Exit Strategies for Family Businesses

It's Never Too Early (or Too Late)

Ask An Expert

SHOULD I HIRE A LAWYER OR A THERAPIST TO HELP ME TRANSITION MY BUSINESS?

More than once, clients have requested my help in resolving (or preventing) internal company conflict. I frequently recommend first bringing in a licensed therapist to help the parties reach initial consensus on their goals and identify areas of conflict. For example, a first generation owner may have the goal of preserving a legacy and providing ongoing income for the second generation. The second generation might rather use the proceeds from a sale to fund a new venture. Until the two parties reach consensus, the lawyer cannot put together an effective transition plan.

Why can’t a lawyer do it all? Lawyers must act with “zeal in advocacy upon the client’s behalf” and therapists must “respect the dignity and promote the welfare of clients.” The key difference in the two standards is how each professional approaches parties with diverging interests. Giving unnecessary ground to the other side may conflict with the zealous advocacy standard of a lawyer, but likely comports with promoting the overall welfare of a therapist’s client if reconciliation or maintaining a personal relationship is the goal. Lawyers are trained to negotiate the best outcome for their client. Therapists are trained to resolve conflict and bring the parties together, which sometimes means sacrifices on both sides.

Lawyers and therapists complement each other when working together. The lawyer can set the boundaries of what is possible from a legal perspective and the therapist can help the parties build consensus. The lawyer can document the initial agreement and point out “fuzzy areas” and potential pitfalls. The therapist and lawyer, working together with the clients, can resolve ambiguities and prevent future misunderstandings. The outcome should be a happy family and an airtight transition plan.

ROOTS: Insights for Growing Family Businesses

PLANNING EARLY TO EXIT

Considering potential exit strategies for a family business would ideally start as soon as possible, preferably during the business's early stages. That’s not to say it can’t change or owners can’t pivot, but creating a plan allows owners to make informed decisions, mitigate risks, and maximize value over the long term. Here are some suggestions of when and why it's important to start thinking about exit strategies:

  • During Business Planning: Exit strategies would ideally be incorporated into the initial business plan. Even though it may seem premature, having a clear understanding of how the business might eventually transition or be sold can inform key decisions early on, such as legal structure, growth strategies, and financial planning.

  • At the Time of Succession Planning: If the business is already established and family members are involved, exit strategies should be an integral part of succession planning. Identifying potential successors, grooming them for leadership roles, and establishing clear guidelines for ownership transition can take years of preparation.

  • During Major Milestones or Changes: Significant events such as changes in ownership, shifts in the market, or changes in the family's circumstances can prompt a reevaluation of exit strategies. It's essential to regularly review and update exit plans to ensure they remain relevant and aligned with the family's goals.

  • Before External Factors Impact the Business: Economic downturns, industry disruptions, or changes in regulations can significantly impact a family business's value and marketability. By considering exit strategies early, owners can better prepare for unforeseen challenges and position the business for a successful transition, regardless of external circumstances.

  • When Planning for Retirement or Other Life Events: Exit strategies become particularly relevant when family members approach retirement age or experience other life events that may necessitate changes in ownership or leadership. Having a well-defined exit plan in place can provide peace of mind and ensure a smooth transition for both the business and the family.

Starting to consider exit strategies early allows family business owners to feel secure as any number of factors may impact how they plan to leave the business. It also provides flexibility to adapt to changing circumstances and facilitates a smoother transition when the time comes to exit the business. 

TRIVIA

What is the primary reason owners give little to no attention to their business exits?

LEGACIES: Insights for Established Family Businesses

IT’S NEVER TOO LATE TO MAKE A PLAN

If you find yourself recognizing that an exit strategy for your family business might be closer on the horizon than you’d intended, don't worry—it's never too late to start. Here's a step-by-step guide to help you develop an exit strategy even if you think you may be behind schedule:

  • Assess Your Current Situation: Begin by conducting a comprehensive assessment of your family business. Evaluate its financial health, market position, operational strengths and weaknesses, and the level of involvement and readiness of family members.

  • Clarify Your Goals and Objectives: Determine what you hope to achieve through the exit strategy. Are you primarily seeking liquidity, preserving family harmony, ensuring continuity, or maximizing the business's value? Understanding your goals will help guide the planning process.

  • Seek Professional Guidance: Engage with experienced advisors such as financial planners, business valuators, attorneys, and accountants who specialize in family business transitions. They can provide valuable insights, identify potential obstacles, and help you develop a customized exit plan.

  • Assess Timing and Feasibility: Determine how much time you have to execute your exit strategy and whether it aligns with your financial and personal timelines. Assess the feasibility of each exit option based on factors such as market conditions, business valuation, and the availability of potential buyers or successors.

  • Develop a Transition Plan: Create a detailed transition plan that outlines the steps required to implement your chosen exit strategy. This may include tasks such as preparing the business for sale, addressing legal and tax considerations, transferring ownership and leadership responsibilities, and communicating with stakeholders.

  • Communicate Openly and Transparently: Involve key stakeholders, including family members, employees, customers, and suppliers, in the exit planning process. Communicate openly and transparently about your intentions, timeline, and expectations to minimize uncertainty and facilitate a smooth transition.

Remember that planning an exit strategy for a family business, even if you're late to the game, requires careful consideration, collaboration, and patience. By taking proactive steps and seeking professional guidance, you can navigate the transition successfully and achieve your desired outcomes.

Answer

According to the Exit Planning Institute, the primary reason owners give little to no attention to their business exits is they are “too busy growing my business to focus on exiting.”

UPCOMING EVENTS

TOPIC: EXIT STRATEGIES

June 13, 2024 | 5:30 -7:30 p.m. | Marietta Country Club

Join us for an insightful discussion where our panelists will share their experiences in exiting a business, including selling, transferring to the next generation, and implementing an employee stock ownership plan (ESOP). Gain valuable insights and practical advice to navigate the complexities of business succession. Even if exiting your business is not on your radar, having an idea of how you want to leave your legacy will help ensure a smooth transition while maximizing value and minimizing disruption.

TOPIC: WOMEN OF CHANGE

July 24, 2024 | 11:30 a.m. - 1:00 p.m. | Family Enterprise Center at KSU

How does change affect your family business and personal life? Claire Moon will kick start this first session of a three-part series that explores the mental and emotional aspects of going through change. Drawing from her expertise in leadership and management development, Claire offers a distinctive viewpoint, cultivated in part from growing up in and managing her family's business.

Registration coming soon! Email [email protected] to be added to the waitlist.

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