Family businesses are most at risk for financial troubles based on a lack of formal succession planning and preparation, and on family business owners' personal financial issues, according to MassMutual Financial Group's 2007 American Family Business Survey. The survey also found that family businesses are growing in jobs and revenues, and often with women leading that growth.
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A guide to minimizing the after-tax proceeds from the sale of a family business. According to the article, legal exit preparations involve a 3-step process: due diligence investigations (i.e., public searches, review of minute books and key contracts, etc.); identify any 'skeletons' and consider what options exist to remedy or neutralize them; finally, create and implement a plan to manage these skeletons.
Proper asset allocation and estate planning is often the best gift to children who have neither an interest in, nor propensity for, running the family business. Sale of the family business is usually a once-in-a-lifetime chance to achieve meaningful liquidity, and well-qualified advisors can add much more in transaction value and stress relief than they take away in fees.
According to research conducted by JPMorgan Private Bank's Advice Lab, almost one in three family-owned businesses has experienced some form of liquidity event over the last 12 years. An outright sale or a merger or initial public offering has major implications for businesses that may have been family-run for generations. The analysis highlights how liquidity events can undermine a family's sense of purpose and cohesion, as well as its capital.
Selling the family-owned business is one of the most important financial decisions and transactions that any family will face. Business owners, their children and grandchildren will live with the results for a long time to come. Getting it right is important to maximize family wealth, and some basic advance planning — even several years in advance — could help achieve that critical goal.
Leadership succession and governance are important issues for every financial family. However, these issues are especially complex for business-owning families. To explore succession from an expert perspective, FOX spoke with Kelin Gersick, co-founder and senior partner of Lansberg, Gersick & Associates, a consulting and research firm specializing in family enterprise and philanthropy.
Recognize that a cyber attack will occur at some point during a business lifecycle. Whether it is through web attacks, email phishing, exploit kits, point of sale, keystroke logging, or ransomware, the bad actors have figured out how to defeat your latest defense against a cyber attack. They know what will make you click on the link that will give them the beachhead into your computer system.
The federal government proposed sweeping new tax rules earlier this month that would dramatically affect family businesses, investment partnerships and other entities. These rules, which could become final and binding as early as the end of 2016, would artificially inflate the value of interests in family entities for gift and estate tax purposes. Families should now consider whether to accelerate their plans to transfer family business and investment assets ahead of these rules.
Under the IRS’s proposed new regulations, they would permanently and profoundly change estate planning for families that own a controlling interest in a privately held corporation, partnership, or limited liability company. The IRS has requested comments on the proposed regulations by November 2, 2016, and will hold a hearing on December 1, 2016. Even if the regulations are finalized in something close to their current form, portions of the regulations likely will be subject tochallenge on the grounds that they exceed the scope of the statute.
Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper attention in the review process: (1) Confidentiality Provisions; (2) Indemnity Provisions; (3) Consequential and Special Damages; (4) Product Warranties; and (5) Audit Rights.