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Business Succession Planning

Business succession planning is the process of preparing a business to transfer its ownership and control. As a business owner, you can create a legacy by implementing mechanisms to ensure your business outlives you.

Ohio Small Business Succession Planning

Inevitably, a business owner will one day leave their business. Whether it is through retirement, disability, or death, there is no avoiding it. This does not have to mean that the business closes its doors. Instead, the business owner can engage in business succession planning to ensure their business continues to thrive even in their absence.
With business succession planning, a business owner can determine exactly what they would like to happen upon their exit from the business, whether that is passing the torch to a family member, selling the business to a competitor or to employees, or something else. Business succession planning can also help business owners have a plan when it is time to replace other key members of the business. With a clear business succession plan, business owners can establish clear criteria for succession, identify potential successors, and provide mentorship and coaching. This allows business owners to leave their business under the hand of trusted leadership, in good financial health, and prepared to continue successfully for years or even decades to come.
As with any strategic planning endeavor, effective business succession planning requires you to make informed decisions. No matter your vision, we are here to help you make sound decisions and create an ideal business succession plan to help ensure your company’s hard-earned legacy endures the test of time.

Our Services Include:

Business Valuation Assistance

We advise on business valuation methods and factors to consider. We work collaboratively to help you create detailed and customized valuation reports, considering your business’s unique circumstances and industry.

Ownership Transfer Structuring

We’ll formulate a transfer framework that is compliant with applicable law and regulations. Proper transfer structuring minimizes fees and taxes payable, ensuring the company retains as much profit as legally possible.

Tax Planning and Optimization

Our experience in taxation allows us to arrange your affairs by satisfying all state and federal government payments without losing all of your profits or risking costly non-compliance.

Estate Planning Integration

If your business forms part of an estate, our experienced team will help you with proper planning and integration. We provide guidance on wills, trusts, buy-sell agreements, and other critical aspects designed to promote tax efficiency and asset protection.

You own a business. We help you plan its future.

Call us today!

Critical Components of Succession Planning

Identifying and Grooming Successors

We’ll review the possible successors, evaluate them, weigh their pros and cons, and then advise you on the best person for the job. Once completed, we’ll help craft a comprehensive plan to get them moving full speed ahead on managing business affairs.

Ownership Transfer Methods

Choosing the most suitable method of transferring ownership of that business is a significant concern. We’ll review your business model vis a vis legal and regulatory requirements to determine the best methods of transferring ownership.

Management Transition Strategies

We partner with human relations professionals who will guide you on the best way to hire new management. Our approach maintains a professional cordiality with the former management so the business does not suffer adversely or halt during the transition.

Financial Considerations

Your business’ financial strength informs overall decision-making, letting new leadership know how the succession plan can meet all pending and upcoming needs.

Legal and Tax Implications

We remain focused on the business succession plan's tax-financial implications and general legal implications. Legal and tax requirements are complicated affairs that require professional guidance to navigate successfully.

Ohio Business Succession Planning Attorney

Secure the future of your business with succession planning. We are here to guide you through every step, ensuring a seamless transition. Don’t wait until it's too late—schedule your consultation today and protect your legacy.

Succession Transfer Options

You have a number of succession transfer options for your business succession plan.
1
Family Transfers

By structuring the succession to pass only to family members, you can keep the business within the family, compound generational wealth, and sustain the legacy.

2
Mergers or Acquisitions

This succession plan may combine two or more businesses in a merger or acquire a new business through an acquisition. This creates a stronger, more competitive entity with a higher market share. The downsides include the risk of loss of business identity and company culture.

3
Employee Stock Ownership Plans (ESOPs)

ESOP integrates employees as beneficial owners of the company. Employees become company owners based on the amount or value of their stock.

4
Third-Party Sales

You may sell the business to a non-affiliated external party, such as a private equity firm, competitor, or individual investor. Third-party sales can bring new energy to a business but may also adversely affect its culture, operations, or employee retention.

5
Management Buyouts (MBO)

A group of existing managers or members of a business's management team may pull resources to buy from the owner. This allows a smooth transition because they are familiar with the business.

Legal Considerations in Succession Planning

As a business owner, you must cover all legal bases while transferring your business to a succession plan.

Buy-Sell Agreements

An agreement between a buyer and a seller stipulates both sides’ covenants and terms. Common terms in a buy-sell agreement include ownership transfer and payment structures.

Shareholder Agreements

This is a contract among the shareholders of a company defining the extent of their rights, duties, and privileges. It typically provides profit sharing, ownership transfer, voting rights, and management control.

Estate and Gift Tax Planning

We consider the size of an estate with taxation to minimize potential tax liabilities during succession. We do this by including tax exemptions, creating trusts, and leveraging generation-skipping transfers.

Corporate Restructuring

Corporate restructuring is the blanket term for ways a business alters its existence. A company’s legal structure may change during this process, but we simplify ownership transfer for a seamless transition.

Intellectual Property Transfers

You must protect the intellectual property vested in certain products and allow the new management to use them without infringing on your rights. Intellectual property rights may include patents, trademarks, copyrights, and trade secrets.

Our Approach

Personalized Strategies

Business succession planning is not a one-size-fits-all activity, so we adopt a personalized, client-oriented approach by tailoring the strategy to each client's specific needs.

Collaborative Process

We partner with other professionals, such as banking, finance, and tax professionals, to develop smooth transition strategies while ensuring all considerations are accounted for.

Regular Plan Reviews

Business succession planning is not a one-time event. Your succession plan should be updated regularly to account for evolving circumstances. We always review and update the completed succession plans when major events occur.

Crisis Management Planning

We work closely with our clients in an attempt to identify emerging crises and prepare contingency plans to keep the business transition from suffering setbacks.

Ohio Business Succession Planning Attorney

A successful business may endure long after the passing of its founder. In order to make sure that your business will be in good hands for the generations to come, it's important to think through business succession planning. Contact Rhodium Law today for a free consultation today to discuss your business succession planning needs.

Why Choose Us?

1
Experienced

Our team is seasoned in business law with years of experience in complex transactions

.

2
Holistic Approach

Our firm takes a multi-dimensional view of each plan. We review and address potential issues from various domains to facilitate a smooth transition process.

3
Long-Term Partner

We recognize the value of repeated business, so we perform our work with the highest standards to earn your trust and maintain a long-term relationship with our clients.

4
Multidisciplinary Knowledge

Our team brings a diverse set of experience in related areas of law which come to bear in the business succession planning process.

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Rhodium Law, LLC is an estate plannning and elder law firm serving clients in Greater Cleveland and throughout the State of Ohio. We assist individuals and families to STRATEGIZE, SECURE their legacy, and help their golden years SHINE bright.
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