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Sevices at Chuff and Kosierowski. Planning a Business's Line of Successors.Services by Chuff and Kosierowski, exceeding your expectations.
Chuff and Kosierowski, p.c. Attorneys at Law
Services at the law firm Chuff & Kosierowski

Services offered:

bullet Residential and Commercial
   Real Estate Transactions

bullet Land Use Issues

bullet Tax Assessment Appeals

bullet Civil Litigation

 

bullet Estate Planning

bullet Probate and Estate Administration

bullet Succession Planning

bullet Business and Corporate Law

Business Succession Planning

Business succession planning involves planning for the smooth continuation and success of a business which depends greatly on the availability of competent people. Be it profit or non-profit organization, one of the concerns is there may be no successor to drive it once the leader or key person leaves – either by choice or by circumstances. This concern has been repeatedly expressed in the papers by leaders from the private and government sector. It is people, or more aptly, the right people, that make things happen. But the music will stop one day! If the leader or key person does not retire (whether by old age, disability or choice) he will end his time of service when he dies. And when they do, problems often set in. The day after is often filled with chaos and uncertainty.

Whether family business or a big corporation the law firm Chuff and Kosierowski can help create the chain of succession for your business.

What is likely to happen to the organization when a key leader is eliminated without succession planning in place? Here are some things to expect. First, there would be either no able successor or where there is, the successor is often either unprepared to handle the heavy responsibilities placed upon them or he/she simply does not have the ability to manage the organization in the way it used to be. Whatever the case may turn out to be, the situation can be dire for the organization. Profit may be lost. Business can become untenable to continue. In the case of the unplanned death of an owner, the remaining co-owners and the heirs may be embroiled in a relationship crisis that threatens to wreck the business.

In an unplanned situation, ineffective quick-fixed solutions are the only answers left. If no able successor can be found, a temporary replacement is often the only choice left, and the ultimate result may still be the downfall of the organization. It is difficult enough to run an organization with experience and ability. Without the requisite qualities in the new leader, the rot of the organization is almost likely to set in immediately; unless it is lucky to have a replacement who happens to be suitable and motivated. If not, an unmotivated successor is equally bad news for the set-up. Without the drive, the organization will stay stagnant and more than likely, to slide.

Without succession planning, a business that has become successful can just as easily fall. The business grows because there is a leader (probably the owner) with experience, drive and ability. Without proper succession planning, the future success of the business is left to chance once that leader is gone. Under such a circumstance, if it succeeds at all, it is by default rather than planned. That is not all. The passing of the baton from one generation to the next is often clouded by the stakeholders’ differing views and agendas. Without proper planning, the clashes of views and agendas can pull the business in several directions and this may wreck an otherwise viable business.

With so much at stake, business succession planning has to be a priority and should be part of every business planning. There are two main options available to business succession planning, which are:

1. Retention Planning: Retention of the business within the family circle; and

2. Buy-sell Planning: Selling of the establishment to other business owners or key employees or interested outsiders.
It is a norm in many parts of Asia that succession planning is a sensitive issue to discuss amongst partners or shareholders. This is despite the fact that a successful transition minimizes disruption, ensures continuous profitability and guarantee satisfactory returns to the partners and shareholders.

TODAY… Good joint management and effort among business shareholders have built a successful and profitable business. The business shareholder and his family enjoy a comfortable livelihood and good lifestyle.

TOMORROW… Suddenly, unexpectedly, a key shareholder dies and the business is disrupted instantly. What will be the outcome of the shareholders' business interest and his family's livelihood and lifestyle?

FUTURE… The surviving shareholder and the deceased shareholder’s family face a critical decision. What are the options available to the surviving shareholders and the deceased shareholder’s family?

What are the options available AFTER the event has happened?

bullet The heirs become active in the business - Do they have the experience, skills and expertise to manage the business and be
    an asset to the company?

bullet The deceased’s share is sold to an outsider. The heirs keep their share as inactive shareholders — Can the surviving
    shareholders accept this arrangement with the extra input of effort and yet share equally in the profits?

bullet The deceased shareholder’s share is sold to surviving shareholders — Will the surviving shareholders be able to raise the
    necessary cash for this transaction?

An IDEAL SOLUTION for all concerned could be… (action plan)

Proper business continuation and succession planning can help prevent a business from being frozen and discontinued. It also helps avoid conflict among family member and between heirs and surviving owners.