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Business Succession Lawyer Ogden Utah

Business Succession Lawyer Ogden Utah

Business Succession Lawyer Ogden Utah

Business succession planning is an important part of any business’s long-term success. It is a way to ensure that a business will continue to operate, even after the owner retires, or in the event of death or disability. The process of planning involves a number of steps, including the selection of a successor, the transfer of ownership, and the establishment of a legal framework for the continued operation of the business. An experienced business succession lawyer in Ogden, Utah can help business owners through the process and ensure that their business is protected and able to continue to thrive.

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Business succession planning involves a number of legal considerations, including the selection of a successor, the transfer of ownership, and the establishment of a legal framework for the continued operation of the business. The process typically begins with the selection of a successor. This can be a family member, a partner, or a key employee. The succession plan must be documented and signed by all parties and must be approved by the state of Utah. Once the successor is chosen, the transfer of ownership must be completed and the legal framework established.

Once the succession plan is in place, the business succession lawyer in Ogden, Utah will help the business owner to create a plan for the ongoing operation of the business. This will include the creation of a partnership agreement, the establishment of a buy-sell agreement, and the implementation of a key employee retention plan. The lawyer will also help the business owner to review the estate planning documents, such as wills, trusts, and other legal documents, to ensure that the business assets will be managed according to the wishes of the business owner.

The business succession lawyer in Ogden, Utah will also be responsible for keeping the business up to date with the changing laws and regulations in the state. This includes providing legal advice to the business owner on matters such as tax issues, labor laws, and other issues that may affect the operation of the business. The lawyer will also act as a mediator between the business owner and the state of Utah, if disputes arise.

The business succession lawyer in Ogden, Utah will also provide legal services for the business in the event of death or disability of the business owner. This includes preparing the necessary paperwork for the transfer of ownership and ensuring that the estate is properly distributed to the heirs or beneficiaries. The lawyer will also handle the filing of probate documents, the payment of estate taxes, and the distribution of assets.

Finally, the business succession lawyer in Ogden, Utah will provide legal advice to the business owner on other matters related to the business. This includes providing advice on the formation of a partnership agreement, the negotiation of a buy-sell agreement, and other legal matters. The lawyer will also act as a resource to the business owner in case of any disputes or legal issues that may arise.

Business succession planning is a complex process, and it is important that business owners work with an experienced business succession lawyer in Ogden, Utah. An experienced lawyer can provide the necessary legal advice and expertise to ensure that the business is protected and will continue to thrive for years to come.

Business Advice

The reason you should care about the business advice other successful entrepreneurs have to share with you… is that their experiences and words of wisdom may just come in handy one day. They have created products and services we’ve all heard of, turned entire industries upside down, redefined what it means to be successful when you start a business and many have also written business books or taught online business courses about it. Suffice it to say, their business advice is worth its weight in gold.

Not surprisingly, many of these entrepreneurs had very similar pieces of business advice to share, based on what has worked for them when it comes to learning how to grow a business.

Here are some actual advices:
 Never forget that your business needs to take in more money than it spends. I know that sounds too simple, but so many people lose sight of that. That’s also why so many first-time entrepreneurs over-invest (or spend so much of their time looking for investors) early on. “Create solutions that cost little to no money & always spend less than you make.” Instead, work to come up with a creative solution that costs little to no money. That forced discipline will help you spend less than you make, even when you’re not making a lot. Sometimes capital is necessary, but at some point there must be return on that capital. There’s nothing wrong with taking equity investment, investing for the future, even losing money for a few years. But your plan has to get you back to that simple equation of making more than you spend.
 Entrepreneurs make over-estimating the novelty of their big idea. “Don’t over-estimate the novelty of your big idea. Wait for a truly great one.” It takes so much time and effort to go all-in on a business idea, you might as well wait for a truly great one.
 Probably another costly mistake many entrepreneurs make is in choosing the people that they work with or hire, it’s a mistake that has been seen over and over again. “Work with people on projects before handing over equity or large sums of money.” The way we have gotten around that is to always work with somebody on a project before we start handing over significant equity stakes or large sums of money. If the trial project goes well, then talk about expanding the scope of the relationship ‘a bad hire in the first few employees can be detrimental to a startup.’
 Another mistake first-time (or inexperienced) entrepreneurs make is that they see others in their industry or blog niche as competition. This can significantly hold you back, as you may never learn industry secrets and tips, make genuine friends, and more. “Don’t view others in your niche as competition. Network and build relationships.” See others in your industry or niche as colleagues and friends. You should network with others, attend conferences, reach out to people, and more.
 Across the board, another mistake first-time entrepreneurs make is placing too much focus on building product versus learning from users. There usually isn’t much risk in building software, but there’s a lot of risk in bringing a new product to market. “Take time to learn how your users actually behave with your product.” A few ways to solve this include: constantly talking to users, building an audience while or before you build and taking time to learn how users actually behave with your product. Not easy, but if you can really understand which type of user you want to optimize toward, you will increase your odds of finding an initial wedge in the market.
 Most people, particularly those with their first project is striving for perfection over getting it done. Weeks turn into months, months into years. As a result, whatever they are trying to launch isn’t out there gaining traction in the marketplace because of the fear of being perfect. “Go out and break shit, it’s better to ask for forgiveness than permission when you start a business.” The only way your project, your business idea or whatever is in your mind is going to become better, is by having people use it in the real-world.
 New entrepreneurs make the mistake of not putting themselves out there. If you want to succeed as an entrepreneur, you need to show others what you are doing. “Put yourself out there and show others what you’re working on.” Instead of praying an audience (or customers) will find you, get in front of people in your space. Start a blog, podcast or create video content. Take advantage of social media. Attend in-person events. One way to make “putting yourself out there” easier is by making an effort to help others. (Sounds counterintuitive, right!) On the individual level, maybe it’s by making an introduction. For a larger audience, perhaps it’s by pursuing and executing on actionable blog post ideas. However, by being helpful you will make a lasting impression.
 First-time entrepreneurs mostly try to invent something totally new because their ego tells them they have to. “Don’t invent something new. Copy what works and make tweaks to push over the top.” It is much smarter to copy a competitor you like, then tweak one or two things that you think will put you over the top.
 Trying to start a company for years and still making the mistake planning too far ahead. Many new entrepreneurs are stuck on this idea of what the company could be five years from now. They are trying to make the five year version of the company happen tomorrow. “Focus on the next step and don’t try to make your 5yr vision happen tomorrow.” What they need to realize is that if you have no customers, the next milestone is one customer. A very powerful tactic to overcome this is to help young entrepreneurs focus on building on momentum. That means focusing on the next step and trusting that those first few steps will build to the speed and impact you want.
 Avoid being a single founder. Creating a company is hard work, most startups fail. The one characteristic you need above all others is resilience. You need to be relentless and work harder than the competition, and even then you will have tough times. It is for this reason that it is advisable to start companies with more than one founder. It means there is someone to share the load, to reflect and to support each other. “Want to be successful in business? Avoid being a single founder.” It is not impossible to be a single founder but it is easier to be resilient and successful as a team.”
 First-time entrepreneurs almost always focus too much on non-differentiating work. Work that doesn’t make a difference in their business. Work that definitely doesn’t increase revenue. “Without a focus on doing work that makes a difference, your business is just a hobby.” A few simple examples: Redesigning your logo or website a dozen times in hopes of finding that perfect blog layout, setting up every social media account possible, trying to stay on top of said social media. And the list goes on. Instead, focus on revenue. Do the tasks that will increase revenue and reduce costs. Without a focus on that, your business is just a hobby. In order to even consider doing work that makes a difference, you need to build and leverage your entrepreneurial strength every day.
 If your freelance client won’t agree to a 50% deposit, they’re not worth working with. To prevent disasters like this, take a 50% upfront payment before you even start, then taking the final 50% before any final files are provided. Any client not willing to work this way is unlikely to ever pay and should be avoided. I also strongly advise freelancers to have a written freelance contract, signed by the client, detailing what’s been agreed upon and what will happen in various different circumstances. This will give you ammo should your client be unreasonable, and will also add a level of professionalism and credibility to your service.
 There’s one incredibly painful mistake that new entrepreneurs make. It’s painful because it keeps them from success. They feel like they’re working hard, but not making any progress. The mistake? Trying to do too many things at once. “Focus on just one project & strategy at a time, you’re more likely to succeed.” Focus, by definition, means narrowing your field of vision and attention. It means choosing which opportunities, projects, and even customers you are NOT going to pursue. And it is really, really hard. Focus in on just ONE strategy, create an incredibly high-value virtual summit, and you would start to make serious progress in your business. “Choose the one thing that will move the needle for you and your business. When you try to be the best podcaster, blogger, author, business coach and event producer all at the same time, you end up being mediocre at all of them. Pick one (like learning how to master the art and science of cold emailing). Focus. And work it, hard.
One piece of bonus advice: As a newer business owner, one of the biggest ROI’s you will get is from investing in growing your email list. Whether you plan on offering a mastermind, writing books or producing online summits, you’ll need a powerful, engaged email list. Make that a focus from day one.

 The most painful mistake that first-time entrepreneurs make is they rely on their business idea too much. They are convinced that success in business is pre-determined by the awesomeness of their business idea alone. And they could not be more wrong. Execution is equally (if not more) important than the actual idea. Ideation is the easy and fun part and execution is the hard and tedious one. “Success in business is NOT pre-determined by the awesomeness of your idea.” That is why people would rather put faith in their ideas than invest countless hours of work towards making it happen.
 Most entrepreneurs launch before they learn. For example, you may decide you want to launch a marketing consulting company, so you hastily make a website, content and reach out to people, but you have not yet figured out who your target clientele is. What people actually need help with or what you are specifically good at. So no one bites. Or you could launch a new app, but you don’t know what sells well in the app store or how to promote it. So even though you have a great product, no one sees it. Or you decide to write a book but haven’t really spent time with the key concept (researching), talking to people—so your book proposal falls flat and feels generic. Publishers ignore it. “Learn before you launch. Take time to build your plan and be patient.” This common mistake could also be framed as an inspiration/perspiration problem. We’re so inspired by the end result that we forego the process — a lot of which is hard, un-fun work. In turn, we sacrifice the best possible outcome. And this is painful because the solution is retrospectively so obvious: patience. Take time with each new idea; flesh it out; design it fully; have a plan and not just hope.”
 First-time entrepreneurs are being deathly afraid that someone will steal their secret idea. “Spoiler alert for first-time entrepreneurs: Ideas are worthless.” It is the execution beyond the idea that really brings home the gold. So focus on getting out there and meeting as many folks as possible to join your team, give you feedback and point you in the right direction. Any successful entrepreneurial journey is the sum total of a rather large (and under-appreciated) team that came together in a magical way. Get cracking on building yours.
 First-time entrepreneurs don’t count the cost or figure out how they will actually make money ahead of time. Since entrepreneurs don’t create a business as a ‘charitable deed to mankind,’ they need to think about where their revenue and profit will be once the business scales. “If you want to succeed in business, count your costs and project revenue ahead of time.”
 New entrepreneurs bank on an idea that is not valuable to anyone with actual, real-world problems. “Spend time with people who are different than you, it will open your mind to different people and different problems, allowing you to connect the dots faster and make a real contribution to the world.
 Many first-time entrepreneurs do not follow the Customer Development Model (the Steve Blank school of thought). They won’t presell their product. They avoid surveying their market, meeting or calling people from their target audience before they pony up substantial money and time building a product. In other words, too often first-timers build a product behind closed doors and don’t get the feedback necessary to ensure they get buy in for their idea. As a result, they don’t reach product-market fit and end up building a product that fails or succeeds by mere chance, not by calculated steps. “Don’t build your product behind closed doors. Get feedback and validate your idea.” Avoid the common mistake of aiming to be the next Facebook. Achieve product-market fit by focusing on building one core feature better than the competition and make sure that feature solves a big pain point for your audience. Don’t get lost in creating a bunch of features off-the-bat.
Keep your first product extremely barebones. Get clear product validation from your target customer before you spend any time or money building a Minimum Viable Product (MVP). Start small. Invest more resources in product development as you generate enough operating income to cover your ongoing research and development expenses. Hold off on executing your product roadmap before you have enough consistent sales revenue to support that vision.
 Become your company’s best salesperson and marketer before hiring. One costly and painful mistake is hiring in marketing and sales too early. Things tend to go VERY wrong when a founder brings on board a senior sales or marketing person who is lacking entrepreneurial spirit and/or experience working in startups. Instead of hiring full-time, founders should seek out and consult with experienced marketers and sales veterans who work with startups on a daily basis for a fixed fee or company stock based on specific goals.” And remember, the fact that you can recite all the business slang, blogging terms or industry jargon that’s pervasive within your niche, does not automatically make you a good salesperson. Connect with your target customers and learn how to truly help them.

Business Succession Lawyer Ogden Utah Consultation

When you need an Ogden Utah business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
https://jeremyeveland.com

Areas We Serve

We serve businesses and business owners for succession planning in the following locations:

Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer St. George Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer Provo Utah

Business Succession Lawyer Sandy Utah

Business Succession Lawyer Orem Utah

Business Succession Lawyer Ogden Utah

Ogden, Utah“>Ogden, Utah

From Wikipedia, the free encyclopedia
 
 
Ogden, Utah
From top left to bottom right: Ogden High School, Weber State University Bell Tower, Peery's Egyptian Theater, Downtown, Gantry Sign, aerial view

From top left to bottom right: Ogden High SchoolWeber State University Bell Tower, Peery’s Egyptian Theater, Downtown, Gantry Sign, aerial view
Flag of Ogden, Utah

Nickname: 

Junction City
Motto: 

Still Untamed
Location in Weber County and the state of Utah

Location in Weber County and the state of Utah
Coordinates: 41°13′40″N 111°57′40″WCoordinates41°13′40″N 111°57′40″W
Country United States
State Utah
County Weber
Settled 1844
Incorporated February 6, 1851 (As Brownsville)
Named for Peter Skene Ogden[1]
Government

 
 • Type Council-Mayor
 • Mayor Mike Caldwell
Area

 • City 27.55 sq mi (71.35 km2)
 • Land 27.55 sq mi (71.35 km2)
 • Water 0.00 sq mi (0.01 km2)
Elevation

 
4,300 ft (1,310 m)
Population

 (2020)
 • City 87,321
 • Density 3,169.55/sq mi (1,223.84/km2)
 • Urban

 
608,857 (US: 69th)
 • Urban density 2,863.9/sq mi (1,105.8/km2)
 • Metro

 
694,863 (US: 83rd)
Demonym Ogdenite [3]
Time zone UTC−7 (MST)
 • Summer (DST) UTC−6 (MDT)
ZIP Codes
84201, 84244, 844xx
Area codes 385, 801
FIPS code 49-55980[4]
GNIS feature ID 1444049[5]
Website http://ogdencity.com/

Ogden /ˈɒɡdən/ is a city in and the county seat of Weber County,[6] Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 87,321 in 2020, according to the US Census Bureau, making it Utah’s eighth largest city.[7] The city served as a major railway hub through much of its history,[8] and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University.

Ogden is a principal city of the Ogden–Clearfield, Utah Metropolitan Statistical Area (MSA), which includes all of Weber, MorganDavis, and Box Elder counties. The 2010 Census placed the Metro population at 597,159.[9] In 2010, Forbes rated the Ogden-Clearfield MSA as the 6th best place to raise a family.[10] Ogden has had a sister city relationship to Hof in Germany since 1954. The current mayor is Mike Caldwell.

Ogden, Utah

About Ogden, Utah

Ogden is a city in and the county seat of Weber County, Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 87,321 in 2020, according to the US Census Bureau, making it Utah's eighth largest city. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University.

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Map of Ogden, Utah

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What Is Business Law and How Does It Affect Your Business

What Is Business Law and How Does It Affect Your Business?

What Is Business Law and How Does It Affect Your Business?

Business law in Utah is a body of law that governs the formation, operation, and dissolution of businesses in the state of Utah. This legal field encompasses a wide range of topics, including contract law, corporate law, and labor law. Utah business law also covers a variety of other areas, such as business licensing and taxation. This article will explore the history of business law in Utah, the various types of law related to business in Utah, and the impact of business law on businesses located in the state.

History of Business Law in Utah

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Business law in Utah has evolved over time, as the state has adapted to changing economic conditions and technological developments. Initially, the state’s legal framework was largely based on the English common law system. This system was adopted by the state’s original settlers, who were largely of English origin. Over time, the state developed its own set of business laws that incorporated elements of the English common law system.

Utah’s business laws were further developed in the late 19th century, when the state experienced a period of industrial growth. This period saw the passage of various laws that sought to provide protection for businesses, such as the formation of limited liability companies and the adoption of the Uniform Commercial Code (UCC). These laws remained largely unchanged until the mid-20th century, when the state began to recognize the importance of technology in the business world and began to pass laws that addressed the various issues that technology can create.

Types of Business Law in Utah

Business law in Utah covers a wide range of topics, including contract law, corporate law, labor law, and business licensing and finally business taxation. Bankruptcy law, Federal law and other laws can play a role for your business as well. For example, if you have a construction business, you’ll need a contractor’s license or if you’re a dentist, you’ll need a dental license, etc.

Contract Law

Contract law in Utah is governed by the state’s version of the UCC, which was adopted in 1973. This law governs the formation, performance, and termination of contracts between individuals and businesses. It also sets out the remedies that may be available in the event of a breach of contract. Contract law is an important part of the legal system in the state of Utah. It provides the framework for the enforcement of agreements between parties. This article has explored the various aspects of contract law in Utah, as well as the requirements for the formation and enforcement of contracts in the state. Additionally, this article has discussed the remedies available to parties in the event of a breach of contract.

Corporate Law

Corporate law in Utah is largely based on the state’s version of the Model Business Corporation Act (MBCA). This is codified as Utah Code 16-10a. This law governs the formation, operation, and dissolution of corporations in the state. It sets out the rights and obligations of corporate shareholders, directors, and officers, as well as the procedures for issuing shares and holding shareholder meetings.

Utah corporate laws are among some of the most well established in the nation. Companies that are established in Utah must adhere to the rules and regulations set forth by the state. These laws govern all aspects of running a business, from the capital structure to the fiduciary responsibilities of directors and shareholders. The Utah Business Corporation Act governs the formation and operation of corporations in the state, and outlines the rules for issuing shares and preferred stock, paying dividends, and winding up the company if necessary.

Under Utah corporate laws, a liquidator is appointed when a company is winding up and is responsible for settling the company’s debts and distributing assets. In the event of compulsory liquidation, the court appoints a liquidator who is responsible for overseeing the process. The liquidator also has the power to sue for the recovery of assets, and to bring legal action against anyone who has been found to be in breach of the company’s fiduciary duties.

Under Utah corporate laws, directors and shareholders are obligated to disclose any material non-public information, such as insider trading, they may have. Any breach of these obligations can result in a lawsuit. Furthermore, the capital structure of the company must adhere to the rules outlined in the Utah Business Corporation Act. This includes the payment of preferred dividends and the issuance of preference shares.

Utah corporate laws are studied extensively in law school, and the Law School Admission Test (LSAT) includes a section devoted to corporate law. Many Utah law schools have professors who specialize in corporate law, and those wishing to practice corporate law in Utah must have a thorough understanding of the state’s laws.

Labor Law

Labor law in Utah is governed by the state’s labor code, which sets out the rights and responsibilities of employers and employees. It is codified as Utah Code 34A-1-101 et seq. It also establishes minimum wage and overtime pay requirements, as well as workplace safety standards.

Business Licensing and Taxation

Businesses operating in Utah must obtain a business license from the state. The state also imposes various taxes on businesses, such as income tax, sales tax, and property tax.

Impact of Business Law in Utah on Businesses

Every business in Utah is affected by business laws. Business law in Utah has a significant impact on businesses operating in the state. The various laws related to business in Utah provide legal protection for businesses and ensure that they are able to operate in a safe and fair environment. The laws also provide guidance on how businesses should conduct themselves and help to ensure that businesses comply with all applicable laws and regulations.

Business law in Utah is governed by both state and federal laws. The state of Utah has its own laws and regulations that need to be followed by businesses operating in the state. Federal laws are also enforced in Utah, such as the Sherman Act and the Clayton Act, which are antitrust statutes that prohibit monopolies, price-fixing, and other trade practices that are considered anti-competitive.

The Fair Labor Standards Act (FLSA) is a federal law that sets standards for overtime pay, minimum wage, and other labor related issues. Businesses in Utah must adhere to the provisions of the FLSA, as well as the state of Utah’s own labor and employment laws.

The Federal Trade Commission (FTC) is responsible for enforcing antitrust statutes in the state of Utah. The FTC is charged with investigating and punishing companies that engage in colluding and other anti-competitive practices. The FTC also enforces the law against deceptive and misleading advertising.

Businesses in the Mountain West and Southwest regions of the United States and all along with Wasatch Front must be aware of the laws and regulations governing tip pools and tip sharing, as well as the requirements for registering an agent for service of process.

Any businesses operating in the state of Utah need to be aware of the federal and state laws governing their operations, including those related to antitrust, labor and employment, advertising, and registration of an agent for service of process. Failing to comply with these laws can result in heavy fines and other penalties.

Consultation With A Utah Business Lawyer

Business law in Utah is an important area of law that governs the formation, operation, and dissolution of businesses in the state. The various types of business law in Utah, such as contract law, corporate law, labor law, and business licensing and taxation, all play an important role in ensuring that businesses in the state are able to operate in a legal and fair environment. Business law in Utah also has a significant impact on businesses by providing them with legal protection and guidance on how to properly conduct their operations.

Utah Business Lawyer Free Consultation

When you need a Utah business attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
https://jeremyeveland.com

Areas We Serve

We serve businesses and business owners for succession planning in the following locations:

Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer St. George Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer Provo Utah

Business Succession Lawyer Sandy Utah

Business Succession Lawyer Orem Utah

Salt Lake City

From Wikipedia, the free encyclopedia
 
 
 

Salt Lake City, Utah
City of Salt Lake City[1]
Clockwise from top: The skyline in July 2011, Utah State Capitol, TRAX, Union Pacific Depot, the Block U, the City-County Building, and the Salt Lake Temple

Clockwise from top: The skyline in July 2011, Utah State CapitolTRAXUnion Pacific Depot, the Block U, the City-County Building, and the Salt Lake Temple
Nickname: 

“The Crossroads of the West”

 
Interactive map of Salt Lake City
Coordinates: 40°45′39″N 111°53′28″WCoordinates40°45′39″N 111°53′28″W
Country United States United States
State Utah
County Salt Lake
Platted 1857; 165 years ago[2]
Named for Great Salt Lake
Government

 
 • Type Strong Mayor–council
 • Mayor Erin Mendenhall (D)
Area

 • City 110.81 sq mi (286.99 km2)
 • Land 110.34 sq mi (285.77 km2)
 • Water 0.47 sq mi (1.22 km2)
Elevation

 
4,327 ft (1,288 m)
Population

 • City 200,133
 • Rank 122nd in the United States
1st in Utah
 • Density 1,797.52/sq mi (701.84/km2)
 • Urban

 
1,021,243 (US: 42nd)
 • Metro

 
1,257,936 (US: 47th)
 • CSA

 
2,606,548 (US: 22nd)
Demonym Salt Laker[5]
Time zone UTC−7 (Mountain)
 • Summer (DST) UTC−6
ZIP Codes
show

ZIP Codes[6]
Area codes 801, 385
FIPS code 49-67000[7]
GNIS feature ID 1454997[8]
Major airport Salt Lake City International Airport
Website Salt Lake City Government

Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, as well as the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020,[10] the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,606,548 (as of 2018 estimates),[11] making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin (the other being Reno, Nevada).

Salt Lake City was founded July 24, 1847, by early pioneer settlers, led by Brigham Young, who were seeking to escape persecution they had experienced while living farther east. The Mormon pioneers, as they would come to be known, entered a semi-arid valley and immediately began planning and building an extensive irrigation network which could feed the population and foster future growth. Salt Lake City’s street grid system is based on a standard compass grid plan, with the southeast corner of Temple Square (the area containing the Salt Lake Temple in downtown Salt Lake City) serving as the origin of the Salt Lake meridian. Owing to its proximity to the Great Salt Lake, the city was originally named Great Salt Lake City. In 1868, the word “Great” was dropped from the city’s name.[12]

Immigration of international members of The Church of Jesus Christ of Latter-day Saintsmining booms, and the construction of the first transcontinental railroad initially brought economic growth, and the city was nicknamed “The Crossroads of the West”. It was traversed by the Lincoln Highway, the first transcontinental highway, in 1913. Two major cross-country freeways, I-15 and I-80, now intersect in the city. The city also has a belt route, I-215.

Salt Lake City has developed a strong tourist industry based primarily on skiing and outdoor recreation. It hosted the 2002 Winter Olympics. It is known for its politically progressive and diverse culture, which stands at contrast with the rest of the state’s conservative leanings.[13] It is home to a significant LGBT community and hosts the annual Utah Pride Festival.[14] It is the industrial banking center of the United States.[15] Salt Lake City and the surrounding area are also the location of several institutions of higher education including the state’s flagship research school, the University of Utah. Sustained drought in Utah has more recently strained Salt Lake City’s water security and caused the Great Salt Lake level drop to record low levels,[16][17] and impacting the state’s economy, of which the Wasatch Front area anchored by Salt Lake City constitutes 80%.[18]

Salt Lake City, Utah

About Salt Lake City, Utah

Salt Lake City is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,746,164, making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin.

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Business Succession Lawyer Orem Utah

Business Succession Lawyer Orem Utah

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Business Succession Lawyer Orem Utah

Hiring Attorney Jeremy Eveland to draft a business succession plan in Orem, Utah is a wise decision for anyone looking for experienced legal counsel. With many years of experience in business law, Jeremy is well-versed in the nuances of business succession planning and has a deep understanding of the legal process. He works diligently with clients to ensure they understand their options and can make informed decisions. Jeremy has extensive experience in the Orem area and is a member of the Utah State Bar.

This article is part of business succession law, which is a subsection of business law.

When business disputes happen, he is an effective working with the mediator, and assisting parties to come to an agreement that meets their mutual needs. He is also a skilled litigator, having handled a variety of business cases in his career. He is committed to providing ethical and legal advice to the clients he serves.

Orem Utah Business Lawyer

For those looking for probate, estate planning, or estate administration lawyers, Jeremy is a solid choice. He is knowledgeable in the areas of estate planning, probate, and liability, and is experienced in creating partnership agreements, buy-sell agreements, and other documents related to business succession planning. He is well-versed in the tax implications of estate planning and can provide advice on how to minimize taxes and maximize estate value.

Business Formation Attorney Orem UT

Jeremy is also well-versed in the process of creating LLCs and other business entities. He can help clients draft the necessary paperwork, such as partnership agreements and operating agreements, to ensure the business is properly formed and all parties involved are properly protected. He can also provide legal advice on the ownership stakes of each business partner and the ownership interests of each party.

Jeremy is committed to providing the best legal services and solutions to his clients. He offers free consultations and is available to answer any questions clients might have. He is also available to discuss mediation, if necessary, to reach a settlement agreement between parties.

Utah Business Entity

When we talk about business entities, we are referring to the type or structure of a business as opposed to what the business does. How a business is structured affects how taxes are paid, liabilities are determined, and of course, paperwork. Business entities—organizations created by one or more people to carry on a trade—are usually created at the state level, often by filing documents with a state agency such as the Secretary of State.

Business entities are subject to taxation and must file a tax return.

For federal income tax purposes, some business entities are, by default, considered not to be separate from their owner. Such is the case with sole proprietors and single-member limited liability companies. The income and deductions related to these entities are normally reported on the same tax return as the owner of the business. The IRS calls these disregarded entities because it “disregards” the separate name and structure of the business. However, a disregarded entity can choose to be treated as if it were a separate entity. This is done by making an Entity Classification Election using Form 8832 and filing this form with the IRS. The purpose of this form is to choose a classification other than the default classification provided by federal tax laws.

Confusion Over Business and tax Terms

Distinguishing between the actual organizational structure created under state law and the tax classification can cause confusion, especially if the same words are used for both concepts. Colloquially, when accountants talk about “entities” or “entity returns,” they are referring to tax returns other than for individual people.
In simplest terms, a business entity is an organization created by an individual or individuals to conduct business, engage in a trade, or partake in similar activities. There are various types of business entities—sole proprietorship, partnership, LLC, corporation, etc.—and a business’s entity type dictates both the structure of that organization and how that company is taxed.

When starting a business, one of the first things you want to do is choose the structure of your company—in other words, choose a business entity type. This decision will have important legal and financial implications for your business. The amount of taxes you have to pay depends on your business entity choice, as does the ease with which you can get a small business loan or raise money from investors. Plus, if someone sues your business, your business entity structure determines your risk exposure. State governments in the U.S. recognize more than a dozen different types of business entities, but the average small business owner chooses between these six: sole proprietorship, general partnership, limited partnership (LP), limited liability company (LLC), C-corporation, and S-corporation.

Business Succession Lawyer Free Consultation

When you need a business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

Areas We Serve

We serve businesses and business owners for succession planning in the following locations:

Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer St. George Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer Provo Utah

Business Succession Lawyer Sandy Utah

Business Succession Lawyer Orem Utah

Types of Business Entities in Utah

As we mentioned above, at a very basic level, a business entity simply means an organization that has been formed to conduct business. However, the type of entity you choose for your business determines how your company is structured and taxed. For example, by definition, a sole proprietorship must be owned and operated by a single owner. If your business entity type is a partnership, on the other hand, this means there are two or more owners. Similarly, if you establish a business as a sole proprietorship, this means for tax purposes, you’re a pass-through entity (the taxes are passed onto the business owner). Conversely, if you establish your business as a corporation, this means the business exists separately from its owners, and therefore, pays separate taxes. Generally, to actually establish your business’s entity structure, you’ll register in the state where your business is located. With all of this in mind, the chart below summarizes the various entity types business owners can choose from:

Business Entity Type

• Sole proprietorship: Unincorporated business with one owner or jointly owned by a married couple
• General partnership: Unincorporated business with two or more owners
• Limited partnership: Registered business composed of active, general partners and passive, limited partners
• Limited liability partnership: Partnership structure that shields all partners from personal liability
• Limited liability limited partnership: Type of limited partnership with some liability protection for general partners
• Limited liability company (LLC): Registered business with limited liability for all members
• Professional limited liability company: LLC structure for professionals, such as doctors and accountants
• C-corporation: Incorporated business composed of shareholders, directors, and officers
• S-corporation: Incorporated business that is taxed as a pass-through entity
• Professional corporation: Corporate structure for professionals, such as doctors and accountants
• B-corporation: For-profit corporation that is certified for meeting social and environmental standards
• Nonprofit: Corporation formed primarily to benefit the public interest rather than earn a profit
• Estate: Separate legal entity created to distribute an individual’s property after death
• Municipality: Corporate status given to a city or town
• Cooperative: Private organization owned and controlled by a group of individuals for their own benefit

As you can see, there are numerous types of business entities; however, most business owners will choose from the six most common options: sole proprietorship, general partnership, limited partnership, LLC, C-corporation, or S-corporation. Below, we’ve explained each of these popular business entity types, as well as the pros and cons of choosing each particular structure for your company.

Sole Proprietorship

A sole proprietorship is the simplest business entity, with one person (or a married couple) as the sole owner and operator of the business. If you launch a new business and are the only owner, you are automatically a sole proprietorship under the law. There’s no need to register a sole proprietorship with the state, though you might need local business licenses or permits depending on your industry. Freelancers, consultants, and other service professionals commonly work as sole proprietors, but it’s also a viable option for more established businesses, such as retail stores, with one person at the helm.

Pros of Sole Proprietorship

• Easy to start (no need to register your business with the state).
• No corporate formalities or paperwork requirements, such as meeting minutes, bylaws, etc.
• You can deduct most business losses on your personal tax return.
• Tax filings is easy—simply fill out and attach Schedule C-Profit or Loss From Business to your personal income tax return.

Cons of Sole Proprietorship

• As the only owner, you’re personally responsible for all of the business’s debts and liabilities—someone who wins a lawsuit against your business can take your personal assets (your car, personal bank accounts, even your home in some situations).
• There’s no real separation between you and the business, so it’s more difficult to get a business loan and raise money (lenders and investors prefer LLCs or corporations).
• It’s harder to build business credit without a registered business entity.
Sole proprietorships are by far the most popular type of business structure in the U.S. because of how easy they are to set up. There’s a lot of overlap between your personal and business finances, which makes it easy to launch and file taxes. The problem is that this same lack of separation can also land you in legal trouble. If a customer, employee, or another third party successfully sues your business, they can take your personal assets. Due to this risk, most sole proprietors eventually convert their business to an LLC or corporation.

General Partnership (GP)

Partnerships share many similarities with sole proprietorships—the key difference is that the business has two or more owners. There are two kinds of partnerships: general partnerships (GPs) and limited partnerships (LPs). In a general partnership, all partners actively manage the business and share in the profits and losses. Like a sole proprietorship, a general partnership is the default mode of ownership for multiple-owner businesses—there’s no need to register a general partnership with the state. I’ve written about the Utah Uniform Partnership Act previously.

Pros of General Partnership

• Easy to start (no need to register your business with the state).
• No corporate formalities or paperwork requirements, such as meeting minutes, bylaws, etc.
• You don’t need to absorb all the business losses on your own because the partners divide the profits and losses.
• Owners can deduct most business losses on their personal tax returns.

Cons of General Partnership

• Each owner is personally liable for the business’s debts and other liabilities.
• In some states, each partner may be personally liable for another partner’s negligent actions or behavior (this is called joint and several liability).
• Disputes among partners can unravel the business (though drafting a solid partnership agreement can help you avoid this).
• It’s more difficult to get a business loan, land a big client, and build business credit without a registered business entity.

Most people form partnerships to lower the risk of starting a business. Instead of going all-in on your own, having multiple people sharing the struggles and successes can be very helpful, especially in the early years. This being said, if you do go this route, it’s very important to choose the right partner or partners. Disputes can seriously limit a business’s growth, and many state laws hold each partner fully responsible for the actions of the others. For example, if one partner enters into a contract and then violates one of the terms, the third party can personally sue any or all of the partners.

Limited Partnership (LP)

Unlike a general partnership, a limited partnership is a registered business entity. To form an LP, therefore, you must file paperwork with the state. In an LP, there are two kinds of partners: those who own, operate, and assume liability for the business (general partners), and those who act only as investors (limited partners, sometimes called “silent partners”). Limited partners don’t have control over business operations and have fewer liabilities. They typically act as investors in the business and also pay fewer taxes because they have a more tangential role in the company.

Pros of Limited Partnership

• An LP is a good option for raising money because investors can serve as limited partners without personal liability.
• General partners get the money they need to operate but maintain authority over business operations.
• Limited partners can leave anytime without dissolving the business partnership.

Cons of Limited Partnership

• General partners are personally responsible for the business’s debts and liabilities.
• More expensive to create than a general partnership and requires a state filing.
• A limited partner may also face personal liability if they inadvertently take too active a role in the business.

Multi-owner businesses that want to raise money from investors often do well as LPs because investors can avoid liability. You might come across yet another business entity structure called a limited liability partnership (LLP). In an LLP, none of the partners have personal liability for the business, but most states only allow law firms, accounting firms, doctor’s offices, and other professional service firms to organize as LLPs. These types of businesses can organize as an LLP to avoid each partner being liable for the other’s actions. For example, if one doctor in a medical practice commits malpractice, having an LLP lets the other doctors avoid liability.

C-Corporation

A C-corporation is an independent legal entity that exists separately from the company’s owners. Shareholders (the owners), a board of directors, and officers have control over the corporation, although one person in a C-corp can fulfill all of these roles, so it is possible to create a corporation where you’re in charge of everything. This being said, with this type of business entity, there are many more regulations and tax laws that the company must comply with. Methods for incorporating, fees, and required forms vary by state.

Pros of C-corporation

• Owners (shareholders) don’t have personal liability for the business’s debts and liabilities.
• C-corporations are eligible for more tax deductions than any other type of business.
• C-corporation owners pay lower self-employment taxes.
• You have the ability to offer stock options, which can help you raise money in the future.

Cons of C-corporation

• More expensive to create than sole proprietorships and partnerships (the filing fees required to incorporate a business range from $100 to $500 based on which state you’re in).
• C-corporations face double taxation: The company pays taxes on the corporate tax return, and then shareholders pay taxes on dividends on their personal tax returns.
• Owners cannot deduct business losses on their personal tax returns.
• There are a lot of formalities that corporations have to meet, such as holding board and shareholder meetings, keeping meeting minutes, and creating bylaws.
Most small businesses pass over C-corps when deciding how to structure their business, but they can be a good choice as your business grows and you find yourself needing more legal protections. The biggest benefit of a C-corp is limited liability. If someone sues the business, they are limited to taking business assets to cover the judgment—they can’t come after your home, car, or other personal assets. This being said, corporations are a mixed bag from a tax perspective—there are more tax deductions and fewer self-employment taxes, but there’s the possibility of double taxation if you plan to offer dividends. Owners who invest profits back into the business as opposed to taking dividends are more likely to benefit under a corporate structure.

S-Corporation

An S-corporation preserves the limited liability that comes with a C-corporation but is a pass-through entity for tax purposes. This means that, similar to a sole prop or partnership, an S-corp’s profits and losses pass through to the owners’ personal tax returns. There’s no corporate-level taxation for an S-corp.

Pros of S-corporation

• Owners (shareholders) don’t have personal liability for the business’s debts and liabilities.
• No corporate taxation and no double taxation: An S-corp is a pass-through entity, so the government taxes it much like a sole proprietorship or partnership.

Cons of S-corporation

• Like C-corporations, S-corporations are more expensive to create than both sole proprietorships and partnerships (requires registration with the state).
• There are more limits on issuing stock with S-corps vs. C-corps.
• You still need to comply with corporate formalities, like creating bylaws and holding board and shareholder meetings.
In order to organize as an S-corporation or convert your business to an S-corporation, you have to file IRS form 2553. S-corporations can be a good choice for businesses that want a corporate structure but like the tax flexibility of a sole proprietorship or partnership.

Limited Liability Company (LLC)

A limited liability company takes positive features from each of the other business entity types. Like corporations, LLCs offer limited liability protections. But, LLCs also have less paperwork and ongoing requirements, and in that sense, they are more like sole proprietorships and partnerships. Another big benefit is that you can choose how you want the IRS to tax your LLC. You can elect to have the IRS treat it as a corporation or as a pass-through entity on your taxes.

Pros of LLC

• Owners don’t have personal liability for the business’s debts or liabilities.
• You can choose whether you want your LLC to be taxed as a partnership or as a corporation.
• Not as many corporate formalities compared to an S-corp or C-corp.

Cons of LLC

• It’s more expensive to create an LLC than a sole proprietorship or partnership (requires registration with the state).
LLCs are popular among small business owners, including freelancers, because they combine the best of many worlds: the ease of a sole proprietorship or partnership with the legal protections of a corporation.

At the end of the day, hiring Attorney Jeremy Eveland to draft a business succession plan in Orem, Utah is a wise decision. With his extensive experience, knowledge, and commitment to providing the best legal solutions, clients can be assured that their business succession plan will be drafted with the utmost care and consideration. Jeremy is committed to providing the best legal advice and is available to answer any questions or concerns clients may have. With Jeremy’s help, clients can feel confident in their business succession plan and the future of their business.

Orem, Utah

 

From Wikipedia, the free encyclopedia
 
 
Orem, Utah
Orem City Center

Orem City Center
Flag of Orem, Utah

Nickname: 

Family City USA
Location in Utah County and the state of Utah

Location in Utah County and the state of Utah
Coordinates: 40°17′56″N 111°41′47″WCoordinates40°17′56″N 111°41′47″W
Country United States
State Utah
County Utah
Settled 1877
Town charter granted May 5, 1919
Named for Walter C. Orem
Government

 
 • Mayor David Young
 • Spokesman Steven Downs
 • City Manager James P. Davidson[2]
Area

 
 • Total 18.57 sq mi (48.10 km2)
 • Land 18.57 sq mi (48.10 km2)
 • Water 0.00 sq mi (0.00 km2)
Elevation

 
4,774 ft (1,455 m)
Population

 (2020)
 • Total 98,129[1]
 • Density 5,267.22/sq mi (2,033.67/km2)
Time zone UTC-7 (Mountain (MST))
 • Summer (DST) UTC-6 (MDT)
Area codes 385, 801
FIPS code 49-57300[3]
GNIS feature ID 1444110[4]
Website www.orem.org]

Orem is a city in Utah CountyUtah, United States, in the northern part of the state. It is adjacent to ProvoLindon, and Vineyard and is approximately 45 miles (72 km) south of Salt Lake City.

Orem is one of the principal cities of the Provo-Orem, Utah Metropolitan Statistical Area, which includes all of Utah and Juab counties. The 2020 population was 98,129,[1] while the 2010 population was 88,328[5] making it the fifth-largest city in UtahUtah Valley University is located in Orem.

Orem, Utah

About Orem, Utah

Orem is a city in Utah County, Utah, United States, in the northern part of the state. It is adjacent to Provo, Lindon, and Vineyard and is approximately 45 miles (72 km) south of Salt Lake City.

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Business Succession Law

Business Succession Law

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Business Succession Law

Business Succession Law is a complex and important area in the legal landscape. It involves planning for the future of a business, from the transfer of ownership and control to the division of assets and liabilities. It is essential for business owners, family members, and other stakeholders to understand the legal rules, regulations, and issues associated with business succession in order to ensure the continuity of the business and the protection of the owners’ interests. Business Succession Law is a subset of Business Law.

Black’s Law Dictionary, Seventh Edition, Page 1162, defines succession as: “The act or right of legally or officially taking over a predecessor’s office, rank, or duties. 2. The acquisition of rights or property by inheritance under the laws of descent and distribution.” (Abridged Edition, West Group, 2000). Succession is also defined in law as “(1) the act or right of legally or officially coming into a predecessor’s office, rank, or functions: (2) the acquiring of an intestate share of an estate; or (3) loosely, the acquiring of property by will.” from Garner’s Dictionary of Legal Usage, Third Edition, p. 859, Oxford University Press (2011). In the common law, Succession is the mode by which one set of persons, members of a corporation agregate, acquire the rights of another set which preceded them. This term in strictness is to be applied only to such corporations. 2 Bla. Com. 430. From page 3176 of Bouvier’s Law Dictionary, Volume 2, L-Z (1914).

So, business succession law is an important area of law that governs the transfer of ownership of businesses from one owner to another. It is important for businesses that are owned by multiple individuals, as it helps to ensure that the business is transferred in accordance with the wishes of the owners. It is also important for businesses that are owned by a single individual, as it helps to ensure that the business is transferred in accordance with the wishes of the deceased owner. Attorney Jeremy Eveland helps business owners in Utah with succession or transfer of ownership of a business either by estate planning, succession planning, or mergers, acquisitions, or direct sales.

Business Succession Planning

The process of business succession planning involves numerous legal issues, such as the transfer of ownership, division of assets and liabilities, and the protection of the business’s interests. Ownership of a business can be transferred to a family member, outside party, or other entity in the form of a buy-sell agreement, estate plan, or other legal arrangement. A buy-sell agreement is a document that outlines the terms and conditions for the purchase and sale of a business, and can be used to transfer ownership of a business to a family member, outside party, or other entity.

Transferring a Business to a Family Member

Transferring a business to a family member is an exit strategy that legally requires a great deal of planning, paperwork, and patience. Before beginning the process, it is important to understand the tax implications, as well as any legal or other considerations that may need to be addressed. For example, if the business is a corporation, it is important to ensure that all shareholders are in agreement with the transfer.

The next step is to draft a legally binding agreement that outlines the terms of the transfer. This should include the value of the business, the method of payment, the responsibilities of the recipient, and any contingencies that may be necessary. It is also important to consider the tax consequences of the transfer, as this may have a significant impact on the financial future of the business and its owners.

Once the agreement is finalized and signed, the transfer can begin. This may involve transferring ownership of the business, transferring assets, and transferring any necessary licenses or permits. It is also important to consider the transition of employees and customers to the new owner.

Finally, it is important to ensure that all of the necessary paperwork is filed with the relevant governing bodies. This may include filing for a new business license or registration, or notifying the IRS of the transfer.

Transferring a business to a family member legally can quickly become a complicated and time consuming process, but it is a viable business exit strategy. It is important to understand the legal and financial considerations involved, as well as to ensure that all paperwork is completed correctly and filed with the relevant governing bodies. With the right preparation and planning, however, the transfer can be completed with minimal disruption to the business and its owners.

Business Succession Lawyer Free Consultation

When you need a business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

Areas We Serve

We serve businesses and business owners for succession planning in the following locations:

Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer St. George Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer Provo Utah

Business Succession Lawyer Sandy Utah

Business Succession Lawyer Orem Utah

Business Succession Lawyer Logan Utah

Business Succession Lawyer Lehi Utah

Business Succession Lawyer Murray Utah

Business Succession Lawyer Bountiful Utah

Business Succession Lawyer Eagle Mountain Utah

Estate Planning

Estate planning is also an important part of business succession planning. Estate planning involves the preparation of a will, trust, or other document that outlines the transfer of ownership and control of a business upon its owner’s death. It can also encompass the division of assets, liabilities, and taxes associated with the business. Estate planning can be especially important for family businesses, as it can help ensure that the business will be passed on to the next generation in the manner intended by the senior-generation owners.

The legal needs of business succession planning can be complex, and it is important to consult an experienced attorney to ensure that the process is handled correctly. Attorney Jeremy D. Eveland, MBA, JD, a lawyer based in Utah, focuses his practice in business succession planning and estate planning. We provide legal services to many business owners and families, from estate planning to buy/sell agreements. We use our knowledge and experience to help families and businesses navigate the complexities of business succession law and ensure that their goals for the future of their business are achieved.

Business succession planning involves more than just legal services. It requires careful consideration of many different issues, from the transfer of ownership and control to the division of assets and liabilities. It is important to consider the needs of the business, its employees, and its owners, as well as the future of the business. Attorney Jeremy Eveland understands the nuances of business succession planning, and our attorneys provide comprehensive legal services to ensure that the needs of the business and its owners are met.

What Is Business Law?

Business succession law is a set of laws that govern the transfer of ownership of a business from one owner to another. This type of law is important for businesses that are owned by multiple individuals, as it helps to ensure that the business is transferred in accordance with the wishes of the owners. It is also important for businesses that are owned by a single individual, as it helps to ensure that the business is transferred in accordance with the wishes of the deceased owner.

Business succession law is primarily concerned with wills, intestacy, and the granting of probate. A will is a legal document that sets out the wishes of the deceased owner in regards to the transfer of ownership of the business. If the owner has not left a will, then the laws of intestate succession will apply. Intestate succession is a set of laws that govern the transfer of ownership of a business when the deceased owner did not leave a will. In either case, the court will grant a probate, which is a document that confirms the transfer of ownership of the business.

Alternative dispute resolution (ADR) is another important aspect of business succession law. ADR is a process in which parties attempt to resolve a dispute without going to court. This can include mediation, arbitration, or other forms of negotiation. ADR can be used to resolve disputes over the ownership of a business, as well as disputes over the distribution of assets or the payment of debts.

Business succession law also involves the transfer of ownership of stocks and other publicly traded securities. This includes the transfer of ownership of stock in a publicly traded company, as well as the transfer of ownership of other securities such as bonds and mutual funds. The transfer of ownership of stocks and other securities must be done in accordance with the laws of the jurisdiction in which the securities are traded.

Business succession law also involves the transfer of ownership of life insurance policies. This includes the transfer of ownership of life insurance policies from the deceased owner to the beneficiaries of the policy. The transfer of ownership must be done in accordance with the laws of the jurisdiction in which the policy is issued.

Sometimes, business succession law is concerned with wills, intestacy, the granting of probate, alternative dispute resolution, lawsuits and the transfer of ownership of stocks and other publicly traded securities. This is why your business succession lawyer needs to know about estate planning, estate administration and probate.

In addition to legal services, lawyer Eveland also offers specialized services related to business succession planning, such as: powers of attorney, last wills and testaments, advanced health care directives, revocable living trusts, irrevocable trusts, and more. Our team of experienced attorneys and advisors can help business owners and families evaluate their options and develop a comprehensive succession plan that meets their needs. Our attorneys provide advice on the various options available and help owners and families identify key employees and successors. We also provide guidance on issues such as estate planning, stock ownership, tax planning, and insurance.

We understand the complexities of business succession planning and provide comprehensive legal services to help business owners and families achieve their goals for the future of their business. Our attorneys and advisors are experienced in handling a variety of business succession issues, from the transfer of ownership and control to the division of assets and liabilities, and can provide the advice and guidance needed to ensure the continuity of the business and the protection of the owners’ interests. With our comprehensive services, we can help business owners and families develop a comprehensive business succession plan that meets their needs and ensures a successful transition for the business.

When you need legal help with business succession law in Utah, call attorney Jeremy Eveland for a business succession consultation (801) 613-1472 today.

Utah
From Wikipedia, the free encyclopedia
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This article is about the U.S. state. For other uses, see Utah (disambiguation).
Coordinates: 39°N 111°W

Utah
State
State of Utah
Flag of Utah
Flag
Official seal of Utah
Seal
Nickname(s): “Beehive State” (official), “The Mormon State”, “Deseret”
Motto: Industry
Anthem: “Utah…This Is the Place”
Map of the United States with Utah highlighted
Map of the United States with Utah highlighted
Country United States
Before statehood Utah Territory
Admitted to the Union January 4, 1896 (45th)
Capital
(and largest city) Salt Lake City
Largest metro and urban areas Salt Lake City
Government
• Governor Spencer Cox (R)
• Lieutenant Governor Deidre Henderson (R)
Legislature State Legislature
• Upper house State Senate
• Lower house House of Representatives
Judiciary Utah Supreme Court
U.S. senators Mike Lee (R)
Mitt Romney (R)
U.S. House delegation 1: Blake Moore (R)
2: Chris Stewart (R)
3: John Curtis (R)
4: Burgess Owens (R) (list)
Area
• Total 84,899 sq mi (219,887 km2)
• Land 82,144 sq mi (212,761 km2)
• Water 2,755 sq mi (7,136 km2) 3.25%
• Rank 13th
Dimensions
• Length 350 mi (560 km)
• Width 270 mi (435 km)
Elevation 6,100 ft (1,860 m)
Highest elevation (Kings Peak[1][2][a]) 13,534 ft (4,120.3 m)
Lowest elevation (Beaver Dam Wash at Arizona border[2][a][3]) 2,180 ft (664.4 m)
Population (2020)
• Total 3,271,616[4]
• Rank 30th
• Density 36.53/sq mi (14.12/km2)
• Rank 41st
• Median household income $60,365[5]
• Income rank 11th
Demonym Utahn or Utahan[6]
Language
• Official language English
Time zone UTC−07:00 (Mountain)
• Summer (DST) UTC−06:00 (MDT)
USPS abbreviation
UT
ISO 3166 code US-UT
Traditional abbreviation Ut.
Latitude 37° N to 42° N
Longitude 109°3′ W to 114°3′ W
Website utah.gov
Utah state symbols
Flag of Utah.svg
Flag of Utah
Seal of Utah.svg
Living insignia
Bird California gull
Fish Bonneville cutthroat trout[7]
Flower Sego lily
Grass Indian ricegrass
Mammal Rocky Mountain Elk
Reptile Gila monster
Tree Quaking aspen
Inanimate insignia
Dance Square dance
Dinosaur Utahraptor
Firearm Browning M1911
Fossil Allosaurus
Gemstone Topaz
Mineral Copper[7]
Rock Coal[7]
Tartan Utah State Centennial Tartan
State route marker
Utah state route marker
State quarter
Utah quarter dollar coin
Released in 2007
Lists of United States state symbols
Utah (/ˈjuːtɑː/ YOO-tah, /ˈjuːtɔː/ (listen) YOO-taw) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[8] Most of the western half of Utah lies in the Great Basin.

Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.

People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.

Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate change, droughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]

Salt Lake City, Utah

About Salt Lake City, Utah

Salt Lake City is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,746,164, making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin.

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Business Succession Lawyer West Valley City Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer West Valley City Utah

Do you need legal help with a succession plan for your business in West Valley City Utah? If you do, then you are at the right place. Attorney Jeremy Eveland helps businesses create succession plans for businesses and company owners in West Valley City UT. Call Jeremy Eveland today for your free business succession consultation at (801) 613-1472. Read this article for more information about business law.

Business succession involves transferring ownership, control, and management of a business from one generation to another. It can be accomplished through various methods such as stock transfers, wills, trusts, or other legal instruments. It is important to consult a lawyer or law firm to ensure that all necessary documents are prepared correctly. A will can outline how assets, including the option to purchase a business, should be distributed upon death. Life insurance policies and testamentary trusts can also be used for this purpose. An advanced directive, such as a living will, can provide instructions for health care decisions in case of incapacity, and personal liability protection can help protect family members from being held responsible for debts incurred by the deceased’s estate or business.

Proper business planning is essential for succession and includes creating employment contracts with key personnel who will take over management responsibilities, establishing retirement plans, purchasing appropriate insurance coverage, understanding intestacy laws (in case there is no valid will), and navigating probate proceedings if necessary. Finances must also be taken into account, including taxes on income generated by the company before its sale or transfer and any outstanding loans that need to be paid off at closing.

Succession planning requires careful consideration so that all parties involved feel secure about their future prospects within the organization when ownership changes hands, whether due to retirement, illness, disability, or death. This helps ensure continuity and financial stability during transition periods until new owners assume full responsibility for day-to-day operations.

Why Is Business Law So Important?

Business law is a section of code that is involved in protecting liberties and rights, maintaining orders, resolving disputes, and establishing standards for the business concerns and their dealings with government agencies and individuals. Every state defines its own set of regulations and laws for business organizations. Similarly, it is also the responsibility of the business concerns to know the existing rules and regulations applicable to them.

Importance of Business Law

Business law plays a vital role in regulating business practices in a country. Here are some points that prove why business law is so relevant:

Compensation Issues

Business law is essential to handle various compensation issues in an organization. A professional business attorney in Utah can help companies in settling issues related to compensation and salary management. It is the responsibility of the attorney to ensure that his or her client does not violate compensation and benefits laws at any cost. The consequences can be fatal in case of any discrepancies.

Safeguard the Rights of Shareholders

Business law plays a vital role when it comes to safeguarding the rights of a company’s shareholders. An experienced business law attorney can successfully handle such issues along with conflicts related to minority shareholders, constitutional documents, and resolution by arbitration, and more.

Business Formation

Business law plays the role of a foundation stone for any business concern. Establishing business includes a lot of legal processes, leasing, and permits. A business law attorney is well-versed with all the relevant regulations, and can help the concern establish its operations successfully.

What are the Functions of Business Law?

Every business concern, either large-scale or small-scale, is bound to comply with their respective legal regulations. Here are some significant functions of business law that can help you in understanding it better.

  • Includes laws related to business ethics, substantive law, procedural law, court system structure, and so on.
  • Business law entails the taxation system for different types of businesses.
  • The level of competition and antitrust are also involved.
  • Business law also includes regulations about employee rights and privileges, workplace safety, overtime rules, and minimum wages law.
  • It strives to alleviate the impact businesses have on the environment and nature. It aims to regulate pesticides, limit air and water pollution, chemical usage, and so on.
  • Business law determines the formal process of establishment of a business organization and regulations related to the selling of corporate entities.
  • It also includes rights assignment, drafting, and work delegations, breach of contract, transactions, contracts, and penalties for violation of the agreement.
  • Business law defines laws related to business partnerships, entities, sole proprietorships, liability companies, and corporations.
  • It describes laws related to business and real property.
  • Business law analyses the overall impact of computer technology on other business domains.
  • Includes laws related to bankruptcy and governance of the securities.

Purposes and Functions of Business Law

The purposes and functions of business law include maintaining order, protecting rights and liberties, establishing standards, and resolving disputes.3 min read

The purposes and functions of business law include maintaining order, protecting rights and liberties, establishing standards, and resolving disputes when it comes to businesses and their interactions with individuals, government agencies, and other businesses.

Purposes and Functions of Law

Establishing standards identifies what types of behavior are and are not accepted in society. For example, damage to person or property is considered a crime because it is not tolerated by society.

  • Maintaining order is necessary for a civilized society.
  • Resolving disputes allows for the mitigation of issues that arise between those with different wants, needs, views, and/or values. The court system is the formal legal method for resolving disputes and consists of both state and federal courts. Disputes can also be resolved through alternative dispute resolution, which are official but less formal methods such as mediation and arbitration.
  • Protecting liberties and rights ensures each individual is allowed his or her constitutional rights, including freedom of speech and so forth.
  • In addition to these four core functions, the law serves many other specialized functions.

Business Law Background

This practice area includes regulations and statutes related to businesses, individuals, and families in their roles as workers, citizens, and consumers. As business becomes increasingly globalized, the business laws of various governments and nations may be in conflict. It’s important for business owners to understand how business law impacts commerce both domestically and abroad.

Business law standards include having expectations for following laws of other countries, distinguishing between unethical and legal behavior, and establishing social responsibility as a cornerstone of global citizenship. Most recently, new areas of business law must navigate the effects of modern technology. In fact, computer law is even a subspecialty within business law because of its importance in this realm.

Functions of Commercial Law

Commercial law, a branch of civil law, comprises governance of commercial and business transactions in both the public and private realms. Areas of commercial law include land and sea transportation, agent and principal, merchant shipping, insurance, partnership, guarantees, corporate contracts, sale and manufacture of consumer goods, hiring practices, and bills of exchange.

Commercial law has developed substantially over the years, but in general, it is designed to allow those engaged in business flexibility to administer their business within legal guidelines. Legislation in this area is designed to promote free trade.

Reforms to the commercial code focus on identifying and correcting inconsistencies and gaps in the law. Courts can also look to other legal systems to find remedies to complex legal issues. For example, recent updates focus on the impact of technology on these areas and how it affects business dealings. However, more restrictive trade practices have also been introduced in the modern era.

Business Law and Peace of Mind for Entrepreneurs

Basically, business law is a set of guidelines that all businesses should consider to guarantee that business transactions are done fairly and with knowledge of what’s going on. Business law can help business owners avoid legal disputes or mishaps that might otherwise have happened without their knowledge and which could’ve been costly to the business owner in terms of time, money, and resources.

Business laws cover a wide range of topics such as hiring employees, protecting employees’ rights, business contracts, business property rights, business taxation, and business law in general.

Business Laws Protect You from Mistakes

We all make mistakes now and then. But when it comes to business law, the consequences can be especially devastating if you don’t know what you’re doing or are negligent about looking into your options before taking a particular step that might lead to major setbacks that could be detrimental to your business.

Business laws are a crucial part of running a successful business. It is important to understand the rules and regulations that govern your industry, as well as the legal consequences you could face if you do not adhere to them.

While it is easy to pay attention only when something goes wrong, taking time out for some self-education can help you avoid many costly mistakes in the future. The most effective way to learn about business law is by reading up on it yourself. However, there are also plenty of books and online resources available that provide valuable insight into this field without requiring too much effort from your end.

Consequences of Failing to Understand Business Laws

You’ve built a business, and you’re doing well. But are you aware of the laws that could protect your business from legal issues? The problem is that many entrepreneurs don’t have time to read about all the different rules in each country they operate in. That’s why it’s crucial for every entrepreneur to stay up-to-date with local regulations and understand how these rules can affect their businesses.

As an entrepreneur, you may not realize how many laws there are that protect you and your business. Many entrepreneurs aren’t aware of the laws in place to help them run their businesses legally and avoid legal issues. While this can be a good thing because it means less worry for you, it also means that some things could go wrong without your knowledge if someone else takes advantage of the situation.

The Importance of Getting to Know Business Laws More Intimately

In business, the more you know about business law and how it protects your business from possible issues, the better off you’ll be. Your business is likely subject to a number of different rules and regulations depending on the industry you belong to and what business structure you have.

The importance of understanding business law is often overlooked by business owners, but it shouldn’t be. Know your rights and what to do if something goes wrong with a client or supplier can help reduce future problems as well as the cost that will go into resolving those issues in court.

Learning more about business laws now may also help prevent major setbacks for your business in the future. A business law attorney can be of great assistance to a business owner. They are able to help explain the different aspects of business law and how they apply to your business. The more knowledgeable you are about business law, the more successful your business is going to be.

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Business Succession Lawyer Salt Lake City Utah

 

West Valley City, Utah

 

From Wikipedia, the free encyclopedia
 
 
West Valley City, Utah
City of West Valley City
The Maverik Center in West Valley City, home of the Utah Grizzlies ice hockey team.

The Maverik Center in West Valley City, home of the Utah Grizzlies ice hockey team.
Official seal of West Valley City, Utah

Motto: 

“Progress as promised.”[1]
Location within Salt Lake County

Location within Salt Lake County
West Valley City is located in Utah

West Valley City
West Valley City
Location within Utah

Coordinates: 40°41′21″N 111°59′38″WCoordinates40°41′21″N 111°59′38″W
Country  United States
State  Utah
County Salt Lake
Settled 1847
Incorporated 1980
Government

 
 • Mayor Karen Lang [2]
Area

 • Total 35.88 sq mi (92.92 km2)
 • Land 35.83 sq mi (92.79 km2)
 • Water 0.05 sq mi (0.14 km2)
Elevation

 
4,304 ft (1,312 m)
Population

 • Total 140,230
 • Density 3,913.76/sq mi (1,511.11/km2)
Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
Area code(s) 385, 801
FIPS code 49-83470[5]
GNIS feature ID 1437843[6]
Website www.wvc-ut.gov

West Valley City is a city in Salt Lake County and a suburb of Salt Lake City in the U.S. state of Utah. The population was 140,230 at the 2020 census,[4] making it the second-largest city in Utah. The city incorporated in 1980 from a large, quickly growing unincorporated area, combining the four communities of Granger, Hunter, Chesterfield, and Redwood. It is home to the Maverik Center and USANA Amphitheatre.

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Succession Planning

From Wikipedia, the free encyclopedia
 

Business succession planning[edit]

Effective succession or talent-pool management concerns itself with building a series of feeder groups up and down the entire leadership pipeline or progression.[6] In contrast, replacement planning is focused narrowly on identifying specific back-up candidates for given senior management positions. Thought should be given to the retention of key employees, and the consequences that the departure of key employees may have on the business.[7]

Fundamental to the succession-management process is an underlying philosophy that argues that top talent in the corporation must be managed for the greater good of the enterprise. Merck and other companies argue that a “talent mindset” must be part of the leadership culture for these practices to be effective.[8]

Organizations use succession planning as a process to ensure that employees are recruited and developed to fill each key role within the company. Through one’s succession-planning process, one recruits superior employees,[citation needed] develops their knowledge, skills, and abilities, and prepares them for advancement or promotion into ever more-challenging roles. Actively pursuing succession planning ensures that employees are constantly developed to fill each needed role. As one’s organization expands, loses key employees, provides promotional opportunities, or increases sales, one’s succession planning aims to ensure that one has employees on hand ready and waiting to fill new roles. Succession planning is one of important processes in leadership pipeline.

According to a 2006 Canadian Federation of Independent Business survey,[9] slightly more than one third of owners of independent businesses plan to exit their business within the next 5 years – and within the next 10 years two-thirds of owners plan to exit their business. The survey also found that Small and medium-sized enterprises (SMEs) are not adequately prepared for their business succession: only 10% of owners have a formal, written succession plan; 38% have an informal, unwritten plan; and the remaining 52% do not have any succession plan at all. A 2004 CIBC survey suggests that succession planning is increasingly becoming a critical issue. The CIBC estimated that by 2010, $1.2 trillion in business assets would be poised to change hands.[10]

Research indicates many succession-planning initiatives fall short of their intent.[11] “Bench strength”, as it is commonly called, remains a stubborn problem in many if not most companies. Studies indicate that companies that report the greatest gains from succession planning feature high ownership by the CEO and high degrees of engagement among the larger leadership team.[12]

Companies well known for their succession planning and executive-talent development practices include: General ElectricHoneywellIBMMarriottMicrosoftPepsi and Procter & Gamble.

Research indicates that clear objectives are critical to establishing effective succession planning.[12] These objectives tend to be core to many or most companies that have well-established practices:

  • Identify those with the potential to assume greater responsibility in the organization
  • Provide critical development experiences to those that can move into key roles
  • Engage the leadership in supporting the development of high-potential leaders
  • Build a database that can be used to make better staffing decisions for key jobs

In other companies these additional objectives may be embedded in the succession process:

  • Improve employee commitment and retention
  • Meet the career development expectations of existing employees
  • Counter the increasing difficulty and costs of recruiting employees externally

Process and practices[edit]

Companies devise elaborate models to characterize their succession and development practices. Most reflect a cyclical series of activities that include these fundamentals:

  • Identify key roles for succession or replacement planning
  • Define the competencies and motivational profile required to undertake those roles
  • Assess people against these criteria – with a future orientation
  • Identify pools of talent that could potentially fill and perform highly in key roles
  • Develop employees to be ready for advancement into key roles – primarily through the right set of experiences.

In many companies, over the past several years,[when?] the emphasis has shifted from planning job assignments to development, with much greater focus on managing key experiences that are critical to growing global-business leaders.[citation needed] North American companies tend to be more active in this regard, followed by European and Latin American countries.

PepsiCo, IBM and Nike provide current examples of the so-called “game-planning” approach to succession and talent management. In these and other companies annual reviews are supplemented with an ongoing series of discussions among senior leaders about who is ready to assume larger roles. Vacancies are anticipated and slates of names are prepared based on highest potential and readiness for job moves. Organization realignments are viewed as critical windows-of-opportunity to utilize development moves that will serve the greater good of the enterprise.

Assessment is a key practice in effective succession-planning. There is no widely accepted formula for evaluating the future potential of leaders, but many tools and approaches continue to be used today, ranging from personality and cognitive testing to team-based interviewing and simulations and other Assessment centre methods. Elliott Jaques and others have argued for the importance of focusing assessments narrowly on critical differentiators of future performance. Jaques developed a persuasive case for measuring candidates’ ability to manage complexity, formulating a robust operational definition of business intelligence.[13] The Cognitive Process Profile (CPP) psychometric is an example of a tool used in succession planning to measure candidates’ ability to manage complexity according to Jaques’ definition.

Companies struggle to find practices that are effective and practical. It is clear that leaders who rely on instinct and gut to make promotion decisions are often not effective.[citation needed] Research indicates that the most valid practices for assessment are those that involve multiple methods and especially multiple raters.[14][need quotation to verify] “Calibration meetings” composed of senior leaders can be quite effective in judging a slate of potential senior leaders with the right tools and facilitation.[citation needed]

With organisations facing increasing complexity and uncertainty in their operating environments some[quantify] suggest a move away from competence-based approaches.[15] In a future that is increasingly hard to predict leaders will need to see opportunity in volatility, spot patterns in complexity, find creative solutions to problems, keep in mind long-term strategic goals for the organisation and wider society, and hold onto uncertainty until the optimum time to make a decision.[citation needed]

Professionals in the field, including academics, consultants and corporate practitioners, have many strongly-held views on the topic. Best practice is a slippery concept in this field. There are many thought-pieces on the subject that readers may[original research?] find valuable, such as “Debunking 10 Top Talent Management Myths”, Talent Management Magazine, Doris Sims, December 2009. Research-based writing is more difficult to find. The Corporate Leadership Council, The Best Practice Institute (BPI) and the Center for Creative Leadership, as well as the Human Resources Planning Society, are sources of some effective research-based materials.

Over the years,[when?] organizations have changed their approach to succession planning. What used to be a rigid, confidential process of hand-picking executives to be company successors is now becoming a more fluid, transparent practice that identifies high-potential leaders and incorporates development programs preparing them for top positions.[16] As of 2017 corporations consider succession planning a part of a holistic strategy called “talent management”.[citation needed] According to the company PEMCO, “talent management is defined as the activities and processes throughout the employee life cycle: recruiting and hiring, Onboarding, training, professional development, performance management, workforce planning, leadership development, career development, cross-functional work assignments, succession planning, and the employee exit process”.[16] When managing internal talent, companies must “know whether the right people, are moving at the right pace into the right jobs at the right time”.[17] An effective succession-planning strategy, coupled with solid career-development programs, will help paint a more promising future for employees.[citation needed]

Succession management[edit]

A substantial body of literature discusses succession planning. The first book that addressed the topic fully was “Executive Continuity” by Walter Mahler. Mahler was responsible in the 1970s for helping to shape the General Electric succession process which became the gold standard of corporate practice. Mahler, who was heavily influenced by Peter Drucker, wrote three other books on the subject of succession, all of which are out of print. His colleagues, Steve Drotter and Greg Kesler,[12] as well as others, expanded on Mahler’s work in their writings. “The Leadership Pipeline: How to Build the Leadership Powered Company”, by Charan, Drotter and Noel is noteworthy.[6][need quotation to verify] A new edited collection of materials, edited by Marshall Goldsmith, describes many contemporary examples in large companies.[18]

Most large corporations assign a process owner for talent and succession management. Resourcing of the work varies widely – from numbers of highly dedicated internal consultants to limited professional support embedded in the roles of human-resources generalists. Often these staff resources are separate from external staffing or recruiting functions. As of 2017 some companies seek to integrate internal and external staffing. Others are more inclined to integrate succession management with the performance management process in order simplify the work for line managers.

Succession advisors[edit]

A prior preparation needs to be done for the replacement of a CEO in family firms.[citation needed] The role of advisors is important as they help with the transition of leadership between the current-generation leaders and the successors.[citation needed] Advisors help family-owned businesses establish their own leadership skills. This process is relatively long if the successors want to be accepted by all employees. They need to take higher managing positions gradually to be respected. During this process, the successors are asked to develop different skills such as leadership. This is where the role of advisors fully exemplifies its importance. It is when the managing position is shared between the first-generation leader, the second and the advisors. An advisor helps with communication because emotional factors between family members can badly affect the company. The advisors help manage everything during a predetermined period of time and make the succession process less painful and eventful for everybody. In these cases, an interim leadership is usually what is best for the company. The employees can get accustomed to changes while getting to know the future CEO.[19][20]

Business Exit Planning[edit]

With the global proliferation of SMEs, issues of business succession and continuity have become increasingly common. When the owner of a business becomes incapacitated or passes away, it is often necessary to shut down an otherwise healthy business. Or in many instances, successors inherit a healthy business, which is forced into bankruptcy because of lack of available liquidity to pay inheritance taxes and other taxes. Proper planning helps avoid many of the problems associated with succession and transfer of ownership.

Business Exit Planning is a body of knowledge which began developing in the United States towards the end of the 20th century[citation needed], and is now spreading globally. A Business Exit Planning exercise begins with the shareholder(s) of a company defining their objectives with respect to an eventual exit, and then executing their plan, as the following definition suggests:

Business Exit Planning is the process of explicitly defining exit-related objectives for the owner(s) of a business, followed by the design of a comprehensive strategy and road map that take into account all personal, business, financial, legal, and taxation aspects of achieving those objectives, usually in the context of planning the leadership succession and continuity of a business. Objectives may include maximizing (or setting a goal for) proceeds, minimizing risk, closing a Transaction quickly, or selecting an investor that will ensure that the business prospers. The strategy should also take into account contingencies such as illness or death.[21]

All personal, financial, and business aspects should be taken into consideration. This is also a good time to plan an efficient transfer from the point of view of possibly applicable estate taxes, capital gains taxes, or other taxes.

Sale of a business is not the only form of exit. Forms of exit may also include initial public offering, management buyout, passing on the firm to next-of-kin, or even bankruptcy. Bringing on board financial strategic or financial partners may also be considered a form of exit, to the extent that it may help ensure succession and survival of the business.

In developed countries, the so-called “baby boomer” demographic wave is now reaching the stage where serious consideration needs to be given to exit. Hence, the importance of Business Exit Planning is expected to further increase in the coming years.

Family business[edit]

Small business succession tends to focus on how a business will continue to operate once its founder or initial leadership team retires or otherwise leaves the business. While small businesses on the whole often fail after the departure of their initial leadership team, succession planning can result in significantly improved chances for a business’s continuation.[22]

Within the context of succession planning, where a small business is owned by a group of managers or partners, thought should be given to the transition of the business to the partners, how departure from a business will be managed, and how shares or ownership interest will be valued for purposes of sale or buy-out.[23]

When succession occurs within a company’s hierarchy, succession plans should consider issues that may arise relating to retention of the intended successor, the possibility of jealousy by other employees, and how other employees will respond when they learn of the succession plan.[23] Additional issues are likely to arise if succession is to a family member,[24] particularly if more than one child of the managing owner works for the business or if siblings who do not work for the business will gain shares without having invested time and energy in the business.[23]

Small businesses and perhaps especially family businesses benefit from creating a disciplined succession process, involving,

  • Discussion and commitment by the shareholders;
  • Careful candidate selection; and
  • Integration and development of the selected successor.[22]

No part of the process should be rushed, with the integration process being expected to take roughly two years.[22]

Succession planning is a process and strategy for replacement planning or passing on leadership roles. It is used to identify and develop new, potential leaders who can move into leadership roles when they become vacant.[1][2] Succession planning in dictatorshipsmonarchies, politics, and international relations is used to ensure continuity and prevention of power struggle.[3][4] Within monarchies succession is settled by the order of succession.[3] In business, succession planning entails developing internal people with managing or leadership potential to fill key hierarchical positions in the company. It is a process of identifying critical roles in a company and the core skills associated with those roles, and then identifying possible internal candidates to assume those roles when they become vacant.[2] Succession planning also applies to small and family businesses (including farms and agriculture) where it is the process used to transition the ownership and management of a business to the next generation.[5]

Business Succession Lawyer Free Consultation

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Areas We Serve

We serve businesses and business owners for succession planning in the following locations:

Business Succession Lawyer Salt Lake City Utah

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Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer Salt Lake City Utah

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Business Succession Lawyer Salt Lake City Utah

Do you need a Business Succession Lawyer in Salt Lake City Utah? If you do, then you are at the right place. Attorney Jeremy Eveland helps businesses create succession plans. Call Jeremy Eveland today for your free business succession consultation (801) 613-1472.

Business succession is the process of transferring ownership and management of a business from one generation to the next. It involves the transfer of ownership and control of the business from the founder, or current owner, to the successor. Succession planning is the process of identifying and developing potential successors in order to ensure the continued success and growth of the business.

Succession planning typically involves identifying the key roles and responsibilities of the business owner and planning for their transition to a successor. This can involve developing a plan for the transfer of ownership and control of the business, as well as developing a plan for the transition of key roles and responsibilities to the successor. This could include training, mentoring, and support for the new owner.

Succession planning also involves developing a plan for the financial security of the business. This could involve setting up a trust fund or other financial vehicles to ensure that the business is financially secure and that the successor has access to the necessary funds needed to manage and grow the business.

Business succession is an important part of any business and is essential for the continued success and growth of the business. Proper succession planning can help ensure that the business is able to continue to thrive and provide the necessary resources and support for the successor.

Why put much stock in business advice?

Each and every one of these entrepreneurs sharing their business advice with you have had their own unique journey to building a successful business. They are all different. Some came from backgrounds of wealth and influential connections, while others have built empires starting truly from nothing. Don’t take the business advice you hear as gospel to be followed word-for-word. Rather, use it as a tool to inform your big decisions and major strategic moves within your own business.

Here is some actual advice:

 The best businesses come from people’s bad personal experiences. If you just keep your eyes open, you’re going to find something that frustrates you, and then you think, ‘well I could maybe do it better than it’s being done,’ and there you have a business. If you can change people’s lives, you have a business.” People think, ‘well everything’s been thought of,’ but actually, all of the time, there are gaps in the market here and gaps in the market there.”

 If you are going to start a business, you need to really love it, because not everybody is going to love it. “You have to really believe in your product to deal with the naysayers and persevere and when you really believe in your product, you are willing to deal with all the naysayers and persevere.”

 Choose something that you both love and are good at doing. Then, taking that first step is always the hardest. It’s terrifying, but really, it’s about preparation. We all go through this process where you’ve got the business idea, you get that feeling in your stomach and you get all excited. Then you talk to a friend, and your friend says, ‘oh wow that’s pretty cool, I’ve never heard of anything like that. I would buy that.’ And then you do the Google search. The first thing is that just because you don’t see it on Google, doesn’t mean one hundred companies haven’t gone out of business doing the same thing. It hasn’t been done for a reason, because every company that’s tried it, has gone out of business.

 You have 90 seconds, if you’re lucky. If you can’t make your point persuasively in that time, you’ve lost the chance for impact. Facts and figures are important, but it’s not the only criteria, you must present in a manner that generates expertise and confidence. “You have 90sec to make an impact in your pitch. Show expertise and confidence.” If you’re not prepared to make your pitch, you may just miss your next big opportunity.

 Don’t give up, don’t take anything personally, and don’t take no for an answer; you never know what you’re going to learn along the way. “The people who told me no, were the people that eventually told me yes; so don’t forget it.”

 The most painful mistake in first-time entrepreneurs is thinking that just having a business plan or a great concept is enough to guarantee success. It’s not. Business success is 80% psychology and 20% mechanics. And, frankly, most people’s psychology is not meant for building a business. “Think honestly about who you are, what you want to accomplish, and what mindset you need to have to get there. Because the biggest thing that will hold you back is your own nature. Few people are natural risk-takers or emotionally ready for the challenges of building a business. You can’t just sign up for a marathon and run it without ever training. You have to increase your capacity and become fit. Being an entrepreneur requires similar kinds of emotional and psychological fitness so that you don’t become the chokehold on your business’s success.”

 You’re the average of the 5 people you associate with most. “Choose friends wisely. “It is also said that ‘your network is your net worth.’ These two work well together.”

 Focus on the prototype. Don’t focus on your pitch deck, business plan or financial projections. “If you get a prototype out and you get enough people using it, you never have to write a business plan, do a forecast or do anything like that. A prototype is where you separate the BS from the reality.”

 Start now, you don’t need funding. Watch out for when you want to do something big, but say you can’t until you raise money to fund the idea. It usually means you are more in love with the idea of being big than with actually doing something useful. “For an idea to be big, it has to be useful and being useful doesn’t need funding.” If you want to be useful, you can always start right now with just 1% of what you have in your grand vision. It will be a humble prototype of your grand vision, but you will be in the game. You’ll be ahead of the rest because you actually started, when others waited for the finish line to magically appear at the starting line.

 The easiest way to tell if someone is a first-time entrepreneur is when they are secretive about their ideas. Real entrepreneurs know good ideas are cheap and that success comes from hard work, not a stroke of genius. The other big mistake entrepreneurs make is building a product for a customer they don’t know well. That’s why entrepreneurs should build a product for themselves, at least that way you ensure you have built something for a user you know intimately. All of the great tech companies of the past decade–Facebook, Twitter, Slack, Snapchat–were built by founders who were making products they wanted to use.

 They wait to get started. They wait until they have more information, more experience, more, more money, and a more perfect version of whatever they have created. “The best way to learn is by doing. Stop waiting and bring your ideas to life today.” All that waiting means they are not really learning. When you are an entrepreneur, the best way to learn is to do something, to put your idea into someone’s hands, or to talk to the people you want to serve. Stop waiting and do something.

 Scratch your own itch. Go after solving a problem that you have. Something that’s near and dear to you, not some random market opportunity. “Because, when things get hard, if you are chasing just the dollars, or a random market opportunity, you are not going to be able to have the fortitude, the passion, to stay with it.”

 Don’t waste time or spend money on non-core issues when starting a business. In fact, don’t spend any money until you make some.

 One of the most painful and common mistakes first-time entrepreneurs make is that they fall in love with their own business idea. They will spend months building what they believe to be the next innovative, disruptive, game-changing startup. Then they launch… and nobody buys, nobody cares, nothing happens. “Don’t fall in love with your idea, fall in love with the problem you’re solving and validate your business idea early on that it is a problem worth solving.”

 There is no path! Another big mistake first-time entrepreneurs make is they desperately want a structured business plan and direct path. “Don’t plan everything! Listen to your customers and make changes as needed.” One of the most important things about starting a business is being flexible. Listening to customers, watching data and making iterations and changes as needed. Sometimes having a path or a rigid business plan can limit you. Think of your business like a meadow not a path, just play!

 Perfectionism cripples a lot of entrepreneurs. They won’t launch their site or put their product up for sale until they think it’s perfect, which is a big waste of time. It’s never going to be perfect. “Don’t let perfectionism cripple you. Launch as soon as possible and adapt.” Pitch your product or service as soon as you have the bare bones of it put together. This will give you valuable feedback about whether your market really wants it. You can polish it later.”

 Being an entrepreneur takes hustle. And here’s the problem: Sometimes we think hustle is about becoming a workaholic or adding a lot of stuff to our lives. “Hustle the right way. It’s not about doing more, it’s about doing what you need to do.” Hustle is an act of focus, not frenzy. Hustle is about subtraction and addition. It’s not about doing more, it’s about focusing on the things that you need to do, in order to move your business forward.

 Perfect is a curse. Innovation is messy. Test, learn, and improve. Often new entrepreneurs wait too long to put their product out in the market. With limited resources at hand, it is crucial that you get an MVP out as soon as possible and start getting traction. Take the user’s feedback to iterate and improve your products. “Not launching fast enough is a mistake you simply can’t afford to make. If you want to get an edge over others, launch now!”

 The most painful mistake entrepreneurs make is copying or doing the same things that successful entrepreneurs have done, expecting similar results. What first-time entrepreneurs don’t realize is that the world is not a vacuum and there’s more going on behind the scenes than it appears. There’s much more effort that has gone into creating the success they see on the surface, and there’s no guarantee that a particular tactic or strategy will be successful for everyone. “First time entrepreneurs should not get caught up in the glamour and don’t take things for face value. Rather, use these successes you read about as inspiration for what you can do too. Set more realistic blogging goals and forget about ‘going viral’ or trying to be like someone else.”

 Most people start out with completely unrealistic expectations of what level of effort is required and how long it takes to get a business off the ground. They are easily discouraged and give up way too soon. I blame it on wishful thinking. “There’s no guarantee in business. Approach it with humility, grit and determination.” The reality is that there is no way to know how long it will take or whether it will work at all. So approach it with humility, grit and a willingness to do whatever it takes to succeed, even if that means you have to work really hard for a long time.

Wills are written documents that outline how assets should be distributed upon death. This can include the option to purchase a business that has not been sold before the owner’s death. Life insurance policies and testamentary trusts, which allow for tax-free distributions after death, can also be used for this purpose. An advanced directive, such as a living will, can provide instructions for health care decisions in the event of incapacity, while personal liability protection can help protect family members from being held responsible for debts incurred by the deceased’s estate or business operations.

Effective business succession planning involves creating employment contracts with key personnel who will take over management responsibilities, establishing retirement plans, purchasing appropriate insurance coverage, understanding intestacy laws (in the absence of a valid will), and navigating probate proceedings if necessary. Financial considerations, including taxes on income generated by the company before its sale or transfer and outstanding loans that need to be paid off at closing, must also be taken into account.

Succession planning is important to ensure that all parties involved feel secure about their future prospects within the organization once ownership changes hands, whether due to retirement, illness, disability, or death. It is essential to ensure continuity and financial stability throughout the transition period until new owners fully assume responsibility for daily operation

Attorney Jeremy D. Eveland, MBA, JD is an attorney licensed to practice law in Utah only. This is not legal advice. If you need actual legal advice for your situation you need to speak with a lawyer licensed in your jurisdiction and who understands and goes over the particular facts of your case. Facts matter. If you have questions about Business Succession in Salt Lake City Utah, call Mr. Eveland for a free consultation (801) 613-1472.

Salt Lake City

From Wikipedia, the free encyclopedia
 
 
 
Salt Lake City, Utah
City of Salt Lake City[1]
Clockwise from top: The skyline in July 2011, Utah State Capitol, TRAX, Union Pacific Depot, the Block U, the City-County Building, and the Salt Lake Temple

Clockwise from top: The skyline in July 2011, Utah State CapitolTRAXUnion Pacific Depot, the Block U, the City-County Building, and the Salt Lake Temple
Nickname: 

“The Crossroads of the West”

 
Interactive map of Salt Lake City
Coordinates: 40°45′39″N 111°53′28″WCoordinates40°45′39″N 111°53′28″W
Country United States United States
State Utah
County Salt Lake
Platted 1857; 165 years ago[2]
Named for Great Salt Lake
Government

 
 • Type Strong Mayor–council
 • Mayor Erin Mendenhall (D)
Area

 • City 110.81 sq mi (286.99 km2)
 • Land 110.34 sq mi (285.77 km2)
 • Water 0.47 sq mi (1.22 km2)
Elevation

 
4,327 ft (1,288 m)
Population

 • City 200,133
 • Rank 122nd in the United States
1st in Utah
 • Density 1,797.52/sq mi (701.84/km2)
 • Urban

 
1,021,243 (US: 42nd)
 • Metro

 
1,257,936 (US: 47th)
 • CSA

 
2,606,548 (US: 22nd)
Demonym Salt Laker[5]
Time zone UTC−7 (Mountain)
 • Summer (DST) UTC−6
ZIP Codes
show

ZIP Codes[6]
Area codes 801, 385
FIPS code 49-67000[7]
GNIS feature ID 1454997[8]
Major airport Salt Lake City International Airport
Website Salt Lake City Government

Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, as well as the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020,[10] the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,606,548 (as of 2018 estimates),[11] making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin (the other being Reno, Nevada).

Salt Lake City was founded July 24, 1847, by early pioneer settlers, led by Brigham Young, who were seeking to escape persecution they had experienced while living farther east. The Mormon pioneers, as they would come to be known, entered a semi-arid valley and immediately began planning and building an extensive irrigation network which could feed the population and foster future growth. Salt Lake City’s street grid system is based on a standard compass grid plan, with the southeast corner of Temple Square (the area containing the Salt Lake Temple in downtown Salt Lake City) serving as the origin of the Salt Lake meridian. Owing to its proximity to the Great Salt Lake, the city was originally named Great Salt Lake City. In 1868, the word “Great” was dropped from the city’s name.[12]

Immigration of international members of The Church of Jesus Christ of Latter-day Saintsmining booms, and the construction of the first transcontinental railroad initially brought economic growth, and the city was nicknamed “The Crossroads of the West”. It was traversed by the Lincoln Highway, the first transcontinental highway, in 1913. Two major cross-country freeways, I-15 and I-80, now intersect in the city. The city also has a belt route, I-215.

Salt Lake City has developed a strong tourist industry based primarily on skiing and outdoor recreation. It hosted the 2002 Winter Olympics. It is known for its politically progressive and diverse culture, which stands at contrast with the rest of the state’s conservative leanings.[13] It is home to a significant LGBT community and hosts the annual Utah Pride Festival.[14] It is the industrial banking center of the United States.[15] Salt Lake City and the surrounding area are also the location of several institutions of higher education including the state’s flagship research school, the University of Utah. Sustained drought in Utah has more recently strained Salt Lake City’s water security and caused the Great Salt Lake level drop to record low levels,[16][17] and impacting the state’s economy, of which the Wasatch Front area anchored by Salt Lake City constitutes 80%.[18]

Salt Lake City, Utah

About Salt Lake City, Utah

Salt Lake City is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,746,164, making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin.

Bus Stops in Salt Lake City, Utah to Jeremy Eveland

Bus Stop in Greyhound: Bus Station Salt Lake City, Utah to Jeremy Eveland

Bus Stop in Greyhound: Bus Stop Salt Lake City, Utah to Jeremy Eveland

Bus Stop in UTA Bus Salt Lake Central Station Salt Lake City, Utah to Jeremy Eveland

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Succession Planning

From Wikipedia, the free encyclopedia
 

Business succession planning[edit]

Effective succession or talent-pool management concerns itself with building a series of feeder groups up and down the entire leadership pipeline or progression.[6] In contrast, replacement planning is focused narrowly on identifying specific back-up candidates for given senior management positions. Thought should be given to the retention of key employees, and the consequences that the departure of key employees may have on the business.[7]

Fundamental to the succession-management process is an underlying philosophy that argues that top talent in the corporation must be managed for the greater good of the enterprise. Merck and other companies argue that a “talent mindset” must be part of the leadership culture for these practices to be effective.[8]

Organizations use succession planning as a process to ensure that employees are recruited and developed to fill each key role within the company. Through one’s succession-planning process, one recruits superior employees,[citation needed] develops their knowledge, skills, and abilities, and prepares them for advancement or promotion into ever more-challenging roles. Actively pursuing succession planning ensures that employees are constantly developed to fill each needed role. As one’s organization expands, loses key employees, provides promotional opportunities, or increases sales, one’s succession planning aims to ensure that one has employees on hand ready and waiting to fill new roles. Succession planning is one of important processes in leadership pipeline.

According to a 2006 Canadian Federation of Independent Business survey,[9] slightly more than one third of owners of independent businesses plan to exit their business within the next 5 years – and within the next 10 years two-thirds of owners plan to exit their business. The survey also found that Small and medium-sized enterprises (SMEs) are not adequately prepared for their business succession: only 10% of owners have a formal, written succession plan; 38% have an informal, unwritten plan; and the remaining 52% do not have any succession plan at all. A 2004 CIBC survey suggests that succession planning is increasingly becoming a critical issue. The CIBC estimated that by 2010, $1.2 trillion in business assets would be poised to change hands.[10]

Research indicates many succession-planning initiatives fall short of their intent.[11] “Bench strength”, as it is commonly called, remains a stubborn problem in many if not most companies. Studies indicate that companies that report the greatest gains from succession planning feature high ownership by the CEO and high degrees of engagement among the larger leadership team.[12]

Companies well known for their succession planning and executive-talent development practices include: General ElectricHoneywellIBMMarriottMicrosoftPepsi and Procter & Gamble.

Research indicates that clear objectives are critical to establishing effective succession planning.[12] These objectives tend to be core to many or most companies that have well-established practices:

  • Identify those with the potential to assume greater responsibility in the organization
  • Provide critical development experiences to those that can move into key roles
  • Engage the leadership in supporting the development of high-potential leaders
  • Build a database that can be used to make better staffing decisions for key jobs

In other companies these additional objectives may be embedded in the succession process:

  • Improve employee commitment and retention
  • Meet the career development expectations of existing employees
  • Counter the increasing difficulty and costs of recruiting employees externally

Process and practices[edit]

Companies devise elaborate models to characterize their succession and development practices. Most reflect a cyclical series of activities that include these fundamentals:

  • Identify key roles for succession or replacement planning
  • Define the competencies and motivational profile required to undertake those roles
  • Assess people against these criteria – with a future orientation
  • Identify pools of talent that could potentially fill and perform highly in key roles
  • Develop employees to be ready for advancement into key roles – primarily through the right set of experiences.

In many companies, over the past several years,[when?] the emphasis has shifted from planning job assignments to development, with much greater focus on managing key experiences that are critical to growing global-business leaders.[citation needed] North American companies tend to be more active in this regard, followed by European and Latin American countries.

PepsiCo, IBM and Nike provide current examples of the so-called “game-planning” approach to succession and talent management. In these and other companies annual reviews are supplemented with an ongoing series of discussions among senior leaders about who is ready to assume larger roles. Vacancies are anticipated and slates of names are prepared based on highest potential and readiness for job moves. Organization realignments are viewed as critical windows-of-opportunity to utilize development moves that will serve the greater good of the enterprise.

Assessment is a key practice in effective succession-planning. There is no widely accepted formula for evaluating the future potential of leaders, but many tools and approaches continue to be used today, ranging from personality and cognitive testing to team-based interviewing and simulations and other Assessment centre methods. Elliott Jaques and others have argued for the importance of focusing assessments narrowly on critical differentiators of future performance. Jaques developed a persuasive case for measuring candidates’ ability to manage complexity, formulating a robust operational definition of business intelligence.[13] The Cognitive Process Profile (CPP) psychometric is an example of a tool used in succession planning to measure candidates’ ability to manage complexity according to Jaques’ definition.

Companies struggle to find practices that are effective and practical. It is clear that leaders who rely on instinct and gut to make promotion decisions are often not effective.[citation needed] Research indicates that the most valid practices for assessment are those that involve multiple methods and especially multiple raters.[14][need quotation to verify] “Calibration meetings” composed of senior leaders can be quite effective in judging a slate of potential senior leaders with the right tools and facilitation.[citation needed]

With organisations facing increasing complexity and uncertainty in their operating environments some[quantify] suggest a move away from competence-based approaches.[15] In a future that is increasingly hard to predict leaders will need to see opportunity in volatility, spot patterns in complexity, find creative solutions to problems, keep in mind long-term strategic goals for the organisation and wider society, and hold onto uncertainty until the optimum time to make a decision.[citation needed]

Professionals in the field, including academics, consultants and corporate practitioners, have many strongly-held views on the topic. Best practice is a slippery concept in this field. There are many thought-pieces on the subject that readers may[original research?] find valuable, such as “Debunking 10 Top Talent Management Myths”, Talent Management Magazine, Doris Sims, December 2009. Research-based writing is more difficult to find. The Corporate Leadership Council, The Best Practice Institute (BPI) and the Center for Creative Leadership, as well as the Human Resources Planning Society, are sources of some effective research-based materials.

Over the years,[when?] organizations have changed their approach to succession planning. What used to be a rigid, confidential process of hand-picking executives to be company successors is now becoming a more fluid, transparent practice that identifies high-potential leaders and incorporates development programs preparing them for top positions.[16] As of 2017 corporations consider succession planning a part of a holistic strategy called “talent management”.[citation needed] According to the company PEMCO, “talent management is defined as the activities and processes throughout the employee life cycle: recruiting and hiring, Onboarding, training, professional development, performance management, workforce planning, leadership development, career development, cross-functional work assignments, succession planning, and the employee exit process”.[16] When managing internal talent, companies must “know whether the right people, are moving at the right pace into the right jobs at the right time”.[17] An effective succession-planning strategy, coupled with solid career-development programs, will help paint a more promising future for employees.[citation needed]

Succession management[edit]

A substantial body of literature discusses succession planning. The first book that addressed the topic fully was “Executive Continuity” by Walter Mahler. Mahler was responsible in the 1970s for helping to shape the General Electric succession process which became the gold standard of corporate practice. Mahler, who was heavily influenced by Peter Drucker, wrote three other books on the subject of succession, all of which are out of print. His colleagues, Steve Drotter and Greg Kesler,[12] as well as others, expanded on Mahler’s work in their writings. “The Leadership Pipeline: How to Build the Leadership Powered Company”, by Charan, Drotter and Noel is noteworthy.[6][need quotation to verify] A new edited collection of materials, edited by Marshall Goldsmith, describes many contemporary examples in large companies.[18]

Most large corporations assign a process owner for talent and succession management. Resourcing of the work varies widely – from numbers of highly dedicated internal consultants to limited professional support embedded in the roles of human-resources generalists. Often these staff resources are separate from external staffing or recruiting functions. As of 2017 some companies seek to integrate internal and external staffing. Others are more inclined to integrate succession management with the performance management process in order simplify the work for line managers.

Succession advisors[edit]

A prior preparation needs to be done for the replacement of a CEO in family firms.[citation needed] The role of advisors is important as they help with the transition of leadership between the current-generation leaders and the successors.[citation needed] Advisors help family-owned businesses establish their own leadership skills. This process is relatively long if the successors want to be accepted by all employees. They need to take higher managing positions gradually to be respected. During this process, the successors are asked to develop different skills such as leadership. This is where the role of advisors fully exemplifies its importance. It is when the managing position is shared between the first-generation leader, the second and the advisors. An advisor helps with communication because emotional factors between family members can badly affect the company. The advisors help manage everything during a predetermined period of time and make the succession process less painful and eventful for everybody. In these cases, an interim leadership is usually what is best for the company. The employees can get accustomed to changes while getting to know the future CEO.[19][20]

Business Exit Planning[edit]

With the global proliferation of SMEs, issues of business succession and continuity have become increasingly common. When the owner of a business becomes incapacitated or passes away, it is often necessary to shut down an otherwise healthy business. Or in many instances, successors inherit a healthy business, which is forced into bankruptcy because of lack of available liquidity to pay inheritance taxes and other taxes. Proper planning helps avoid many of the problems associated with succession and transfer of ownership.

Business Exit Planning is a body of knowledge which began developing in the United States towards the end of the 20th century[citation needed], and is now spreading globally. A Business Exit Planning exercise begins with the shareholder(s) of a company defining their objectives with respect to an eventual exit, and then executing their plan, as the following definition suggests:

Business Exit Planning is the process of explicitly defining exit-related objectives for the owner(s) of a business, followed by the design of a comprehensive strategy and road map that take into account all personal, business, financial, legal, and taxation aspects of achieving those objectives, usually in the context of planning the leadership succession and continuity of a business. Objectives may include maximizing (or setting a goal for) proceeds, minimizing risk, closing a Transaction quickly, or selecting an investor that will ensure that the business prospers. The strategy should also take into account contingencies such as illness or death.[21]

All personal, financial, and business aspects should be taken into consideration. This is also a good time to plan an efficient transfer from the point of view of possibly applicable estate taxes, capital gains taxes, or other taxes.

Sale of a business is not the only form of exit. Forms of exit may also include initial public offering, management buyout, passing on the firm to next-of-kin, or even bankruptcy. Bringing on board financial strategic or financial partners may also be considered a form of exit, to the extent that it may help ensure succession and survival of the business.

In developed countries, the so-called “baby boomer” demographic wave is now reaching the stage where serious consideration needs to be given to exit. Hence, the importance of Business Exit Planning is expected to further increase in the coming years.

Family business[edit]

Small business succession tends to focus on how a business will continue to operate once its founder or initial leadership team retires or otherwise leaves the business. While small businesses on the whole often fail after the departure of their initial leadership team, succession planning can result in significantly improved chances for a business’s continuation.[22]

Within the context of succession planning, where a small business is owned by a group of managers or partners, thought should be given to the transition of the business to the partners, how departure from a business will be managed, and how shares or ownership interest will be valued for purposes of sale or buy-out.[23]

When succession occurs within a company’s hierarchy, succession plans should consider issues that may arise relating to retention of the intended successor, the possibility of jealousy by other employees, and how other employees will respond when they learn of the succession plan.[23] Additional issues are likely to arise if succession is to a family member,[24] particularly if more than one child of the managing owner works for the business or if siblings who do not work for the business will gain shares without having invested time and energy in the business.[23]

Small businesses and perhaps especially family businesses benefit from creating a disciplined succession process, involving,

  • Discussion and commitment by the shareholders;
  • Careful candidate selection; and
  • Integration and development of the selected successor.[22]

No part of the process should be rushed, with the integration process being expected to take roughly two years.[22]

Succession planning is a process and strategy for replacement planning or passing on leadership roles. It is used to identify and develop new, potential leaders who can move into leadership roles when they become vacant.[1][2] Succession planning in dictatorshipsmonarchies, politics, and international relations is used to ensure continuity and prevention of power struggle.[3][4] Within monarchies succession is settled by the order of succession.[3] In business, succession planning entails developing internal people with managing or leadership potential to fill key hierarchical positions in the company. It is a process of identifying critical roles in a company and the core skills associated with those roles, and then identifying possible internal candidates to assume those roles when they become vacant.[2] Succession planning also applies to small and family businesses (including farms and agriculture) where it is the process used to transition the ownership and management of a business to the next generation.[5]

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