Exit Planning Review  
  Exit Planning Information & Education for America's Business Owners  
 


The Exit Planning Review is an opt-in,
bi-monthly newsletter published by Business Enterprise Institute, Inc.

This issue is provided to you by Honeycutt, Smith & Associates , Paul Honeycutt.

For an overview of Exit Planning, please visit our web site.

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This article is presented by Paul Honeycutt who is a Registered Representative with/and offers securities through Commonwealth Financial Network, Member FINRA/SIPC.

Honeycutt, Smith & Associates
4225 Executive Square, Suite 955
La Jolla, CA 92037-9122
(858) 200-0900
(858) 200-0901 fax
www.honeycuttsmith.com


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Issue 84

Thinking About Transferring Your
Company To Insiders

Part Two

In the previous issue this newsletter, we began a discussion about issues that owners should consider before they decide to embark on a transfer of their companies to insiders (co-owners or key employees). We suggested that you:

  • Learn About the Transfer to Insiders
  • Test Your Assumption
  • Make No More Promises
  • Consider Age of KEG Members

(For a copy of the previous issue, please contact Paul Honeycutt.)

Let’s look at a few additional issues that you should consider.

Examine Your Risk Tolerance
Do you want to reduce your exposure to risk as you depart? Many owners decide that the KEG’s privilege of purchasing—at a bargain price—the company’s stock, should be balanced by increasing the risk that the KEG bears. You might transfer risk to your buyers by insisting that the KEG uses its money for down payment for initial stock purchase, or that it use personal collateral (such as their residences) as security for any installment note. You might transfer even more risk by insisting that your buyers obtain a bank loan for the entire initial purchase (possibly with the company’s guarantee).

Examine Your Successor’s Risk Tolerance
How much risk do you want your successor to assume? Are you willing to look exclusively to the future cash flow of the purchased stock for payment, rather than to your successors’ other assets? Most owners want their successors (usually a KEG) to feel and bear some of the risk of a downturn in cash flow. They believe that KEG members only become true owners when they bear an element of risk.

Understand the Need for Low Value
Do you understand the need for a low enterprise value in this type of transfer? If selling your company for the lowest enterprise value permitted by a qualified appraiser goes against your grain, you are not alone. It goes against the grain of nearly every business owner. Yet that is precisely the tool owners need to use in order to maximize the money they receive while simultaneously minimizing the risk of non-payment. If you are contemplating a transfer to an insider, the valuation number is not nearly as important as developing a projection or model of future cash flow after your departure and as the buyout begins. To be paid, you need to tap into future business cash flow. Placing the lowest defensible value on your company ultimately helps you to avoid excess taxation.

Consider Your Timeframe
If one of your objectives is to leave your company immediately, a transfer to employees is fraught with risk. If, however, you can wait four to eight years to be completely cashed out, a well-designed exit plan can make that happen. Using this longer timeframe not only reduces your risk of not being paid, it allows you time to continually evaluate each member of the KEG to determine which employees are suitable for ownership before you lose control.

Talk about these issues with your business advisors to determine whether a sale to Key Employees is the best exit path for you. If you have questions about any of the issues raised, the advisor who sent you this newsletter can provide more information.

Subsequent issues of The Exit Planning Review™ discuss all aspects of Exit Planning. The provider of this Newsletter (Paul Honeycutt) offer you unbiased information about what you most need to know — How To Run Your Business So You Can Leave It In Style™.

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DISCLAIMER: The information contained in this article is general in nature and is not legal advice. For information regarding your particular situation, contact an attorney or tax advisor. This newsletter is believed to provide accurate and authoritative information related to the subject matter. The accuracy of the information is not guaranteed and is provided with the understanding that none of the providers of this newsletter, including Business Enterprise Institute, Inc., is rendering legal, accounting or tax advice. In specific cases, clients should consult their legal, accounting or tax advisors.

The example provided is hypothetical and for illustrative purposes only. It includes ficticious names and does not represent any particular person or entity.

Paul E Honeycutt, CFP® Practitioner is a registered representative with/and offering securities and advisory services through Commonwealth Financial Network, member FINRA/SIPC, a Registered Investment Advisor, CA Insurance License Number 0728831. Financial Planning offered through H.S. Financial, Inc. in the states of CA and NV.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS under circular 230, we inform you that any U.S. Federal tax advice contained in this communication, unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed herein.

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Exit Planning Information & Education for America's Business Owners

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