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Welcome: Site Map: Adviser Updates: Publications and Documents:
Business Succession Planning: Need for Asset or Buy/Sell Strategy Need for Liability or Key Person Strategy
Simple Succession Plan:
Complete Succession Plan:
One Page Strategy: Simplifying the Valuation Issue
Multiple Policy Approach:
One Page, Two Policy Strategy:
Other Issues:
Sole Proprietors and Families: Third Party Buy/Sell Strategies |
A Simple Succession Plan
Purpose of a Simple Succession Plan A Simple Succession Plan tends to focus primarily or exclusively on:
Asset Strategy In contrast to a Complete Succession Plan, a Simple Succession Plan tends to focus primarily or exclusively on your Asset Strategy. Click here to read about the nature of a Complete Succession Plan and how it differs from a Simple Succession Plan.
The Need for an Asset (or Buy/Sell) Strategy Click here to read about the need for an Asset (or Buy/Sell) Strategy.
Legal Conveyancing or Sale Agreements The need to structure the legal arrangements with respect to the Insurance Cover resulted in Lawyers preparing Conveyancing or Sale Agreements that might or might not be triggered by the occurrence of an Insured Event in the future. These Agreements needed to address the relatively sophisticated tax implications with respect to Insurance Proceeds that are discussed here. As a result, Lawyers eventually adopted the practice of preparing dedicated "Buy/Sell Agreements", in addition to any Proprietors Agreements (such as Partnership or Shareholders Agreements) that the Proprietors might have had.
Buy/Sell Agreements When the Business Succession Agreement focusses primarily on the Succession Plan (i.e., the Asset or Buy/Sell Strategy) for Insured Events, it tends to be called a "Buy/Sell Agreement". Many Buy/Sell Agreements fail to deal with other Succession Planning issues like:
These are dealt with in a Complete Succession Plan and the Business Succession Agreement that documents a Complete Succession Plan. However, sometimes for business or personal reasons, a Business might prefer to document a Simple Succession Plan. Click here to read about Buy/Sell or Business Succession Agreements.
Self-Ownership Buy/Sell Agreements Most Lawyers (other than Clover Law) use Self-Ownership Buy/Sell Agreements and recommend that the Buy/Sell Cover be owned by the relevant Life Insured personally. Click here to read more about Self-Ownership Buy/Sell or Business Succession Agreements.
Standard Clover Law Self-Ownership Business Succession Agreement Click here to learn more about the standard Clover Law Self-Ownership Business Succession Agreement used for a Simple Succession Plan. This is a more traditional Buy/Sell Agreement which deals only with the Buy/Sell or Equity Insurance Cover. However, unlike most other Buy/Sell Agreements, it includes succession strategies for retirement and events other than Insurable Events. Clover Law usually prepares this type of Agreement where:
Ownership of Equity by Life Insured By definition, Self-Ownership must pay the Purchase Price to the Life Insured or their Estate. Therefore, preferably, each Life Insured should own the Equity in the Business in their own name (rather than in the name of a Related Party). Clover Law normally uses a Business Insurance Trust Agreement, if any of the Equity is owned by a party other than the Life Insured (i.e., a Related Party Vendor such as a spouse, Family Company or Family Trust).
Equity vs Loan Capital Many Clients and Advisers misunderstand the difference between Equity Capital and Loan Capital when they design a Succession Plan. If a Proprietor has both Equity and a Loan Account, it is important that their Succession Plan facilitates both:
A proper understanding of the difference is required in order to structure an effective Succession Plan. In effect, their Succession Plan needs both:
The Liability Strategy involves different legal, commercial and insurance considerations to an Asset or Buy/Sell Strategy. A Complete Succession Plan is designed to address these considerations cost- and tax-effectively. Please click here to read about the difference between the two interests and the implications for the design of a Succession Plan.
A "Complete Succession Plan" Click here to read about the nature of a Complete Succession Plan and how it differs from a Simple Succession Plan.
Sole Proprietors and Family Businesses The Succession Planning Strategies on this web site are most relevant to Multiple Proprietor Businesses in which there are arms-length Proprietors or Owners. However, they can also be relevant to Sole Proprietor and Family Businesses. Click here for strategies for Sole Proprietors and Family Businesses.
The Four Planning Issues Set out on the following pages is an overview of four basic planning issues that help understand and design a Complete Succession Plan:
Where to Start Issue 1 is a good starting point to understand the unique benefits of a Complete Succession Plan and how it differs from other approaches to Succession Planning.
Free 20 Minute Teleconference If a Client is uncertain whether to attend a Client Meeting or use the Clover Law Documentation Service, Clover Law offers a free teleconference (of up to 20 minutes) with the Client to explain the purpose and benefits of a Complete Succession Plan and the "One Page, One Policy Strategy".
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Adviser Tip A Complete Succession Plan is not just about Death, it's not just about Insurance and it's not just about selling your Equity.
Please contact us to arrange a meeting or teleconference.
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