The following is reproduced from a previous issue of The Exit Planning Review™,   published by Business Enterprise Institute, Inc.

Eight Ways to Leave Your Business

 

According to Paul Simon, there are 50 ways to leave a lover. Not being as creative as Mr. Simon, we’ve only come up with eight ways for owners to leave their companies.

  • Transfer the company to a family member;
  • Sell the business to one or more key employees;
  • Sell to key employees using an Employee Stock Ownership Plan (ESOP);
  • Sell the business to one or more co-owners;
  • Sell to an outside third party;
  • Engage in an Initial Public Offering;
  • Retain ownership but become a passive owner; and
  • Liquidate.

Given the right circumstances, one of these paths may be the appropriate for you. The process of determining exactly which path is best may present an obstacle that many owners may choose to avoid. If, however, you wish to "leave your business in style," you should work through a three-step process of selecting your path. During this process you will synthesize or harmonize your exit objectives with the characteristics and capabilities of your company as well as with the external realities of the marketplace. Establishing thoughtful objectives is the first step of your Exit Plan. Doing so well in advance of your departure gives you and your advisors the time necessary to help make your goal a reality.

Choosing a Path
Step One. First, you, as an owner and with the help of your advisors, identify your most important objectives. (See issue 2 for more information.) These objectives are both financial ("How much money will I need from the transfer of the business to assure my and my family’s financial security?") and non-financial ("I want the company to stay in the family," or "I want to remain involved.").

Internal and external considerations impact an owner’s choice of exit path. For example, the owner who wishes to transfer the business for cash, but is unwilling to throw his company's and his employees' fates on an unknown third party, may decide that an ESOP or carefully-designed sale to his key employee group is the best exit route.

Exterior considerations that may impact the choice of exit path are: business, market or financial conditions. For example, the option of selling your business for cash to an outside buyer may be eliminated because of the anemic state of the M&A market.

Step Two. As you develop consistent objectives and motives, you then must value your company and determine its marketability. This analysis usually provides further direction and can eliminate potential exit paths.

For example, if the value of a company is high and its marketability is low (perhaps because of the depressed state of the M&A market), an owner may decide that a sale of the business to an outside party is impractical. Instead, selling to an "insider" (co-owner, family member or employee) may be a better option.

Step Three. The final step in choosing a path is to evaluate the tax consequences of various exit paths. This evaluation will include factors such as form of business entity as well as any changes that must be made. Again, if a sale to a third party would likely mean a sale of assets and the company is a "C" corporation, the adverse tax consequences indicate a sale via an ESOP might be an appropriate choice.

Using this three-step process, owners can help narrow the list of exit routes. If more than one route remains, owners and their advisors must conduct open and frank discussions based on realistic possibilities to determine which path to take and when. Make sure your Team of Advisors knows the pros and cons of each exit path.

Subsequent issues of The Exit Planning Review™ provide unbiased and advertising-free information about all aspects of Exit Planning. We have newsletter articles and detailed White Papers related to this and other Exit Planning topics. If you have any questions or want additional Exit Planning information, please contact us.


 

 

 



 

 



Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of: (i) avoiding tax-related penalties under the Internal Revenue Code or; (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

 

© Copyright 2011 Business Enterprise Institute, Inc. All Rights Reserved

 

To help get you started down the right path, we are pleased to extend a FREE offer to Business Owners in the Loveland / Fort Collins area, which you can download right from this site.

Our free Value Report will show you the gap between what your business could be worth vs where it is today.  And to help you set priorities for narrowing that gap, it will also show the five key areas where changes would add the greatest amount of value.