A guide for small business owners
Josiah is a 50% partner in an automotive repair business in Ole, Pennsylvania. The business has a team of five employees and last year had gross revenue of about $550,000. This year, the goal is to reach $800,000 in gross revenue. Josiah is looking to set up a contingency plan in case something happens to him or his partner.
Assessing the Situation
The business is structured as a Limited Liability Company (LLC). Josiah seeks legal counsel on business continuity planning, ensuring the company can operate seamlessly should unforeseen events befall him or his partner.
Legal Preparation
Hiring an Attorney
The first step is to hire an attorney. Josiah should have a budget of a maximum of $1,000 for this attorney. The attorney will draft two documents: a general partnership agreement and an LLC agreement with similar features.
Drafting Agreements
These agreements need to address the "D's": death, disability, drug use, default, disinterest, and divorce. For example, if one of the partners dies, the other partner should have the right to buy out the deceased partner's share at a predetermined price. If one of the partners becomes disabled and can no longer work in the business, there should be a provision for how that partner's share will be bought out.
Terms of the LLC can include restrictions on who can own stock in the event of divorce. For example, if one of the partners gets divorced, their spouse should not automatically become a 50% owner in the business.
Valuation and Buy-Sell Agreement
A buy-sell agreement is recommended. This agreement includes term life insurance for both partners. The amount of insurance should be enough to buy out each other's shares at a predetermined valuation.
A formula for valuing the company upon death should be included in the buy-sell agreement. A suggestion for this formula is four times net profit after all salaries are paid.
In the event of a partner's death, the other partner is required to use the life insurance payout to buy out the deceased partner's share at the agreed-upon valuation.
If the business owns property, a similar agreement should be made for its buyout in case of death or disability.
My own estate plan involves buying out real estate at 80% of appraisal value.
Financial Preparations
Life Insurance
Whole life insurance is discouraged because it is expensive and not necessary for most people. Instead, I recommend 20 or 30 year level term insurance from Zander Insurance Group.
This type of insurance provides coverage for a specific period (e.g., 20 or 30 years) and pays out only if you die during that time frame. It's much cheaper than whole life insurance and is sufficient for most people's needs.
Life Insurance Requirements
- Both partners need term life insurance policies on each other.
- The insurance amount should be sufficient to buy out each other's shares at an agreed-upon valuation.
- In case one partner dies, they are required to use their life insurance payout to buy out their deceased partner's share at that valuation.
Additional Considerations
Long-Term Disability Insurance
Long-term disability insurance is recommended but may be expensive for blue-collar workers like mechanics. This type of insurance can provide monthly support if one partner becomes unable to work due to illness or injury.
The LLC agreement should address what happens if a partner can no longer participate in the business due to disability.
Conclusion
Contingency planning is vital for any small business owner. By taking these precautions, Josiah can guarantee that his business remains successful, even if unforeseen circumstances affect him or his partner.