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Business Succession Lawyer St George Utah

Business Succession Lawyer St George Utah

Business Succession Lawyer St George Utah, succession plan, business succession plan, succession planning, business owners, business succession planning, business succession, succession laws, outside party, business owner, family members, family business succession, buy-sell agreement, family business, estate taxes, next generation, estate plan, sterling law group, buy/sell agreement, senior-generation owners, key employees, legal services, law firm, many business owners, national law review, buy/sell agreements, small business succession, legal advice, legal service, comprehensive strategy, estate planning

Business Succession Lawyer St George Utah

St. George, Utah is home to a thriving business community and its residents rely heavily on the services of experienced attorneys to help them manage their business affairs. Business succession law is an essential part of any business plan, and a qualified attorney can provide legal counsel and advice on how to best protect a business and its owners from potential legal issues. As a St. George Law Firm, we provide top-tier legal services for businesses of all sizes and our team of business succession lawyers are committed to helping business owners in the St. George area plan for the future.

With decades of legal experience and a deep knowledge of business law, our team of lawyers can provide the legal counsel and advice that business owners need to ensure their businesses are protected. Our team of estate planning lawyers have a thorough understanding of the laws surrounding business succession and can advise clients on the best strategies for protecting their businesses and their families. Whether you’re looking to create a succession plan to pass your business onto a family member or simply want to ensure that your business is protected in the event of your death, our lawyers can provide the legal guidance and assistance you need.

At St. George Law Firm, we understand the importance of providing our clients with legal services that are tailored to meet their needs. We have local roots in Washington County and our attorneys are committed to serving the people of St. George and the surrounding areas. Our lawyers have experience in a variety of legal areas, including business law, estate planning, personal injury, and insurance defense. Our attorneys can provide legal advice on any type of business issue, from setting up a business to buying and selling a business to litigation.

Our attorneys also offer free consultation services in order to help our clients understand the legal process and make sure they are making informed decisions. We are committed to providing our clients with the highest ethical standards and legal solutions that meet their needs. Our attorneys are dedicated to helping business owners in the St. George area protect their businesses and their families.

Whether you need assistance creating a business succession plan or are looking for legal advice on any other type of business issue, our team of business succession lawyers are here to help. We can provide advice on estate planning law, intestate succession, buy-sell agreements, and more. We also offer a wide range of practice areas, including business litigation, real estate, and family business law. Our attorneys are committed to providing the legal representation that our clients need and will take the time to answer all of their questions and concerns.

At St. George Law Firm, our team of business succession lawyers can help you protect your business and plan for the future. With decades of legal experience and a deep knowledge of business law, our team of attorneys can provide the legal counsel and advice that business owners need to ensure their businesses are protected. Whether you need help creating a succession plan or are looking for legal representation on any other type of business issue, our attorneys can provide the legal solutions you need. Contact our team of business succession lawyers today to schedule a free consultation and get the legal advice you need.

Business Agreements

A business partnership agreement is a legally binding document that outlines details about business operations, ownership stake, financials and decision-making. Business partnership agreements, when coupled with other legal entity documents, could limit liability for each partner. Business partnership agreements should always be written and/or reviewed by legal counsel prior to any signatures. A business partnership agreement establishes clear rules for the operation of a business and the roles of each partner. Business partnership agreements are put in place to resolve any disputes that arise, as well as to delineate responsibilities and how profits or losses are allocated. Any business partnership in which two or more people own a stake of the company should create a business partnership agreement, as these legal documents could provide key guidance in more difficult times. A business partnership agreement is a legal document between two or more business partners that spells out the business structure, responsibilities of each partner, capital contribution, partnership property, ownership interest, decision-making conventions, the process for one business partner to sell or leave the company, and how the remaining partner or partners split profits and losses. While business partnerships seldom begin with concerns about a future partnership dispute or how to dissolve the business, these agreements can guide the process in the future, when emotions might otherwise take over. A written, legally binding agreement serves as an enforceable document, rather than just an oral agreement between partners.

Partnership Agreements

A business partnership agreement is a necessity because it establishes a set of agreed-upon rules and processes that the owners sign and acknowledge before problems arise. If any challenges or controversies do arise, the business partnership agreement spells out how to address those issues. A business partnership is just like a marriage: No one goes into it thinking that it’s going to fail. But if it does fail, it can be nasty. With the right agreements in place, which I’d always recommend be written by a qualified attorney, it makes any potential problems of the business partnership much more easily solved and/or legally enforceable.” In other words, a business partnership agreement protects all partners in the event things go sour. By agreeing to a clear set of rules and principles at the outset of a partnership, the partners are on a level playing field developed by consensus and backed by law.

Business partnership agreements are necessarily broad, touching virtually every aspect of a business partnership from start to finish. It is important to include all foreseeable issues that could arise regarding the co-management of the business. These are some of those issues:

Ownership Stake

A business partnership agreement clearly spells out who owns what percentage of the business, making each partner’s stake in the company clear.

Business Operations

Business partnership agreements should explain which activities the business will engage in, as well as which activities it will not.

Decision Making

A business partnership agreement should outline how decisions are made and the responsibility of each partner in the decision-making process. This includes who has financial control of the company and who must approve the addition of new partners. It should also include information on how profits and losses are distributed amongst the partners.

Liability

If the business partnership is set up as an LLC, the agreement should limit the liability each partner faces. To do so effectively, a partnership agreement should be paired with other documents, such as articles of incorporation. A business partnership agreement alone is likely not enough to fully protect the partners from liability.

Dispute Resolution

Any business partnership agreement should include a dispute resolution process. Even if partners are best friends, siblings or spouses, disagreements are a natural part of doing business together.

Business Dissolution

In the event the partners choose to dissolve the business, a business partnership agreement should outline how that dissolution should occur, as well as continuity or succession planning should any of the partners divest from the business.

Steps To Implement A Business Partnership Agreement

A business partnership agreement does not have to be set in stone, especially as a business grows and develops over time. There will come opportunities to implement new elements of a partnership agreement, especially if unforeseen circumstances occur.

Initial Partnership

This is when two or more partners first enter into business together. It involves drafting an agreement that governs general operation of the business, the decision-making process, ownership stakes and management responsibilities.

Addition of Limited Partners

As a business grows, it might have the opportunity to add new partners. The original partners might agree to a small carve-out of minor equity ownership for the new partner, as well as limited voting rights that give the new partner partial influence over business decisions.

Addition of Full Partners

Of course, sometimes the addition of a limited partner will lead to their inclusion as a full partner in the business. A business partnership agreement should include the requirements and process of elevating a limited partner to the status of full partner, complete with full voting rights and influence equal to that of the original partners.

Continuity and Succession

Finally, a business partnership agreement should take into account what happens when the founders retire or leave the company without initiating dissolution. It should be clear how ownership stake and responsibilities will be distributed among the remaining partners after the departing partners take their leave.

Partnership agreements need to be well crafted for a myriad of reasons. One main driver is that the desires and expectations of partners change and vary over time. A well-written partnership agreement can manage these expectations and give each partner a clear map or blueprint of what the future holds. Your partnership agreement should speak to your unique business relationship and business operation. Again, no two businesses are alike. However, there are key provisions that every partnership agreement should include:

Your Partnership’s Name

One of the first tasks you and your partners will check off your to-do list is making a decision on your business’ name. The business name may reflect the names of the partners or it may have a fictitious name. In either case, the name of your business should be registered with your state. Assuming you’ve conducted a comprehensive search of the name you’ve decided on, registration will confirm that no other business exist with the same name and will prevent others from using your name. The name of your business partnership is a key provision because it explicitly identifies the partnership and the business name for which the agreement exists. This eliminates confusion, especially when there are multiple partnerships and/or businesses that may be involved.

Partnership Contributions

In most cases, partners’ contributions (time, resources, and capital) to the business vary from partnership to partnership. While some partners provide start-up capital, others may provide operational or managerial expertise. In either case, the specific contributions should be stated in the written agreement. It’s also a good idea to include terms that address anticipated contributions that may be required before the business actually becomes profitable. For example, if the start-up investments are not sufficient to carry the business into a profitable state, the partnership agreement should state any expectations for additional financial contributions from each partner. This avoids any surprises down the road for a key contributor.

Allocations of Profits and Losses

Partnerships are formed with the expectation of making a profit. The partnership agreement should speak to the when and how profits are allocated to each eligible partner. In addition, it should speak to how losses will be distributed during the business’ operation and in the event of dissolution.

Partners’ Authority and Decision Making Powers

Each partner has a vested interest in the success of the business. Because of this vested interest, it’s generally understood that each partner has the authority to make decisions and to enter into agreements on behalf of the business. If this is not the case for your business, the partnership agreement should outline the specific rules pertaining to the authority given to each partner and how business decisions will be made. To avoid confusion and to protect everyone’s interest, you need to discuss, determine and document how business decisions will be made.

Business Management

In the beginning phase, there are many tasks to accomplish and some management roles may overlap (or may only require temporary oversight). While you do not have to address each partners’ duty as it relates to every single aspect of your business operations, there are some roles and responsibilities you need to assign and outline in a formal agreement. Roles and responsibilities related to accounting, payroll, and even human resources are worthy of noting in the partnership agreement because of their critical and sometimes sensitive nature. Even if you have an existing agreement, you may want to update your agreement to address these important managerial responsibilities.

Business Departure (Withdrawal) or Death of Partner

When entering a business partnership, it’s natural to want to avoid uncomfortable discussions about a future breakup that may never happen. No one wants to think of a possible separation when a relationship is just beginning. However, business separations happen all the time and occur for many reasons. Any of these reasons can affect you personally and professionally. Therefore, no matter the reason for the separation, the process and procedures for departure should be outlined in the partnership agreement. It’s also wise to include language that addresses buyouts and shifts in responsibility should one partner become disabled or deceased.

New Partners

As the business grows and expands, the increased need for new ideas, new resources, and new strategies grows as well. At times, growth may mean adding a new partner. Plan ahead for these new opportunities in the partnership agreement by specifying how new partners will be on-boarded into the existing partnership.

Dispute Resolution

As stated before, disputes are inevitable in any relationship. In business relationships, disputes can become deadlocked and may even require mediation, arbitration, or unfortunately lawsuits. Try avoiding the time and costs associated with lawsuits by requiring mediation and arbitration as a first (and hopefully final) resolution to business disputes. There are many ways to resolve disputes, so your partnership agreement can list alternative methods for dispute resolution. The point is to formally identify these methods of resolution in advance be listed them in the partnership agreement when all heads are cool and clear.

Why Your Business Partnership Needs a Written Agreement

To set up the roles and responsibilities of each partner and to describe how decisions are made. Who is the managing partner? What are the responsibilities of individually named partners? How do roles and responsibilities change?

To avoid tax issues, by having the tax status of the partnership spelled out, and to show that the partnership is distributing profits based on acceptable tax and accounting practices.

To avoid legal and liability issues, spelling out the liability of individual partners (general partners vs. limited partners) and the liability of all partners if there is a liability issue with one partner.

To deal with changes in the partnership due to life challenges of existing partners – partners who leave, become ill or incompetent, get divorced, or die. These are usually dealt with in buy-out agreements with each partner.

To describe the circumstances under which new partners can enter the partnership.

To deal with partner issues, like a conflict of interest and non-compete agreements.

To override state laws. Some states have required language in partnership agreements. But this language may not be the best for your particular partnership. If you don’t have a formal written agreement, you may find yourself having to abide by the default state laws.

To make disputes easier. It’s a good idea to include language in your partnership agreement that describes how disputes will be handled. Will arbitration be a possibility? What will be the responsibility of parties to the dispute? Who pays for what?

Why You Need an Attorney to Help Prepare a Business Partnership Agreement

The only disadvantage to having a partnership agreement is that you might have language that is unclear or incomplete. A DIY partnership agreement risks not getting the wording right, and a poorly worded contract is worse than none at all. Getting an attorney to help you with the process of preparing your partnership agreement seems like it’s an expensive waste of time. It’s not. Remember, if it isn’t in writing, it doesn’t exist, so putting every possible situation or contingency into a partnership agreement can prevent expensive and time-wasting lawsuits and hard feelings between the partners.

• To avoid tax issues, by having the tax status of the partnership spelled out, and to show that the partnership is distributing profits based on acceptable tax and accounting practices.

• To avoid legal and liability issues, spelling out the liability of individual partners (general partners vs. limited partners) and the liability of all partners if there is a liability issue with one partner.

• To deal with changes in the partnership due to life challenges of existing partners – partners who leave, become ill or incompetent, get divorced, or die. These are usually dealt with in buy-out agreements with each partner.

• To describe the circumstances under which new partners can enter the partnership.

• To deal with partner issues, like a conflict of interest and non-compete agreements.

• To override state laws. Some states have required language in partnership agreements. But this language may not be the best for your particular partnership. If you don’t have a formal written agreement, you may find yourself having to abide by the default state laws.

• To make disputes easier. It’s a good idea to include language in your partnership agreement that describes how disputes will be handled. Will arbitration be a possibility? What will be the responsibility of parties to the dispute? Who pays for what?

The only disadvantage to having a partnership agreement is that you might have language that is unclear or incomplete. A DIY partnership agreement risks not getting the wording right, and a poorly worded contract is worse than none at all. Getting an attorney to help you with the process of preparing your partnership agreement seems like it’s an expensive waste of time. It’s not. Remember, if it isn’t in writing, it doesn’t exist, so putting every possible situation or contingency into a partnership agreement can prevent expensive and time-wasting lawsuits and hard feelings between the partners.

Business Succession Lawyer St. George Utah Free Consultation

When you need a business succession lawyer in St. George Utah, call lawyer Jeremy Eveland (801) 613-1472.

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St. George, Utah

 

From Wikipedia, the free encyclopedia
 
St. George, Utah
City of St. George
Overlook of downtown St. George and adjacent Pine Valley Mountains

Overlook of downtown St. George and adjacent Pine Valley Mountains
Flag of St. George, Utah

Official logo of St. George, Utah

Nickname(s): 

Utah’s Dixie, (the) STG
Motto: 

It’s The Brighter Side
Location within Washington County

Location within Washington County
St. George is located in Utah

St. George
St. George
Location within Utah

Coordinates: 37°06′15″N 113°35′03″WCoordinates37°06′15″N 113°35′03″W[1]
Country United States
State Utah
County Washington
Settled 1861
Incorporated 1862
Named for George A. Smith
Government

 
 • Type Mayor-Council
 • Mayor Michelle Randall
 • City Manager John Willis
Area

 • City 78.47 sq mi (203.22 km2)
 • Land 78.46 sq mi (203.22 km2)
 • Water 0.00 sq mi (0.01 km2)  0.72%
Elevation

2,700 ft (800 m)
Population

 • City 95,342
 • Rank 1st in Washington County
7th in Utah
 • Density 1,215.17/sq mi (469.16/km2)
 • Metro

 
180,279 (US: 239th)
 • Metro density 1,310/sq mi (510/km2)
Demonym St. Georgian
Time zone UTC−7 (Mountain)
 • Summer (DST) UTC−6 (Mountain)
ZIP Code
84770–84771, 84790–84791
Area code 435
FIPS ID 49-65330
GNIS feature ID 1455098[1]
Website sgcity.org

St. George is a city in and the county seat of Washington County, Utah, United States. Located in southwestern Utah on the Arizona border, it is the principal city of the St. George Metropolitan Statistical Area (MSA). The city lies in the northeasternmost part of the Mojave Desert, adjacent to the Pine Valley Mountains and near the convergence of three distinct geologic areas and ecoregions: the Mojave DesertColorado Plateau, and the Great Basin.[4] The city is 118 miles (190 km) northeast of Las VegasNevada, and 300 miles (480 km) south-southwest of Salt Lake CityUtah, on Interstate 15.

As of the 2020 U.S Census, the city had a population of 95,342, with the overall MSA having an estimated population of 180,279.[5][6] St. George is the seventh-largest city in Utah and most populous city in the state outside of the Wasatch Front.

The city was settled in 1861 as a cotton mission, earning it the nickname “Dixie“. While the crop never became a successful commodity, the area steadily grew in population. Between 2000 and 2005, St. George emerged as the fastest growing metropolitan area in the United States.[7] Today, the St. George region is well known for its year-round outdoor recreation and proximity to several state parksZion National Park and The Grand CanyonUtah Tech University is located in St. George and is an NCAA Division I institution.

Saint George, Utah

About Saint George, Utah

St. George is a city in and the county seat of Washington County, Utah, United States. Located in southwestern Utah on the Arizona border, it is the principal city of the St. George Metropolitan Statistical Area (MSA). The city lies in the northeasternmost part of the Mojave Desert, adjacent to the Pine Valley Mountains and near the convergence of three distinct geologic areas and ecoregions: the Mojave Desert, Colorado Plateau, and the Great Basin. The city is 118 miles (190 km) northeast of Las Vegas, Nevada, and 300 miles (480 km) south-southwest of Salt Lake City, Utah, on Interstate 15.

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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 West Jordan Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer West Jordan Utah, succession plan, business succession plan, succession planning, business owners, business succession planning, business succession, succession laws, outside party, business owner, family members, family business succession, buy-sell agreement, family business, estate taxes, next generation, estate plan, sterling law group, buy/sell agreement, senior-generation owners, key employees, legal services, law firm, many business owners, national law review, buy/sell agreements, small business succession, legal advice, legal service, comprehensive strategy, estate planning

Business Succession Lawyer West Jordan Utah

Do you need legal help from a Business Succession Lawyer in West Jordan Utah? If so, call attorney Jeremy Eveland (801) 676-5506 for your Free Consultation. We can help you with Estate Planning, Asset Protection, and Business Law.

Business succession is an important part of estate planning and involves the transfer of ownership, control, and management of a business from one generation to another. It can be achieved through various methods such as stock transfers, wills, valuation techniques, trusts or other legal instruments. A law firm or lawyer should be consulted when considering business succession in order to ensure that all necessary documents are prepared correctly.

A will is a written document which outlines how assets should be distributed upon death. This includes any option to purchase the business if it has not been sold prior to death. Life insurance policies may also be used for this purpose as well as testamentary trusts which allow for tax-free distributions after death. An advanced directive such as a living will can provide instructions regarding health care decisions in case 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 during their lifetime.

Business planning is essential when preparing for succession and involves 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 due on income generated by the company before its sale or transfer along with any outstanding loans that need to be paid off at closing time.

Succession planning requires careful consideration so 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 – ensuring continuity and financial stability throughout transition periods until new owners assume full responsibility over day-to-day operations..

Business Startup Law

A business startup is a risk but it always provides a new opportunity too. It has been seen often that startups companies that have their domain as ‘new technology’ comes out with huge returns. These companies are typically research driven and bring out something new that has a big demand, or comes out with a new way of doing something old. It is also often the case that these companies are owned by people who have been working as senior executives themselves, and so have adequate experience in running a show. So investing in a business startup offers a golden opportunity for venture capitalists (VC’s) and bankers. But sadly, there are many who think twice before doing so, simply because the entity is a startup.

Venture Capital Law

Venture capitalists usually come in at two stages. In the first phase they come in when the new business just has an idea and nothing much. For a new business, financing is always a problem, and so if the VC is happy with the prospect of the new business proposal and what it has the potential to achieve, then it can finance the business startup. In the next phase in which the VC comes in is where the startup already has been in business for a few years and has a few Case Studies and Testimonials to show. In such a case the business startup needs the additional funding because it now needs to spread its wings and grow.

Utah Business Startups

The truth is, business startups can be found almost everywhere. It can be a restaurant or a boutique shop where a previous employee or a group of them come out and open their own business. Or it can be a new transport or a travel company where the new entrepreneurs think that they have adequate knowledge and experience and can sustain on their own.

But in technology and the Internet it has been seen that the number of startups are usually much more. And today IT startups are to be seen everywhere, the maximum number of them being in the Silicon Valley in California. Some of these business startups have been hugely successful and today have become big businesses themselves. Many of these companies have gone public and today have a large customer base with clients from across the world. Their example is inspiring others to come out and open their own startup ventures.

Business Startup and Failures

When it works it looks really great. But often it doesn’t and this is what worries most people and makes them stay where they are and not go in for it themselves. In fact according to statistics, the failure rate of business startups is much higher. Startups’ failing is one reason why the dotcom bubble burst at the end of the last century. So this is one reason new entrepreneurs should constantly worry about.

But that is no reason why they should not open business startups. After all, ‘failures are the pillars of success’. If you have the confidence and have a practical plan, then it is more likely that you will be successful.

Starting a business requires more than just a great idea

To succeed in business today, you need to be flexible and have good planning and organizational skills. Many people start a business thinking that they’ll turn on their computers or open their doors and start making money, only to find that making money in a business is much more difficult than they thought.

You can avoid this in your business ventures by taking your time and planning out all the necessary steps you need to achieve success. Whatever type of business you want to start, using the following Tips can help you be successful in your venture.

You’ll almost certainly end up working harder for yourself than you would for someone else, so prepare to make sacrifices in your personal life when establishing your business.

Providing good service to your customers is crucial to gaining their loyalty and retaining their business.

Make sure not only that the business is ready for launch, but you are as well.

Getting Your Business Organized

To achieve business success you need to be organized. It will help you complete tasks and stay on top of things to be done. A good way to be organized is to create a to-do list each day. As you complete each item, check it off your list. This will ensure that you’re not forgetting anything and completing all the tasks that are essential to the survival of your business.

Many software-as-a-service (SaaS) tools exist to increase organization. Tools like Slack, Asana, Zoom, Microsoft Teams, and other newer additions.1234 That being said, a simple Excel spreadsheet will meet many of a business’s organization requirements.

Keep Detailed Records

All successful businesses keep detailed records. By doing so, you’ll know where the business stands financially and what potential challenges you could be facing. Just knowing this gives you time to create strategies to overcome those challenges.

Most businesses are choosing to keep two sets of records: one physical and one in the cloud. By having records that are constantly uploaded and backed up, a business no longer has to worry about losing their data. The physical record exists as a backup but more often than not, it is used to ensure that the other information is correct.

Analyze Your Business Competition

Competition breeds the best results. To be successful, you can’t be afraid to study and learn from your competitors. After all, they may be doing something right that you can implement in your business to make more money.

How you analyze competition will vary between sectors. If you’re a restaurant owner, you may simply be able to dine at your competition’s restaurants, ask other customers what they think, and gain information that way. However, you could be a company with much more limited access to your competitors, such as a chemicals company. In that case, you would work with a business professional and accountant to go over not just what the business presents to the world, but any financial information you may be able to get on the company as well.

Understand the Risks and Rewards in Your Business

The key to being successful is taking calculated risks to help your business grow. A good question to ask is “What’s the downside?” If you can answer this question, then you know what the worst-case scenario is. This knowledge will allow you to take the kinds of calculated risks that can generate tremendous rewards.
Understanding risks and rewards includes being smart about the timing of starting your business. For example, did the severe economic dislocation of 2020 provide you with an opportunity (say, manufacturing and selling face masks) or an impediment (opening a new restaurant during a time of social distancing and limited seating allowed)?

Be Creative

Always be looking for ways to improve your business and make it stand out from the competition. Recognize that you don’t know everything and be open to new ideas and different approaches to your business.

There are many outlets that may lead to additional revenues. Take Amazon for example. The company started out as a bookseller and grew into an eCommerce giant. Not a lot of people expected that one of the major ways that Amazon makes its money is through its Web Services division. The division did so well that when Jeff Bezos stepped down as CEO, the head of Amazon Web Services was named the new CEO.

Stay Focused

The old saying “Rome wasn’t built in a day” applies here. Just because you open a business doesn’t mean you’re going to immediately start making money. It takes time to let people know who you are, so stay focused on achieving your short-term goals.

Many small business owners don’t even see a profit for a few years while they use their revenues to recoup investment costs. This is called being “in the red.” When you are profitable and make more than you need to spend to cover debts and payroll, this is called being “in the black.”

That being said, if the business is not turning a profit after a substantial period of time, it’s worth looking into if there are issues with the product or service, if the market still exists, and other possible issues that might slow or halt a business’s growth.

Prepare to Make Sacrifices For Your Business

The lead-up to starting a business is hard work, but after you open your doors, your work has just begun. In many cases, you have to put in more time than you would if you were working for someone else, which may mean spending less time with family and friends to be successful.
The adage that there are no weekends and no vacations for business owners might ring true for those who are committed to making their business work. There is nothing wrong with full-time employment, and some business owners underestimate the true cost of the sacrifices that are required to start and maintain a profitable business.

Utah Business Free Consultation

Call attorney Jeremy Eveland for a free business law consultation in Utah today (801) 613-1472. We look forward to serving you.

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West Valley City, Utah

West Jordan, Utah

From Wikipedia, the free encyclopedia
 
 
West Jordan, Utah
City
City of West Jordan
West Jordan City Hall

West Jordan City Hall
Location in Salt Lake County and the state of Utah

Location in Salt Lake County and the state of Utah
Coordinates: 40°36′23″N 111°58′34″WCoordinates40°36′23″N 111°58′34″W
Country United States
State Utah
County Salt Lake
Settled 1848
Incorporated 1941
Named for Jordan River
Government

 
 • Mayor Dirk Burton [1]
Area

 • Total 32.33 sq mi (83.73 km2)
 • Land 32.33 sq mi (83.73 km2)
 • Water 0.00 sq mi (0.00 km2)
Elevation

 
4,373 ft (1,333 m)
Population

 (2020)
 • Total 116,961
 • Density 3,617.72/sq mi (1,396.88/km2)
Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
ZIP codes
84081, 84084, 84088
Area code(s) 385, 801
FIPS code 49-82950[3]
GNIS feature ID 1434086[4]
Website www.westjordan.utah.gov

West Jordan is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City and has a mixed economy. According to the 2020 Census, the city had a population of 116,961,[5] placing it as the third most populous in the state.[6] The city occupies the southwest end of the Salt Lake Valley at an elevation of 4,330 feet (1,320 m). Named after the nearby Jordan River, the limits of the city begin on the river’s western bank and end in the eastern foothills of the Oquirrh Mountains, where Kennecott Copper Mine, the world’s largest man-made excavation, is located.

Settled in the mid-19th century, the city has developed into its own regional center. As of 2012, the city has four major retail centers; with Jordan Landing being one of the largest mixed-use planned developments in the Intermountain West.[7] Companies headquartered in West Jordan include Mountain America Credit Union, Lynco Sales & Service, SME Steel, and Cyprus Credit Union. The city has one major hospital, Jordan Valley Medical Center, and a campus of Salt Lake Community College.

City landmarks include Gardner Village, established in 1850, and South Valley Regional Airport, formerly known as “Salt Lake Airport #2”. The airport serves general aviation operations as well as a base for the 211th Aviation Regiment of the Utah Army National Guard flying Apache and Black Hawk helicopters.

West Jordan, Utah

About West Jordan, Utah

West Jordan is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City and has a mixed economy. According to the 2020 Census, the city had a population of 116,961, placing it as the third most populous in the state. The city occupies the southwest end of the Salt Lake Valley at an elevation of 4,330 feet (1,320 m). Named after the nearby Jordan River, the limits of the city begin on the river's western bank and end in the eastern foothills of the Oquirrh Mountains, where Kennecott Copper Mine, the world's largest man-made excavation, is located.

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Reviews for Jeremy Eveland West Jordan, Utah

Jeremy Eveland Reviews

Linda Hollingsworth

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Utah Business Attorney Jeremy Eveland is an attorney who not only is very knowledgeable about business laws and real estate laws, but he is a hard working lawyer who cared about us and our business.  You are best advised to use him if you can!

Jeremy Eveland Reviews

Ann Janet

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Jeremy Eveland is the guy you go to when you need a project done. I had him help me with my webiste. His insights were very helpful. He knows what he's doing. I've had good luck with him and you will too.

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 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

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 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.

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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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