Many business families dream of passing the business on to future generations, but the reality is that relatively few businesses survive the first generation. Passing your business to future generations requires concrete steps to build a succession plan.

Steps in Developing A Successful Business Succession Plan

Critical issues in succession planning include:

  1. Planning for changes in management from one generation to the next.
  2. Transferring asset ownership from one generation to another generation.
  3. Anticipating life events that could change the succession plan, such as unanticipated death, personal injury, divorce, and disputes.

The major elements of a succession plan include the following.

Business Management Team. The founder and retiring member must start to include the future generation in management decisions to make the transition successful. This typically involves:

  1. Developing a team approach to making decisions rather than the older generation continuing to make all decisions without any input from the younger generation.
  2. Fostering management skills in the incoming generations.
  3. Training the younger generation in all skills necessary for management of the business.
  4. Put in place an accountable system of communication.
  5. Perform evaluations of all members of management, young and old, so that all of them can address weaknesses and build on strengths.

Control Issues. Controlling decision making and passing that control to a future generation is at the core of succession planning. Additionally, for the success of the business and the success of the succession planning process, quality decisions arrived at by a joint consensus process are preferred over an authoritarian process.

Problems Will Arise. A good business succession plan will anticipate that problems will arise. Maybe someone dies much sooner than anticipated. Maybe someone divorces. Maybe disputes arise among the parties that creates division. A well-developed succession plan should plan for these scenarios. A well-drafted Trust written by an attorney that is an expert in business succession planning can help allow for these situations. You should talk to your business succession planning attorney about your concerns and he can develop a plan with you.

Compensation to all Generations Involved. The younger generation will need adequate compensation while they are not the full owner of the operation. Some of the compensation can be in the form of current or future ownership, but they also have to make a living during this time. The older generation should be adequately compensated for their labor, as well as rent income from land and machinery, in a lot of cases. Other operations will benefit from other arrangements. Each operation will have a customized business succession plan if an attorney well-versed in business succession planning is involved.

Ownership Interests Valuation. The business and other assets will need to be valued in some manner, either by a formal appraisal or values agreed upon by the parties.

Protect the Older Generation. The outgoing generation will need various protections in place to assure them that they will not be forced out by the incoming generation.

Protect the Future Generation Too. The incoming generation will need some protections while they are not owners (in full) and are working (usually a lot) on the business and trying to ensure its survival to them. Your business succession planning attorney should be versatile and proficient in drafting numerous documents to facilitate the transfer in your specific situation, for example you may need a first option to purchase, a buy-sell agreement, a compensation agreement, or any other number of documents in addition to the usual ones.

Encourage Phased Retirement. Another element of a succession plan focuses on encouraging senior individuals to retire. We have found that the founder phasing into retirement usually works better than going “whole hog” and going from full-time work to completely retired all at once. This way, future generations can transition into management of the business instead of getting all of this responsibility at once.

Hire an Attorney That is an Expert in Business Succession Planning. A lot of attorneys will prepare Wills and try to fit your situation into what they know. They might even prepare a cookie-cutter living trust that is the same as their last client except for the names. At Birk Law Firm, we are experts in business succession planning and will meet with you and develop a customized estate plan that meets your specific situation and goals. Your business succession plan will be part of your estate planning, but it is much more than that. You will need additional contracts depending on your situation. You may need rental agreements, employment agreements, and others specific to your situation. We will develop and help you implement a plan that is most advantageous for you now and in the future, and for your beneficiaries, and that will set in place the plan, procedures and process so that your business will pass to future generations.


Why Choose Birk Law?

Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.

Cape Girardeau Law Firm Kelvin BirkOur clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.

We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.


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