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Roaring Success Part 5: Ensure Financial Stability Throughout the Transaction

Ensure Financial Stability Throughout the Transaction
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Kieran Wheeler

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For a family-owned business, the transition of ownership from one generation to the next is a critical step. This pivotal moment is not just about passing the reins of leadership but also represents a shift in the dynamics of the business and the family. A business in transition is at risk of losing its identity, culture, employees, and potentially its revenue pipeline if the customer base is strongly tied to the identity and personal brand of the founder. However, if managed with care and thoughtful decision-making, a business transition can weather the challenges and avoid the potentially fatal risks, while setting up the next generation for long-term strength and prosperity. This series will identify and discuss several legal and management tools to aid in the transition process, with an eye toward their impact on your business’s long-term success, financial stability, and legacy.

This article continues our series on the transition of ownership of family-owned businesses. Each article will focus on a different aspect of the business transition, resulting in a broad overview of the challenges commonly faced by business owners who leave their companies in the care of the next generation. We invite you to review the series in its entirety.

  1. Ensure Financial Stability Throughout the Transition

The transition of ownership in a business, especially in family-owned enterprises, can introduce significant financial vulnerabilities. Without careful planning, these vulnerabilities can create ripple effects that threaten the stability and health of the company. To mitigate these risks, it is essential for both current and future owners to address the potential financial challenges well in advance of a planned transition. It is important to establish financial transparency and continuity before, during, and after the transition.

This approach ensures that the business remains stable while setting the stage for long-term success.

One of the most critical elements of a successful ownership transition is financial transparency. Despite its importance, some owners may be hesitant to share the company’s financial records, viewing them as deeply personal or proprietary. However, withholding financial information can hinder the incoming leadership’s ability to make informed decisions. A transparent exchange of current and historical financial data, including balance sheets, income statements, and cash flow reports, equips successors with the information they need to maintain and grow the business. Opening the books well before the transition fosters trust between generations, provides a foundation for collaboration and confidence, and prepares the next generation for handling the nuts and bolts of the company. An external audit—conducted as a one-time event or on a recurring basis—can also reveal hidden liabilities, such as outstanding debts, unrecognized tax obligations, or outdated financial practices, that could jeopardize the transfer process.

Maintaining financial continuity during a transition is critical to sustaining cash flow and preserving the trust of employees, customers, and other stakeholders. Ownership changes often trigger financial obligations, such as the need to repay debt, meet tax liabilities, or address negative covenants tied to loans or contracts. Additionally, many family-owned businesses rely on the personal creditworthiness and relationships of the outgoing owner to secure financing or favorable terms with lenders. A change in leadership can disrupt these relationships, potentially limiting access to credit or other resources. To address this, businesses should proactively assess the impact of ownership changes on existing financial arrangements and explore alternative strategies, including transferring personal guarantees to the new owners or establishing independent lines of credit.

Both current and future owners must work together to ensure a smooth financial transition. This involves engaging legal, tax, and financial advisors to fully understand the transition’s potential impact on the business’s financial obligations, such as tax liabilities, debt repayment schedules, and loan covenants. Creating a contingency fund to cover unexpected expenses can provide an additional layer of protection during the transition period. Furthermore, it is important to reevaluate the company’s financial strategy during this transition and identify opportunities to strengthen its financial health, such as renegotiating supplier contracts, consolidating debt, or streamlining operations. These efforts ensure the business is better equipped to weather the disruptions caused by ownership change.

Why it Matters for Long-Term Success: The financial viability and the operational stability of a family-owned business are closely connected. Any issue with the business’s finances can quickly destabilize the new owners, and vice-versa. Similar to an arms-length transaction, the transfer of ownership of a family-owned business between family members must include a hard look at the way the business uses money, and how that access and use will be affected by the change. With careful planning, a business can ensure that the transition process becomes a springboard for future growth and a lasting legacy for the family.

ABOUT THE AUTHOR: Kieran B. Wheeler is a shareholder at Rapp & Krock, PC in the Business Transactions group advising clients on corporate governance matters as well as mergers and acquisitions and other business transactions.

DISCLAIMER

Rapp & Krock, PC presents the information in this article for general education purposes only. Although this article discusses legal issues, it is not legal advice. The law and the content of any linked website may have changed since this article was written, and Rapp & Krock, PC makes no warranty or guarantee about the continuing accuracy of the information presented. Use of this article does not create an attorney-client relationship, and Rapp & Krock, PC does not represent you unless and until we are expressly retained in writing.

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