Succession Planning for Family-Owned Businesses
in the San Francisco Bay Area
Fact: Approximately 90% of the 15 million businesses in the
United States are
owned and managed by families. These businesses account for much of the
gross
national product.
Fact: More than 150 of the Fortune 500 companies are actually
owned and managed by families.
Fact: More than two-thirds of family-owned businesses do not
make it to the next
generation.
Why You Need to Plan for the Future
The family-owned business is unique because of the blood relationship
among the members. This common bond often creates a competitive edge, which
manifests itself in a solid
sense of direction and purpose.
However, bringing the next generation of children or even siblings into
the family business can have disastrous consequences.
Petty disagreements regarding business decisions
and non-business decisions among new members and old members may lead
to distrust
and discord.
Instead of operating as a dynamic synergy, making the business
productive, the family
business becomes saddled with feuding camps.
This is one of the primary
reasons why the
average family-owned business only lasts for 24 years. Even worse, only
30% of family-owned businesses actually make it from the founding generation into the
next one.
The Myers Law Firm Can Help
In order to prevent such bleak outcomes for our clients, we offer
business and succession
planning services especially for those who own family businesses.
Many of the two out of three family businesses that do not make it to
the next generation
fail due to two key elements: (1) poor estate and tax planning; and (2)
profound changes
in the economy. We at The Myers Law Firm think this is a powerful piece
of information.
We would like to share our experience with solutions to the
business-succession hurdle
with our clients. We cannot control the economy but we can be proactive
with good estate and tax planning so that the family business can be passed to the
next generation.
What We Do
Among the issues we can help you address in a business plan include:
- Establishing proper management for the family business.
- Preventing future generations from treating the family business as a personal piggy
bank.
- Directly addressing potential marital problems so that the buy-sell
agreement keeps
ownership of the family-owned business in the family.
- Creating a succession plan so that children who are not actively
involved in the business do not hold an interest in it. Also, if more than one child holds an interest in the family business, then one should be designated as the sole decision maker and an extrajudicial procedure employed to address disputes.
- Providing for minority shareholder rights and remedies.
- Establishing a board of directors made up of family members.
- Establishing a requirement that shareholders hold meetings. This is to facilitate
communication so that conflicts among family members do not become destructive.
Contact Us to Start Creating Your Family Business Plan
Call us at (415) 896-1500 or submit an inquiry using our online form.
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