Under 35s are creating more companies, with higher headcount and greater profit ambitions. They show strong interest in the new economy, but not exclusively, and prefer diversification across their investments. Dubbed as the “Millennipreneurs,’ these are business starters from ‘Generation Y,’ born between 1980 and 1995, also known as Millennials. Each Millennipreneur has started an average of 7.7 companies, and 78 percent of successful Millennipreneurs come from families with a history of running their own businesses.
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Marie Tillman was thrust into the spotlight on April 22, 2004, when her husband, former Arizona Cardinals safety Pat Tillman, was killed in a barrage of friendly fire in Afghanistan. Only a week after Pat’s death, as donations from strangers poured in to support the Tillmans, family and friends decided to establish The Pat Tillman Foundation in honor of Marie’s late husband. "Having the foundation to focus on was such a gift," said Marie. "I was able to take the time to heal because I knew I was doing something positive.”
As an entrepreneur and a leader, you have had to back yourself over and over again, often in the face of uncertainty or adversity. You have learned to trust your instinct. However, as you transition to the next phase of your life, your family is going to require a different form of leadership from you. The style and approach that has underpinned your success for the preceding decades is not necessarily the same style and approach that will sustain your legacy over future generations. However, there are some simple steps you can take to begin the process of change.
A family constitution—the rule book that defines the vision and principles of a family’s wealth strategy and acts as an operating model—should be as unique as the family itself. The key to developing an appropriate family constitution is not in the ultimate output, but in the collaborative process of developing it. In working together, families often uncover factors which bind them together. However, the process can also elicit confronting discussions about what really matters to individual members.
Avoiding the issue of succession planning is much easier to do than starting a conversation about handing over the reins to other family members. But avoidance does not defer the inevitable, and it puts family harmony and wealth at risk. As patriarchs and matriarchs of wealth families confront the issue of succession planning, there are seven questions families must address if they want to avoid a failed wealth transfer.
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.
A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the target’s liabilities that are not expressly assumed by the acquirer remain liabilities of the target, and the acquirer will not have exposure to them. As a general rule, this is correct.