Search Site
Menu

Four Reasons to Fund Your Business Succession Plan

It is an incredible accomplishment for business owners to craft a business succession plan establishing the structure that will transition the business out of the hands of the current owner(s).  However, even the best business succession plan will be considered a failure without a proper funding mechanism.  The considerations in support of setting up a method to fund your business plan are easily overlooked.

First, it should come as no surprise to anyone that the death of a family member is a disruptive and costly event.  This issue is compounded when the family member is the sole or primary provider.  An established source of liquid funding will provide a source to fund the expenses and meet your family’s daily needs while they sell the business or transition control of the business.

Second, a business has ongoing obligations that must be met regardless of the owners passing (e.g. payroll).  Generally, meeting these obligations is important whether you intend to sell the business or continue to operate it as a going concern.  However, the business may suffer a severe lag in income for the first 6-9 months after an owner’s passing because the business’ work flow is driven by that owner’s relationship and/or reputation.  Accordingly, a liquid source of funding may be essential to keeping the business operational or marketable during that time period.

Third, liquid funds may be necessary to fund the Buy/Sell Agreement between the business owners.  Many companies have multiple owners that do not want to be in business with co-owner’s spouse or kids.  A Buy/Sell Agreement is a valuable tool for determining who will own the business if one co-owner dies.  However, a Buy/Sell Agreement is much less useful if there are no funds available for the company (or other owner(s)) to exercise their rights to purchase under the Buy/Sell Agreement.  An established source of funding will ensure that the owner(s) can utilize the Buy/Sell Agreement for its intended purpose.

Fourth, business owners may face uncertain estate tax obligations.  Estate taxes may be owed at the time of the business owner’s death.  An established source of funding may be invaluable for the purpose of paying those taxes without having to liquidate assets to generate revenue.

The best way to fund your business succession plan will depend on your business, its operational requirements, the structure of your succession plan and your ultimate goals.  Take some time to discuss these ideas with your planning professional to make sure you have a plan in place that maximizes the benefits provided by these tools.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2022 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Navigating Employment Law Concerns: A Guide To The Biggest Risks for Texas Employers

Navigating Employment Law Concerns: A Guide To The Biggest Risks for Texas Employers As trusted legal advisors, we understand the complexities and challenges that employers face when navigating the landscape of employment law. With the ever-evolving regulatory environment, it's crucial for employers to stay informed and proactive in addressing legal concerns. One
Read More
Navigating Employment Law Concerns: A Guide To The Biggest Risks for Texas Employers

Asset Flow in Estate Planning

Planning for the distribution of your assets upon your passing can seem a daunting task regardless of the size of your estate.  However, planning for how those assets will be distributed, and ensuring your estate plan accounts for your desired distribution, is essential. In this article, we will discuss the
Read More
Asset Flow in Estate Planning

Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Strong Firm P.C. is excited to announce the addition of Kelly Sullivan to its team of experienced attorneys. Kelly adds exceptional strength to the firm’s established practice areas based on her wealth of experience in the areas of Litigation, Labor and Employment Law, Business Law and Governmental Law, Zoning
Read More
Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Future of Non-Compete Agreements: Executive Order on Promoting Competition in the American Agreement

In July 2021, President Biden signed an Executive Order aiming to limit the use of restrictive covenants in employment relationships. Opening with the premise that “a fair, open, and competitive marketplace has long been a cornerstone of the American economy, while excessive market concentration threatens basic economic liberties, democratic accountability,
Read More
The Future of Non-Compete Agreements: Executive Order on Promoting Competition in the American Agreement
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form