Business Succession

Serving Eugene, Salem, and Roseburg – Estate Planning & Business Succession Experts

Family businesses form a substantial part of the American economy, accounting for approximately 90% of all businesses nationwide. These enterprises span various sectors, including agriculture, services, technology, and manufacturing, contributing about half of the U.S. Gross National Product and providing half of all wages earned in the country. Notably, around one-third of Fortune 500 companies are family-owned businesses.

Despite their significant presence, family businesses often struggle with longevity beyond their founders. At any given time, 40% of family businesses are undergoing ownership transitions; however, two-thirds of these initial transfers do not succeed. Of those that do, only half endure through a second transition. This high failure rate can be attributed to factors such as inadequate succession planning, lack of communication, and failure to address family dynamics.

Challenges in Family Business Succession

Several key challenges contribute to the difficulties in successfully transferring family businesses:

People: Family dynamics play a crucial role in succession planning. Issues such as nepotism, lack of clear communication, and differing visions among family members can hinder a smooth transition. For instance, founders may struggle to relinquish control, leading to conflicts and potential business decline.

Taxes: Navigating the complexities of estate and inheritance taxes is essential. Without proper planning, tax obligations can place a significant financial burden on the business, potentially necessitating the sale of assets or the business itself to meet tax liabilities.

Cash: Ensuring sufficient liquidity to facilitate the transfer is vital. Lack of accessible funds can impede the succession process, leading to operational disruptions or the inability to capitalize on new opportunities.

Strategies for Effective Succession Planning

To enhance the likelihood of a successful transition, family business owners should consider implementing the following strategies:

1. Develop a Comprehensive Succession Plan: Engage in open discussions with family members to outline clear goals, roles, and expectations. This plan should address potential conflicts and establish a framework for decision-making.

2. Establish a Buy-Sell Agreement (BSA): A BSA is a legally binding contract that stipulates how a business interest will be transferred upon specific triggering events, such as retirement, disability, or death. This agreement ensures a structured approach to ownership transition and can help in establishing a fair business valuation.

3. Secure Appropriate Funding: Explore funding options to support the succession plan, including personal funds, business reserves, loans, or insurance policies. Adequate funding ensures that the business can continue operations smoothly during the transition period.

4. Consider Tax Implications: Stay informed about current tax laws and regulations to minimize potential liabilities. Consulting with tax professionals can provide valuable insights and strategies to optimize the financial aspects of the succession.

5. Engage Professional Advisors: Collaborate with legal, financial, and business advisors experienced in family business succession. Their expertise can help navigate complex issues and facilitate a smoother transition.

By proactively addressing these challenges and implementing effective succession strategies, family business owners can increase the probability of their enterprises thriving across multiple generations.

Let’s work together

At Schultz & Associates Law Center, P.C., we work closely with other professional advisors, including Certified Financial Planner™ Practitioners, investment advisors, financial consultants, insurance professionals, Certified Public Accountants, and tax advisors as part of the estate planning team. We believe the team approach provides our mutual clients with the most comprehensive, realistic and effective estate plan.