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As a business owner, you know what it’s like to lie awake at 2 a.m. Maybe it has happened when you are excited and full of new ideas for your business. More often, it’s because you are worried about issues you will face the next day. Sometimes, it’s because you just woke up with the solution to a problem. I’ve experienced all those emotions about my businesses over the years. Awake at 2 o’clock? is where I share them with you, and hopefully help with answers that will let you sleep.
John F. Dini, CExP, CEPA
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Small business owners are the Hunters of the 21st century. We are 3% of the US population, and yet we create over half of all American jobs. As Hunters, we may not be inclined to manage by the numbers or stick to systems. Are you a Hunter or a Farmer?
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How prepared are you to exit your company?
The Assessment breaks down the four major categories of exit readiness; Finance, Planning, Operations and Revenue/Profit.
Tag Archives: selling a business
3 Responses to Selling Your Business in a Buyer’s Market
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Does Investment Capital Make Sense for Your Business?
In the business acquisition world, deals where a seller keeps some equity for a future round of merger or acquisition activity is generally known as getting a “second bite of the apple.” Private Equity Groups (PEG), of which some 5,000 currently operate … Continue reading
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The Luxury of No Resources
Among the Baby Boomer business owners who are beginning to plan their retirement, there are millions who founded the companies they plan to sell. Many of these were technicians when they started. They began as employees, and then used their … Continue reading
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7 Responses to Key Man Policies May Not Cover a Buy/Sell Agreement
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John
Another “Wide Awake Article” – To be advised is to be prepares, and you continually do that.
Always look forward to the next !!!
Thank you
Frank
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John,
Agreement that key-man insurance policies should be separate from buy/sell – ownership agreements. Having lived through the unexpected loss of two employees, I would encourage small businesses to look beyond ownership when considering key man insurance as part of their disaster planning process.
Brad
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Another type insurance to consider is whole life purchased using Section 79 Insurance.
Allows the company to pay for the insurance ( deduction to the company) owner pays tax on only part of cost, however beneficiary is the stock holders estate ( or wife) .
Company pays for policy , stockholder owns and benefits from it directly.
Can tied funding this to some part of stock valve in the future. -
John- My 43 years in the life business has taken me into many areas of practice. The usual KEY MAN POLICY is usually designed for one purpose only.It is to cover the loss of a “Key Man” such as a top salesman that brings in more than 50% of the companies business or an engineer or project manager that a company could not operate or complete a job if they should die. Buy and Sell agreements are usually to cover owners , partnerships or corporations for death or long term disabilities to owners or stock share holders to keep the business from imploding or having to deal with non producing spouses or minor corporate owners.All these plans should be drawn up by a law firm that is experienced in Business Law! not Legal zoom! The last thing is making sure that the agreements are funded with the proper products to meet the contracts specifications in the B&S agreement. I would shy away from Sec 79 plans in funding these agreements and look at the latest IRS rulings on SEC 79 use in business insurance? Comments Welcome! RICH FREELAND CBC
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A key man insurance policy is different from a buy sell insurance policy. You hit the nail on the head. The purposes are different.
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The trick is to get the business owner to planning table. In my 34 years of selling life insurance and disability insurance there is a significant resistance by small business owners to approach the topic. The vast majority of small business owners do not have these plans in place. It is even more critical for family businesses. I completed a large plan for a family business in 2004, the business was started in 1946. Good luck to all the life insurance purveyors out there. It’s a mine field.
Great blog of course! I am a Baby Boomer and fortunately and unfortunately I started my business 5 years ago, taught myself and like some of us “I have a unique chocolate business” that I am finding out non too soon that 1) I am my own worst enemy because I designed my company to fit only me 2) like John said, I cannot find someone interested in buying my company because they don’t want to work as hard, spend 24/7 building the business etc. I know I am not alone and for me this again is a real nightmare wake-up call. However, I still am very excited in steering the company in a different direction in the next 5 years hopefully and like a lot of business owners, I will be able to sell the company or the equipment to the highest(?) bidder. Thanks for the great blogs!!
Cathy, remember the traits of an entrepreneur (conveniently described in my book, “Hunting in a Farmer’s World”). You already know how to be a tenacious problem solver, as evidenced by the fact that you made it for five years- typically the litmus test for a viable business. You have lots of SEO exposure on Google, although I’m not sure that Etsy is your best sales outlet option. Focus on adding sales opportunities that don’t require your personal involvement. Your product is obviously well received, now its just a matter of making the top of the funnel wider.
Your article is one of the most realistic on the topic. Hopefully buyers and sellers (and their advisors) are paying attention.