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The Seven Step Exit Planning Process™

Step Four - Ownership Transfers to Third Parties


Exit Planning Professional Role

  • Reconfirm owner’s objectives and timing.
  • Transition Planning Advisor Team, at least temporarily, to:
     • The Deal Team
          - Transaction Intermediaries
          - Deal Attorney
          - Audit CPA
     • Planning Advisor Team often returns after the transaction has closed.
  • Facilitate gathering of information and coordination of Deal Team.

Attorney Role

  • Tax analysis related to the proposed sale of company.
  • Legal due diligence.
  • Preparation and review of all transaction documents.
  • Negotiation of a definitive agreement.
  • Design and draft Sale Bonus plan for important employees.

OPPORTUNITY:
• Representation of owner/business in sale (generating fees of $30,000 to $150,000).
• Respond to post-closing indemnification claims.


CPA/Valuation Expert Role

  • Provide financial and tax analysis/advice on consequences of alternative structures for transaction.
  • Prepare 3-year audit or reviewed financial statements or other financial information as needed by buyer.
  • Review/negotiate owner's financial and tax representations and warranties.

OPPORTUNITY:
• Provide consultation and analysis. (Fees generally between $5,000 and $25,000.)
• Receive finder's fee from the transaction intermediary.
• Negotiate financial transaction terms (when there is no transaction intermediary).
• Value the business or defend proposed valuation.


Financial/Insurance Advisor Role

  • Participate in design and funding strategies for Sale Bonus plan.
  • Introduce owner to appropriate Transaction Intermediary (investment banker or business broker).
  • Determine whether owner's financial needs/Exit Objectives can be met by expected net sale proceeds.
  • Provide planning continuity support.

OPPORTUNITY:
• Invest sale proceeds.
• Receive finder's fee from transaction intermediary.
• Investment income on proceeds from sale.
• Re-examination of estate plan.
• Funding key employee Sale Bonus/Deferred Compensation.


Consultant Role

  • Participate in pre-sale positioning and preparation.
  • Assist in post-sale integration.

OPPORTUNITY:
• Continuity of representation.
• Receive finder's fee from transaction intermediary.
• Preserve long-term role as a trusted advisor.
• Receive referrals from other professionals involved in the deal.


To learn more about Setting an Owner's Exit Objectives, click here to attend a pre-recorded or live tour.

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"Exit Planning has allowed me to assist my clients in the preparation for sale and in their eventual exit. It has given me the tools and resources to help them think about Exit Planning differently. It has also given me an option and a methodology for my clients who come to me for investment banking services, but who cannot sell to a third party or do not want to sell to a third party."

— Kevin Short
Clayton Capital Partners
St. Louis, MO

 

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