Whether you’re developing a new business or focusing on running a current one, you likely aren’t thinking about the time when you may not be running it anymore. However, business succession planning is a critical aspect of long-term business success. It primarily involves creating a plan and implementing measures to ensure the successful transfer of your business to another party when the time comes. Unfortunately, many business owners put off succession planning or do not plan properly, leading to difficulties and challenges during this transition. So why should you execute a business succession plan?

Why is a Business Plan Important to Business Success?

With proper planning and preparation, the transition of your business to another owner can ensure its continued success and a secure financial future. Curating an effective business succession plan typically involves creating a plan to minimise tax implications and maximise the economic benefits for the transferring and receiving parties. Here are a few reasons why a business plan is essential to ensure the continued success of your business:

  • A business succession plan will take into consideration and create strategies to deal with the likely risks or issues that may arise should the owner of a business leave due to illness, accident or death. This will ensure the seamless transfer of ownership and management and provide for as little disruption to the day-to-day operations of your business as possible.
  • Succession planning can protect the business’s value by ensuring that your business is transitioned in a way that maximises its value and protects it from future financial losses.
  • Succession planning can ensure employee stability. By having a clear plan for business succession, you can provide for employees to have as little disruption to their livelihoods as possible and maintain a strong internal relationship with workers.
  • Finally, succession planning helps to plan for dispute resolution. By clearly setting out the provisions for a business when a transition takes place, potential issues can be effectively managed and mitigated.

How do I know if I need a Business Plan?

Lord Commercial Lawyers strongly recommends seeking legal advice to execute a business succession plan if you own a business. Having a business succession plan in place is vital to enable the seamless transition of ownership of your business should it be required and ensure it is done in a way that protects the value of your business.

What are the Keys to Success in a Business Plan?

There are several steps you should take to ensure success in a business plan:

  1. Begin Early

From the moment your business is created, you should have a plan to protect it and its value. Ideally, succession planning should be undertaken several years before you plan to retire to provide space for any unpredictable circumstances that may require you to step away sooner.

 

  1. Clear goals and objectives

To ensure the most effective transition of your business from one party to the other, it is vital to execute a business plan that clearly outlines your intentions and goals for the business. This means establishing objectives for the transition of ownership, management, and control of your business.

 

  1. Legal planning

It is vital that your business succession plan is correct and legally sound to ensure it is effective. This means ensuring your plan complies with all relevant laws and regulations before execution.

 

  1. Flexibility

While having a solid and precise business succession plan is essential, it is also vital to prepare for the unpredictability of life. Having a flexible plan that can be adapted as circumstances change can help ensure the success of your business succession.

 

How Can I Create a Successful Business Plan?

Lord Commercial Lawyers strongly recommends seeking legal advice before executing a business succession plan. As commercial lawyers, we have the experience and expertise to ensure your plan is drafted successfully and in the best interests of you and your business.

Engaging legal advice when planning for business succession will ensure you are aware of and comply with all necessary laws and regulations and can assist with estate planning and structuring ownership and control of your business.

In addition, legal representation can provide an effective dispute-resolution process should any issues arise. Engaging legal representation will ensure the transition of your business is smooth and cost-effective and protects its value.

Contact Lord Commercial Lawyers Today

Are you looking to prepare and execute a business succession plan? Our team of experienced commercial lawyers in Melbourne have extensive experience in providing high-quality commercial law services. We consult face-to-face at our centrally located Melbourne office, over the phone, via teleconference or email.

Lord Commercial Lawyers is a contract law firm located at Level 10, 167 Queen Street, Melbourne. Contact us here at (03) 9600 0162 or email info@lordlaw.com.au.

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By Andrew Lord

Director
Andrew heads Lord Commercial Lawyers as Director and has been in the Legal Industry for over 40 years.

Updated on June 2, 2024

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