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Family Business Matters 09/30 04:58
How to Prepare for the End of Your Business
Chances are that somewhere in your future, your business will experience an
ending, split or dissolution. Being prepared can be instrumental for positive
family relationships.
Lance Woodbury
DTN Farm Business Adviser
As history goes, the United States is a relatively young nation. A farm or
ranch operating in America today, even if the owners have generations of
consistent family ownership, is the result of someone starting anew. They left
something else -- a job, another business or possibly another country. Every
business beginning involves some type of ending.
Family companies rarely stay the same over time. Some people choose not to
return to the family business. Some businesses get sold, split up or merge. A
business division may occur due to participants' diverging goals, or there may
be conflict between partners or their spouses. Some may simply desire more
freedom to operate on their own, or they might want a wholesale change in their
career.
Whatever the reason, the chances are that somewhere in your future, your
business will experience an ending, split or dissolution. You may not want to
think about the inevitability of an exit, but being prepared can be
instrumental for positive family relationships. In many cases, thinking early
about the ending, well before it occurs, may help reinforce the reasons to stay
together.
Several activities help prepare for an eventual but successful ending or
division of the business.
First, if you are in a partnership, review your legal agreements to
understand the transfer or buy-sell provisions. Some entities don't have an
agreement for how people get out of business together, while many others have
terms not reflective of owners' current intentions. Those terms govern unless
the owners agree to an alternative. The time to review the agreement is before
anyone expects to exit.
Second, assess the quality of your financial records. Maintain a current
income statement and balance sheet to model different revenue, expense and
ownership scenarios. Discuss asset values at regular intervals to foster an
understanding of the business' value. Understand the capital gains, deferred
income or negative tax basis implicit in your balance sheet. Visit with your
accountant to understand your current financial condition.
Third, consider what might comprise one, or several, economically
sustainable units. If the business or land is split, can there be two or more
smaller businesses that still support a family? I've known several families who
purchased assets knowing they might someday be spun off to partners who go
their own way.
Fourth, contemplate what assets are not considered core to the operation. If
a buyout or division becomes a reality, those assets can be used to facilitate
a transaction, becoming a source of cash or capital for the deal.
Finally, stay in communication about each person's goals and plans. What are
family members' aspirations for the future? Does a partner plan to retire? Move
to a different geography? Sometimes a business split offers the necessary
permission to change.
Splitting up, winding down or selling a business is seldom easy, but an
ending is sometimes necessary for the relational health of the family and the
mental health of the participants. Talking about an eventual business ending
now may help you be a better family later.
Lance Woodbury can be reached at lance.woodbury@pinionglobal.com
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