By Thien Ly
Many business owners/shareholders rely on their company to provide family income, personal financial security and a legacy for their next generation. If these business owners, active in the management of their business or corporations, should become very ill, disabled, or die, management is suddenly disrupted, adversely affecting the business. Financial loss may occur and a reorganization of management is inevitable. The remaining business partners/shareholders are often faced with four options:
- Reorganize to include heirs in the business: Disadvantages could include inexperience, incompatibility and lack of management ability.
- Reorganize to include an outsider: May lack the skills and experience or bring conflicting management ideas to the business.
- Sell out to heirs: Agreement between all on a fair price may be difficult to achieve.
- Buy out to heirs: Cash to purchase their shares may not be readily available.
A better solution exists, that would first guarantee heirs the full value of their shares in cash and guarantee the surviving partners/shareholders full ownership of the business. It’s a simple solution:
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Shareholders/partners agree, by contract (buy-sell agreement), that:
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The shares from the business of any deceased or disabled owner will be purchased by and sold to surviving partners in the event of death, disability or illness.
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The price will be clearly set forth.
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The method of financing the purchase will be clearly defined from this agreement.
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Shareholders/owners will create a special fund through Business Life, Disability and Critical Illness Insurance that will:
- Provide sufficient cash when needed immediately and economically.
- Free operating capital for normal business requirements.
- Eliminate additional borrowing or invasion of personal resources.
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The advantages of Business Life, Disability and Illness Insurance:
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For surviving shareholders: Guarantees full and immediate ownership of the business.
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For the heirs: Guarantees full value of their interest in the business, in cash.
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For the business: Guarantees business continuity and strengthens its position with clients, creditors and competitors.
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Should a business partner/shareholders die, become disabled or diagnosed with a critical illness, there can be disruption with loss to both the business and the heirs, or there can be a smooth transfer of interests at fair value for both the surviving owners/shareholders and their heirs. The choice is yours. Which will it be?
About Thien Ly, EPC, RHU
Since early 2002, upon graduating from Business Accounting and Finance, I have been contracted as an independent Advisor at Sun Life Financial. I’ve been dedicated to helping families, business owners and companies achieve their lifetime financial goals by providing clear financial advice in accordance to their individual needs. There’s nothing more rewarding in my practice then having an opportunity to work with people who appreciate my guidance in achieving their financial goals. I hold a Life & Health Insurance Licence, Investment Funds Licence, Elder Planning Counselling Designation and Registered Health Underwriter Designation. I am continuing my education by working toward additional financial designations. I’ve been a member of the Million Dollar Round Table, which is represented with the top 1% of financial professionals worldwide. I’m married to my wonderful wife, Haly, and we have two children. I spend my spare time with my family, and also play different sports: tennis, badminton, soccer, golf and swimming. I also raise funds for the Kidney Foundation. You can contact me through www.sunlife.ca/thien.ly or call 416-992-5109.