Business Succession: Questions You Need to Ask

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It's not unusual for business owners to find that the majority of their wealth is mostly tied up in their businesses, which can be a major provider for them and their families. But when the time comes for them to sell their businesses because of a life-changing event such as retirement, many business owners often have not quantified how they would replace that important chunk of income.

Business succession can be an emotional, financial, and timing issue for business owners. If you own your own business and are considering a business succession plan, there are five questions you should address with your financial adviser. Together you will want to ensure you have a plan in place to mitigate the risks associated with one of your most important assets.

What other assets have you set aside to help fund your retirement? The recent economic recession has brought home the concerns about relying on your business alone to fund retirement. Just as your investments should be diversified, so should your assets. Though it may be difficult to do in a challenging business climate, business owners should save and accumulate retirement assets away from the business to make progress toward your retirement goals.

Have you considered whether your business is an asset you can sell? Whether or not you can find a buyer for your business depends on a variety of factors, including whether there are employees or partners who could continue to run the business after you retire or whether your business is the type to attract outside buyers. For example, companies that produce tangible goods and have positive cash flows can often be sold. On the other hand, specialty firms that rely on you and your skills alone, such as boutique consulting firms, are generally not salable. The truth is most businesses fall somewhere in between.


If you were to sell your business and pay the taxes on your gains, would the proceeds be enough to last for the rest of your life? It's important that you determine if you will need to derive a similar level of income in retirement that you now enjoy from your business. As a business owner, you likely work very hard and your dedicated efforts are an important ingredient to your business success. The investment returns from your growing business may well exceed the investment returns from a prudent investment portfolio. In the long run, however, the income derived from your valuable work ethic simply may not be replaceable. Business owners are often optimists by nature, and they take risks to grow their business. The risk of putting all your eggs in one basket may not work as well, however, when it comes time to build an investment portfolio.  

What happens if you cannot be involved in running your business? Stories abound about business owners who are struck down by illness, death or disability, leaving business partners and spouses to figure out what comes next. If more than one partner or shareholder is involved in your business, it is important to have a buy-sell agreement in place. A buy-sell is a written agreement between two or more owners of a business. If a triggering event occurs, one or more owners will have the right or obligation to buy the business interest from the owner who is obligated to sell. Triggering events often include the death, divorce, or disability of a partner or shareholder. The agreement may establish a funding mechanism to facilitate the purchase of an owner’s interest in such cases.

Do you have a plan in place that will allow you to retire regardless of a sale? The current business environment is a reminder that you may not be able to sell your business at the precise time you wish to sell. Planning for succession in a small business should be a top priority. Begin with the objectives you want to achieve, and talk through these concerns with your Financial Advisor. Together you can help to ensure that you have the plan, the capital, and the agreements in place to transition your business when the time is right or when life events require succession in your business.                                                                  

Wells Fargo Advisors does not render legal or tax advice.

This article was written by Wells Fargo Advisors and provided courtesy of Jonathan Buoni, Financial Advisor, in Springfield, MA at 413-755-1171. Investments in securities and insurance products are: Not FDIC-insured/not bank-guaranteed/may lose value. Wells Fargo Advisors LLC, Member SIPC, is a registered broker-dealer and a separate non-bank affiliate of Wells Fargo & Company. ©2013 Wells Fargo Advisors LLC. All rights reserved.

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Reps. Leigh Davis, Bud Williams Filing Legislation Honoring Freeman

SHEFFIELD, Mass. — State Reps. Leigh Davis of the 3rd Berkshire District and Bud L. Williams, of the 11th Hampden District, are filing legislation establishing Aug. 22 as Elizabeth Freeman Day of Equality, Healing, and Remembrance in the commonwealth.
 
The legislation would direct the governor to annually issue a proclamation recognizing the courageous contributions of Elizabeth Freeman, an enslaved Black woman known as Mum Bett, whose landmark freedom suit helped spark the legal end of slavery in Massachusetts.
 
"Elizabeth Freeman's story began here in the Berkshires, but its impact reached every corner of the commonwealth," said Davis. "More than two centuries later, her legacy continues to inspire us. Establishing Elizabeth Freeman Day will ensure that future generations learn not only about her extraordinary bravery, but also about the power of one person to change the course of history."
 
In 1781, Freeman, of Sheffield at the time, challenged the institution of slavery by filing suit against her enslaver, Col. John Ashley. In the landmark case Brom and Bett v. Ashley, a Berkshire County jury ruled in favor of Freeman and her fellow plaintiff, Brom, granting them their freedom. The case demonstrated the power of the Massachusetts Constitution's declaration that all people are born free and equal and helped pave the way for the Quock Walker decisions that ultimately ended slavery in the commonwealth. 
 
"Freeman's courage changed the course of history in Massachusetts," said Williams. "At a time when the odds were stacked against her, she stood up and demanded that the promises of liberty and equality contained in our Constitution apply to her as well. She risked everything to challenge an unjust system, and her victory helped lay the foundation for the end of slavery in our commonwealth. Her legacy deserves to be recognized and remembered by every resident of Massachusetts."
 
Although unable to read or write, Freeman understood the meaning of freedom and equality and took extraordinary action to secure those rights for herself and others. Her story remains one of the most powerful examples of individual courage in the face of injustice. 
 
Elizabeth Freeman Day will provide an opportunity for reflection, education, healing, and remembrance, said Williams. 
 
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