bankruptcy, retirement).  
  • Have critical illness plans set up such as medical reimbursement plans, disability, and health coverage.  
  • Tie your major Key group to your company as they are the value of the company and contribute to the cash flow of your company, allowing you to implement these strategies.  
  • Create vested benefit schedules to keep them with you  
  • Have a company evaluation /appraisal periodically.  
  • Focus your attention on growing sales, as all things point to sales revenue. 

Executive Compensation Is a Fantastic Way to Extract the Value of Your Company on a Tax-favored Basis, And Not Tie It Up in Your Company, Having It Available to You When Needed. 

There are but a few thoughts concerning building wealth through your business while building your business.  

If you would like to receive my report on the “JFK ERA BENEFITS THAT CREATED SUBSTANTIAL WEALTH FOR BUSINESS OWNER”, CLICK THE link and it will download. This benefit was around in the 50’s, but only for the bigger companies, now it is available to the smallest of businesses, and may be one of the greatest business owner benefits available.  CLICK JFK 

“Unlocking Your Business Wealth?  

Featured by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Company Wealth, evaluations, Income from your business, Key People_Or Group, Selling Your Business, Strategies of growing business

By Thomas J. Perrone, CLU, CIC

A great business book has just come out. Its called “Unlocking Your Business Wealth”, written by Brian Kerrigan.

Brian is a specialist in business growth. He is extremely passionate about helping business owners build wealth in their business so they can become financially independent in the future and enjoy the lifestyle financial freedom brings.   

Many business owners run their business with the focus on personal income, and the freedom of time.  However, the business can also be a valuable financial asset worth much more than the salary being earned.  Business wealth is an asset that can create financial independence for the business owner.   

Many business owners also put too much wealth in their business and when they wish to use this equity find it difficult to get out, or extremely expensive to get out. In many cases, it can be lost due to the market and elements of the business environment.   

In this book, Brian discusses the building of business wealth and the opportunities it creates. Each chapter is a steppingstone to create business wealth.  

A great short read, and necessary if you are an entrepreneur.   

Brian discusses parts of the book, how it will help you grow your business and help you to avoid the traps that you may experience in your business life.  

To Contact Brian:  

860) 303-8929‬ mobile 

Email Brian:  bkerrigan@taylorfoleylaw.com to schedule a complimentary consultation to discuss your results and lay the foundation for your future success. Remember, the first step is often the hardest, but it’s the only way to reach the top. 

Enjoy our recent podcast with Brian about his wonderful book!

https://podcasts.apple.com/us/podcast/building-and-protecting-your-business-worth/id1539791693?i=1000626000478

To Order Brian’s Book

Enjoy Brian’s flip book.

https://publuu.com/flip-book/47240/465013/page/1

“FORBES CONTRIBUTOR Reveals the Eight Reasons Why 70% of Small Businesses Fail Within Ten Years!”

Featured by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Company Wealth, evaluations, Executive Benefits, Income from your business, retirement, Strategies of growing business, Tax Efficient, Working On Your Business

Are you working hard to Grow and Prosper in your business?

Give Me Three Minutes and I’ll Reveal the Key Secret to Creating Greater Success and Prosperity!

You saw it coming… The instinct and driving force to create something…

While the outside world thinks building a business is magic and easy, you know differently!

You, like many entrepreneurs, are wired to build, discover, and create success and prosperity.  You have the fortitude to survive and grow.  

You know taking financial risk isn’t just about you, it involves your employees, vendors, and your family.

Many people would not understand why you take risks with no guarantee of success.  

Chances are you entered your business, like many of us, without a lot of business knowledge, but the excitement of a great idea and the boldness and motivation, to make it successful… With all of that going for you why do small business FAIL 70% of the TIME?

FACTS BEING FACTS…70 % OF BUSINESSES FAIL WITHIN 10 YEARS. [1]

86% OF BUSINESSES CAN’T BE SOLD [2]

The answer is obvious, but not to the busy and enthusiastic business owner in the thick of running their business…

The stickler is…. YOU GET HOOKED ON THE “ACTION PLAN”- (the process of bringing your product or service to market and creating cash flow, profits to feed your operations. This is the exciting part of being a business owner).  It’s “THE BUSINESS HIGH” …

Holy Cow… you’re saying just because I like doing something and want to be part of it all the time, IT WILL cause my business to fail?  Yes and NO!   Yes, because you not only spend most of your time there, but no, it’s good, because you are creating cash flow and profits…

THE PROBLEM: -You Have an Action Plan —————But No “PLAN FOR DETAILS”!

A critical part of the long-term success of the business.  It is the empowerment of your business, the “Vin Lombardi” attitude for success.  It creates confidence to grow.   It is the “BUSINESS PLAYBOOK”! In a Nutshell it’s the solution to the eight reasons why 70 % of businesses fail in 10 years, and the reason why 86% of the businesses can’t be sold…    IT’s That Simple…   

Let’s break it down… 

Eight Reasons Why 70% of Businesses Fail Within Ten Years!…

No Vision-No Niche-No Business Plan-No Marketing-No Commitment To Continual Learning-No Action –No Follow Through-No Consistency

The same reasons 86% of businesses can’t SELL!  ——— There is no “Plan for Details.” 

Why Don’t Business Owners Create a “PLAN FOR DETAILS” to fix the problem?… 

 The Major Reason Why …

Advisors make planning more complicated than it must be.

They charge too much in fees.

They don’t respect your brevity of time.

They don’t understand the business owner and never ran a business (employees, payroll, worked with bankers and inventory).

The advisors have their own agenda, not the agenda of the business owner.

Many advisors are not competent to plan the complexities of business and only want to sell products under a hidden agenda. 

Many advisors don’t specialize and have conflicts of interest- such as a lawyer or account selling investment products. 

YOUR “PLAN FOR DETAILS” – “YOUR “BUSINESS PLAYBOOK” to the RESCUE

NOT HAVING A “Plan for Details”, HAS CONSEQUENCES!

EASY TO PLAN You can plan your path to success and prosperity within 30 days or we do it for free. You will learn in about a total of 4 hours or less over the 30 days.
LEARN ON YOUR TIMEOur Educational videos are short and easy to understand AND LEARN. The basis for your “Plan of Details”
ONE ON ONE COACHINGFour videos explaining the material along with a discussion after each step.   This will clarify the questions you may have.
YOU CREATE AGENDA Sixteen Business areas of planning. We call it Blueprints.   You select the topics for your agenda. Solve one issue at a time and move to the next. 
BREVITY RESPECTEDVideos less than 20 minutes. Conference calls, less than 30 minutes.
EASY TO LEARN MATERIALResource Video Guide on many topics.  Resource Study Text Guide written in simple language.  Also, open a library to use for your knowledge base.
AUTO UPDATINGYou set the schedule to update and assess other areas in your planning.  You are always current because we make it automatic for you.   
ONGOING SUPPORTMonthly, you receive ideas on planning which you can use, and phone support.  You are given a link to our calendar to schedule conference calls. 

SituationNO “Plan FOR Details” THE RESULTS  Business Planning System-PLAN FOR DETAILS
Covid Hits- Lack of Capital Shut down, layoffs, a business closes.   Banks recall your credit line, you incur debt. Planned for reserve of capital, through cash flow. Bankers are pleased with your plan and extend credit. Business as usual! You are prepared!
You Die or Become DisabledKey employees leave with others. Family has no permission to run business Banks recall loans. Planning satisfies banker and probate courts. Employees stay, there is incentive in place for them, Family or key group run the business.  
You Want Out of BusinessWealth tied up in your business not liquid. Must sell at deep discount to raise money!Executive compensation plans set up. You have the capital to retire and sell your business without forced sale.   
Key Person (Group) LeavingBankers, vendors, end credit. Employees leave.You created a vesting benefit for your key people. Too rich for them to leave you, along with documents that are in place to protect you if they do leave. 

EMPOWER your growth by formulating a “Plan for Details”.  

 Consequences Don’t Always Happen to the Other Guy! Don’t Be That Other Guy!

Your “Business Playbook” Your Favorite Banker Will Be Impressed!

WHICH PATH?  Continue doing what you are doing without a “PLAN FOR DETAILS” and risk MANY UNKNOWN CONSEQUENCES! OR take the path of AWARENESS and Avoid Financial Mistakes through Knowledge!  

Educated Entrepreneurs Are Aware of BUSINESS OWNERS!

View the demonstration Video of the GWT Business planning System. Fill in the few questions on the form and it will take you to the short video .

Get My Video

[1]Lauren Cowan, Former Forbes Contributor CPA, Attorney, Elevate 

[2] Doug Baily Feb. 9, 2016, Talking Business

You Don’t Need a Business Degree from Wharton to Build an Incredibly Successful Business,  

Featured by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Buy and Sell Agreements, Company Wealth, evaluations, Executive Benefits, Funding your Buy and Sell, Income from your business, Inside Sale, Key People_Or Group, Passive Ownership, retirement, Selling Your Business, Strategies of growing business, Tax Efficient, Tax Free Income, Value drivers, Working On Your Business

But you do need this…

Dear Fellow Entrepreneur, who wishes to grow their business and enjoy what they are building… 

did you ever wonder why some business owners run a successful business while others claw up a mountain to stay in business? It comes down to one STRATEGY, in my opinion.  

A Recent Survey Reveals That 86% of Small Business Owners Risk Bankruptcy or A Forced Exit by Missing This Strategy! 

Only 14% Of Business Owners Will Enjoy the Value of Their Business! i 

You and I are entrepreneurs, wired with passion to run our businesses.  I want to share with you a powerful strategy that will change how you run and grow your business. It will give you more clarity and create more simplicity in your life.  This powerful strategy is one of the major contributing factors to building value in your business.  

Have you ever noticed how some business owners keep more of the money they earn, work less, have unlimited family time, avoid getting drained by taxes, keep the best employees, and run their businesses, not the other way around? 

My clients tell me the strategy has given them clarity and has simplified their lives allowing them to enjoy more of what life offers! 

THE ISSUE and THE PROBLEM:   The mindset when you start or buy a business is to bring your product or service to market quickly to create cash flow. This is the “action planning”, and it’s all about cash flow. The problem is you stay focused on the ACTION PLANNING MODE and neglect the DETAIL PLANNING MODE altogether, creating financial chaos, and diminishing the chances of accomplishing your dreams and aspirations! 

Enter the Business Growth, Wealth, and Transition Plan (GWT PLAN) which focuses on the details of the Growth, Protection, Equity creation and Transition of your business.   The GWT PLAN is a “Designed Plan” and creates the future financial success of your business. The GWT PLAN is like Kryptonite, fighting off bad mistakes, lost opportunities and keeping you on the path of building your business’ future wealth! 

A TRUE STORY:  In 1971 my father died suddenly at age 51. His very profitable business in Hamden, CT, was sold for pennies on the dollar. My mother went from middle class to poverty level overnight. She was forced to sell the family home and move to a few different neighborhoods, giving up what she loved the most, which was cooking for the neighborhood kids.  This created great emotional turmoil in the family. 

THIS DID NOT HAVE HAPPEN, BUT IT DID.  Why?  Because my father had a “Default Plan”, NOT a “Designed Plan”.  He winged it, like so many business owners do.  Because of that, he lost his “Life’s Effort”, and his legacy, at an extreme cost to his family.  

If You Had a Financial Leak in Your Business That Was Going to Burst Your Financial Pipes, When Would You Want to Know About It?   

YOUR SCENARIO WITHOUT A GWT PLAN 

If you died or became disabled today, what will happen to your business?  Without a plan, the banker would call your credit line, the vendors would stop selling to you, your key people would be looking for new jobs along with other employees. Your family would need to get permission from the probate court to run the business without breaking the law.  

If your Key Person told you they were leaving along with five other employees, what would you do about this?  The banker will call the loan, your vendors will cease to give you credit, you may lose other employees, and you would lose income very quickly! 

What if you were in a squeeze economically, business was bad, costs were high, gross revenue is not covering expenses, what do you do? Call in Mr. Banker, and hope he has confidence in your business to solve the problem (remember Covid) and hope for credit! 

 You had enough; you want out. What’s the value of your business you want to sell?  86% of your fellow entrepreneurs are not going to sell their business, what would make you any different?  

The Same Scenario HOWEVER, You Implement Your GWT Plan! 

#1: Your banker doesn’t call your equity-line and they are satisfied with your continuation plan.  Your family has planned instructions on how to run the business, while your employees are satisfied and confident of the continued success of your business.  

 #2. Your key people stay on because you have incentives for them to stay. Also, you have protection documents that would thwart their ability to compete with your business if they left.    

#3. If you were so unlucky to hit a bad economic turndown, you have a special benefit in place to fund your cash flow without having to beg for money from the bank.  This was created through your business cash flow in advance.  It is substantial in value, and tax-effective, creating personal wealth outside of your business.  

#4. You have been systematically formulating plans over the years for the purpose of transition someday.  Because of that planning, purchasers are interested in buying your business at the highest potential value.   

If You Are Investing Money, Time, Pride, Sweat and Nerves in Your “Biggest Effort in Life” 

Why Would You Not Spend the Time to Protect It From the “What IF’S By Implementing Your GWT Plan! 

It’s Not Your Fault However! It’s the Planning Professionals Fault! 

Here is the difference between planners  and what we do and why we make a difference… 

It’s their agenda, not yours. –  

The GWT PLAN agenda is designed by you. You pick the subjects you wish to plan for. 

No respect for your brevity-take too long to plan. 

The GWT Plan uses educational tools such as short videos, so you learn on your own time and verification of what you learn via conference calls. 

They charge too much and complicate the planning making it more complex than necessary. 

 The GWT Plan charges are a fraction of the market charges for planning and is designed to be communicative and simple.  We use a patented plan called, “The One Page Solution”, which describes the issue and the solution on one page, and this is done, one issue at a time.  

They are averse to working with your other advisors. 

The GWT plan encourages your other planning team to join us, so we have all the information about your dreams and aspirations and what your team has been doing for you. We welcome all professionals to engage in your best interests.  

Many planners have never run a business or walked in your shoes. 

We have been in business for over 50 years and have never been in any other business professionally, and know what it is all about having staff, payroll, working with banks and having an array of tasks to deal with.  

They don’t spend time learning about your business and your value system, and don’t listen well. 

The GWT plan doesn’t start planning until we feel we understand what your dreams and aspirations are. By using our tools, we not only learn about what the facts are, we learn about how you feel about what you are trying to accomplish.  

Despite this…To Survive and Thrive in the Future Economy YOU NEED A GWT PLAN TO… 

Create a path to follow for success with clarity and simplicity for your business and personal life to help you enjoy your life.  

Create a business culture to help hire the right employees, develop middle management for your future transition, and free up more time for you. 

Uncover opportunities in creating wealth in your business with tax efficiency through your cash flow while protecting and growing your financial future. 

 Develop a solid transition plan to maximize the value of your business for your future financial security while creating wealth outside your business! 

Learn the secrets of developing your GWT Business Plan by requesting my FREE E-BOOK. I am offering a limited amount of copies for distribution over the next fee days! Take control of your future and go down the path the will give you CLARITY AND SIMPLICITY ALONG WITH GREAT SUCCESS!

REQUEST YOUR FREE COPY of my published book, “Unlocking Your Business DNA”, and learn the benefits of having a GWT PLAN!     ORDER NOW- distributing a limited number of E-Books.  

Click Here to get your Free DOWNLOAD E-BOOK

The Benefits Of Keeping Your Key Person And Key Group!

by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Company Wealth, evaluations, Executive Benefits, Income from your business, Inside Sale, Key People_Or Group, Life Insurance Types, Strategies of growing business, Tax Free Income

 

Recently, I wrote an article about the “Quintessential Employee” and covered all the benefits of having a key person in your company. 

The Education of the Quintessential Employee! 

Some of the attributes of the key person are:  

  • Creates more business value by freeing owners to focus on other profitable tasks 
  • Purchasers of a business want to have middle management in place 
  • Builds reputation and culture 
  • Key people tend to impress other employees as a good example 
  • Key people, as described, are also likely future purchasers of the business, or 
  • Likely to run the business while the owner enjoys life, but still has the control and wealth 

For the full article, download The Benefits Of Keeping Your Key Person And Key Group

Enjoy the download of the full article. The link in the article will download immediately the option of receiving the report.

Download The Article

Someday You Will Leave Your Business By Retirement, Death, Disability Or Drop Dead At Your Desk! Do You Have A Method Of Taking Your Business Equity With You In A Tax Efficient Way?

Featured by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Buy and Sell Agreements, Company Wealth, Estate Planning, evaluations, Income from your business, Selling Your Business, Strategies of growing business, Tax Efficient, Valuation, Value drivers

There are millions of small businesses in the United States, and many of them have something in common, and that is that they do not have a succession plan.  

I have heard figures like 80% or higher do not have a succession plan. Over 50% of the companies that have a succession plan, have either outdated plans, or incomplete plans.  

Why is this an over whelming problem with small business owners? Why would a business owner not want to make sure their “lifetime of effort” isn’t lost because of a lack of planning? 

SCENARIO: Someday all business owners will leave their business, either by retirement, death, disability, or just drop dead at their desks.  

 There will be a great loss in the value of the company because of this lack of planning, and consequently, the owner or the family will not receive the true potential value of the business. 

While I cannot explain why business owners do not do their planning, I can tell you some of the reasons the business owners and their family will not get the true value of their company when one of the three triggers occurs (retirement, death, and disability) They would be: 

Lack of planning -. They do not implement systems such as value drivers’ systems, next middle management, systematizing procedures, and others business building procedures. These are the elements that create the future value which a purchaser looks for when buying a business. 

The lack of planning also includes the failure to develop a middle management which could take over most of the tasks of the owner. By not creating a middle management, it leaves the owner as the indispensable person, the essential person in the firm. This is a dangerous position for the future of the company. It may be the greatest threat to the future value of the business.  Like anything else, when you lose the essential indispensable part of a machine, the machine will not work.  This is the same for the company when the owner is the “essential and indispensable” employee.  

Time- Most systems need time to develop and cultivate when building a business. Processes and systems need years to mature and create the potential value of the company. Consequently, when the owner gets near retirement with no more road left to plan, it is too late. Selling the business at the most potential value is not attainable. 

No liquidity: Many business owners put too much of their wealth in the business, such as inventory, machinery, receivables, and benefits, to name a few. They do not make the adjustment to using business cash flow to create wealth outside of the business, like pension plans, executive compensation plans, and other value building programs. Consequently, when capital is needed, it is hard to raise it, and is not readily available to the owner when needed the most.  

When business owners, decide they want to retire, and leave their business, they find themselves in a conflicted position. Because they did not take the time to plan, they have run out of time, and they will not yield the value they would have normally received if they had done planning over the years.  

The only options they may have:  

  • Sell at a reduced price 
  • Stay in the business until they find a buyer willing to buy at this price 
  • Continue in the business to fund their “retirement years” 

The bottom line is to start your planning early. My suggestion would be on the day you buy or start your business, start implementing a transition plan, as most of the transition planning requires an extended period in order to implement.  

Get your free Business Transition Commonly Asked Questions Report! Click here! 

Rushing Through the Most Important Document in Your Business!

Featured by YOUR BUSINESS WORTH, posted in Buy and Sell Agreements, Company Wealth, Estate Planning, evaluations, Funding your Buy and Sell, Life Insurance Types, Selling Your Business, Uncategorized, Valuation

In my career I have experienced several business owners rushing through the implementation stages of designing their buy and sell agreement (BSA), probably one of the most important documents they will ever need, treating the process with little thought.   As Rodney Dangerfield would say, “No respect”.  When it was completed, it was very basic, doing more harm than good. 

In some cases, maybe more than I think, the document being used by the drafting attorney was a “hand me down” from another attorney.  While the “hand me down form” may have been useful in drafting another person’s situation and making it easier for the drafting attorney to do, it was not going to maximize my client’s planning situation.

In Paul Hood’s great book, “Buy And Sell Agreements, Last Will And Testament For Your Business”, he covers the consequences of not designing the right buy and sell agreement, and how important it is to spend the time and money preparing and designing this important document, with an experienced lawyer.  [i]

Paul specifically speaks about attorneys using a “hand me down agreement”, and how it may be more harmful by having it than not. 

The “Paul Hood Fire Drill”

He uses the idea of the “fire drill”. What happens when a “trigger happens? What will be the outcome and the consequences based on how your BSA is set up (or not set up), when you play it out. Like you were the leaving owner, and then again as the remaining owner.  On a personal note, the “fire drill” advocated by Paul is something I use all the time and has been instrumental helping my clients and their attorneys in drafting the proper strategies for their situations.  I have found that this has been a great way of helping my clients design the best BSA for themselves. It has allowed them to make it real and start developing questions and ideas that they can implement in their design. It keeps them involved with the process.

The “Fire Drill” strategy has put my clients in the “power seat” of knowledge, so when they discuss their BSA with their attorney, the elements and strategies that are being used are not foreign to them. This consequently helps them design a better BSA, reducing the time needed to spend with their attorney ($$$$$).    

Keep in mind, many business owners start the process of designing the BSA when there has been no experience of consequences with an owner or co-owner leaving the company. 

Everyone is Equal at the Start!

When owners design their BSA, they are all equal in status.  People that enter into agreements want the agreement to favor them when a triggering event happens, even if the agreement has not been updated in years or there is no reference to the triggering event. 

When are clients initially design their BSA, it probably will be one of the few times that all the partners will be negotiating with each other, because when there is a triggering event, chances are they will be negotiating with someone other than their co-owner.  

The representative of the departing co-owner will have a different perspective as to what they want out of the BSA!  Whether it is the spouse, their child, their law firm, whomever, they will be negotiating from a different point of interest.

Business relationships, and friendships are put aside.  It is at this point you would hope your BSA covers all the areas of concern that need to be covered.  The bottom line is the agreement must be exact as to what will specifically happen based on the triggering event.  There is no room for errors if the document is specific.  The best time to do this is when everyone is on equal ground. 

For this reason, owners designing their BSA with their attorney should take it very seriously because they are really pre-negotiating for the people, they love the most without any certainty of which trigger will occur and which side of the trigger they will be on, leaving or a remaining co-owner.

It is extremely important that the triggering events be identified and that you will understand what will occur with each trigger event.  

Paul Hood’s “fire drill” has made it easier for my clients to understand the importance of designing a solid BSA.  By posing questions to the scenario, the BSA becomes very real to them.  

Examples of how they would play out the “fire drill”  

·       What if you’re the first co-owner to leave?

·       What if you’re the last remaining original owner? 

·       What if you end up with a co-owner you don’t want to be owners with? 

·       What happens if one of your co-owners, dies, divorces, or goes bankrupt?  

      By implementing your “fire drill”, you will start to formulate different scenarios for your own situation creating your own buy and sell design.  

This is a critical document in keeping your business going should a trigger happen to any of the co-owners.  Unfortunately, you must deal with it in advance and before there is a triggering event. 

Risks when implementing your BSA:  

·       Using an attorney who is using a fill in the blank form.

·       Not planning the scenarios before designing the plan. 

·       Not having a BSA.

·       Not signing it. 

·       No dealing with how to fund such triggers.  

There are so many elements to the buy and sell agreement that need to be covered, the planning of this document can’t be taken lightly.  However, that is not to say you can’t have a great BSA.  Having experienced professionals to help guide you through the process will pay off great benefits in designing and implementing your BSA. 

We suggest you find competent counsel who has experience in designing the buy and sell agreements and discuss your goals and objectives with them. 

Again, my best advice is pick up Paul Hoods book (“Buy and Sell Agreements, last will and testament for your businesss”.) Read and study it. 

 If you would like our free Business Succession and Transition Planning Guide, click the link and we will send you a FREE WHITE PAPER to get you started. in your planning.   YOUR FREE GUIDE

[i] E. Paul Hood is a prolific technical author. He has published a number of books on planning and is one of the leaders in estate planning and business succession planning.  

The Easy Process To Identify and To Solve The Problems!

Featured by YOUR BUSINESS WORTH, posted in Business Growth and Transition, Buy and Sell Agreements, Company Wealth, Estate Planning, evaluations, Income from your business, Inside Sale, Key People_Or Group, Passive Ownership, Selling Your Business, Strategies of growing business, Tax Efficient, Team, Valuation, Working On Your Business

The Easy Process To Identify and To Solve The Problems!

Excerpts from My book, “Unlocking Your Business DNA”

The One Page Solution!

As we start the process of fixing the problems, they need to be identified. In chapter 1, I discussed how the business owner needs to find their “Business DNA”. Again, this is about focus and asking the right questions, and giving the business owners the amount of time, they need to think it through.

I break down the issues into two categories, BUSINESS GROWTH AND TRANSITION.

Business Growth: Focuses on the business itself such as the strategies needed to grow the business, the systems, the culture, and its employees. It is all about the business future.

Transition: Focuses on the categories that relate to the owners, and the changes they need to make in their personal life because the business is growing.

I keep these categories separate because the issues concerning the business growth are different than the owners transition issues. However, as the business growth changes, it affects the transition of the owners, and vice versa.

It is very important that the business owner is committed to fixing their problems.  If they are not, the first time they have a business roadblock, they will tend to put planning on the back burner.  This is a mistake, because most of the time it does not resurface until there is a crisis.

However, in our planning we do create action plans in small steps. Having a team of advisors working together creates the ability to complete the small steps needed to accomplish our goals.

An Example:

A perfect example was when a company we were working with had plateaued in growth and wanted to create more business growth. When we went through some of the planning questions, I realized the owner had spent no time systemizing their business.

The owner had no documentation of operational systems of his business, but instead it was all in his head. He would delegate the tasks to his employees like a drill sergeant.  He never even thought of the fact that there was no continuity in his business, consequently, if something happened to him, the business would have ended.

I asked him, “could you go on vacation for three months and not check in during that time”?

He looked at me and laughed, replying, “are you kidding this place would fold in seven days.”

I replied, at least you are real, the sad part however is you do not have a business, you have a job. You have a position, a paycheck, and a place to go, but you do not have a business.

He looked at me dazed! But he knew I was right.

The Process Using “One Page Solutions”, will keep everyone on track.

To uncover the issues and problems with the business owner we go over the main subjects called “ONE PAGE SOLUTIONS.”  On any subject there are always a few directions in which the business owner can go. We discuss them and analyze what are the most important subjects the business owner needs to deal with currently. “THE ONE PAGE SOLUTIONS” ARE LISTED BELOW.

Each Subject has a few sub-topics we review with the owners. As we DISCUSS the One Page Solutions, we find the strategies which will solve the issues. Once we are done with the subject, we move on to the next One Page Solution, if any.

THE FOCUS AREAS of the “One Page Solution” ARE:

1-Sale of Business (outside)/ Evaluation Methods/Timing

2- Inside Transition (Family, Co-Owners, or Key Employee/s)

3-Passive Ownership- Owner wants to still run the business, but take long trips

4-Retirement; defining and preparing

5-Wealth Accumulation & Asset Protection (both in and out of the business)

6-Premature Death- Consequences

7- Estate Distribution- updating

8- Life Insurance Contracts and Benefits

9-Legacy Planning / Management of Legacy

10-Disability and Illness, Medicare, and Medicaid

11-Key Employee Retention- and Creating A Culture

12-Key Employee Owner’s Manual- systematically creating company manual, business coaching, marketing proceedures

13-Corporate Benefits and Retirement- cost and efficiency

14-Qualified Plans and Personal Liabilities- Executive Compensation

15-Family Relationships/Employee Relationships/Human Resource

We helped a business owner recently with the problem of not having business growth over a prolonged period of time.  The solution was to put in place strategies that would create transferable values for the future.

They included things like creating key group, documentation, standard procedure, diversification, and growth strategies.

In this case we realized this will take some time to implement. The owner was under no delusion that this will be done in one year. Most importantly the owner started the process. A few years from now he will see the outcomes in all its glory. Because we have experts in our toolbox, we shared our professional advisors with our client for coaching purposes, and education.

Besides implementing a few systems, they will also do a business appraisal every two years. Over a period, this will help them evaluate the growth of their company by implementing the systems suggested.

By doing this the company could allow for better planning in the future, and adjust the path towards financial security, and business growth.

One of the key elements to helping Business owners solve problems is to also identify the roadblocks. This eliminates the surprise factor should our implementation strategy not go as planned. In one of our planning agendas, we discuss these roadblocks and try to define the subsequent issues and challenges in the future.

What is extremely important in this process is that it makes the owner aware of any potential issues they must have to deal with in the future and stay ahead of the problem curve.

Over the years what has been extremely helpful has been the communication with the team. Again, these are the client’s advisors that may or may not have been in place before we started planning. Since we update the team regularly, we are often given new advice that has been helpful in forecasting future events in the business.

We normally would not have this knowledge if we did not have the team of advisors in communication. This is one of the biggest advantages of working with the team and having periodic reviews.

We have been successful helping business owners work on their business to get issues resolved and to focus on details. We use a One-Hour a month system for the business owner to do this.  This allows the business owner the brevity they want, but also, gives them quality time to organize the details of their business. Through our step-by-step system, we help business owner cover all the key issues that are needed to cover to run your business smoothly, take more time off, earn more money and just enjoy working and life much better.  

If you would like a FREE WHITE PAPER called “Your Business Essential” which will help you organize your business, CLICK THE LINK BELOW, download the white paper. This is a 128-page guide in business planning Your Free. When you click submit on the form, your file will immediately download.  Enjoy. 

Immediate Download  

You can purchase of “Unlocking Your Business DNA”, AT Amazon. All profits to to Wounded Warrior Foundation and other Veteran groups.