Do you need help from a Business Succession Lawyer West Jordan Utah business owners trust? Call attorney Jeremy Eveland at (801) 613-1472 for a free consultation. Business succession planning decides who owns, controls, and runs your company after you retire, become disabled, or pass away. Without a written plan, that decision gets made by a probate court, by a bank, or by whichever family member argues loudest.
This guide explains how business succession works under Utah law, which documents actually control the transfer, how owners fund a buyout, and what it costs to wait. If you own a company in West Jordan, South Jordan, Riverton, or anywhere in Salt Lake County, the planning steps below apply to you.
What a Business Succession Lawyer West Jordan Utah Owners Hire Actually Does
Succession planning is not one document. It is a set of agreements that have to point in the same direction. A business succession attorney reviews what you already have, finds the contradictions, and rewrites the pieces so the transfer happens the way you intend.
The core work includes:
Reading your governing documents. Your operating agreement, bylaws, or partnership agreement usually contains transfer restrictions that override your will. If your operating agreement says membership interests cannot transfer without unanimous consent, a bequest in your will does not defeat that restriction.
Drafting or fixing a buy-sell agreement. This is the single most important succession document for any company with more than one owner.
Coordinating the business plan with the estate plan. A revocable trust that never receives the LLC interest does nothing. Funding is where most plans fail.
Building the funding mechanism. Life insurance, disability buyout coverage, installment notes, or a sinking fund.
Handling the tax and valuation questions alongside your CPA so the price in the agreement is defensible.
Planning management succession, which is separate from ownership succession and frequently overlooked.
Why Business Succession Planning Fails Without a Lawyer
Most closely held companies in Utah have some version of a plan in the owner’s head. The plan collapses on contact with reality for predictable reasons.
The documents contradict each other. A will leaves the company to three children. The operating agreement requires the surviving members to approve any new member. The result is litigation between the estate and the surviving owners while the company loses customers.
Nobody funded the buyout. An agreement that obligates the company to buy a deceased owner’s 40% interest is worthless if the company cannot write that check. Forced buyouts drain working capital or trigger a fire sale.
The valuation formula is stale. A fixed dollar price set in 2014 has no relationship to what the company is worth in 2026. Agreements should use a formula or a required periodic appraisal, not a number.
The successor was never trained. Transferring stock is easy. Transferring vendor relationships, bank credit, key licenses, and employee loyalty takes years of deliberate handoff.
Personal guarantees were never addressed. If you personally guaranteed the lease and the line of credit, selling or gifting your ownership does not release you. The lender has to agree, and that is negotiated, not assumed.
The Buy-Sell Agreement: The Center of Every Succession Plan
A buy-sell agreement is a contract among the owners, and often the company itself, that controls what happens to an ownership interest when a triggering event occurs. It is the closest thing to a prenuptial agreement that a business has.
Triggering Events to Cover
Death of an owner
Long-term disability or incapacity
Retirement or voluntary withdrawal
Termination of employment
Divorce, where a spouse could receive an interest in a marital property division
Personal bankruptcy or a creditor charging order
An outside party offering to buy one owner out
Loss of a professional license, for licensed practices
Three Basic Structures
Cross-purchase. The remaining owners individually buy the departing owner’s interest. Each owner typically holds a policy on each other owner. It gives the buyers a stepped-up basis but gets unwieldy fast past three owners.
Entity redemption. The company itself buys back the interest. Simpler to administer with several owners because the company holds one policy per owner, but the surviving owners get no basis increase and corporate-level tax issues can arise.
Hybrid or wait-and-see. The agreement gives the company the first option and the remaining owners the backup option, with the decision deferred until the trigger actually happens. This is often the practical choice when the tax picture may change.
Valuation Methods
The agreement should say exactly how the price gets set. Common approaches include an agreed value certificate updated annually, a formula tied to earnings or revenue multiples, a mandatory independent appraisal at the time of the trigger, or a book value method with defined adjustments. A business valuation that is credible under scrutiny matters both for the buyout price and for federal estate tax reporting.
How Utah Law Affects Your Succession Plan
The entity statute you formed under supplies the default rules that apply when your documents are silent. Defaults are almost never what an owner would have chosen.
LLCs. Utah limited liability companies are governed by the Utah Revised Uniform Limited Liability Company Act, Utah Code Title 48, Chapter 3a. Under the default rules, a transferee of a membership interest generally receives only the economic rights to distributions, not management or voting rights, unless the other members consent. That means an heir can end up with a check but no seat at the table, or with no ability to force a sale, depending on how the agreement is written.
Corporations. Utah corporations operate under the Utah Revised Business Corporation Act, Utah Code Title 16, Chapter 10a. Shares are freely transferable unless a shareholders agreement, the bylaws, or a legend on the certificate restricts transfer. Most family companies want restrictions; the statute does not supply them for you.
Probate. If an interest passes through a will rather than a trust or a buy-sell, it goes through probate under the Utah Uniform Probate Code, Title 75. Probate is public, it takes months, and the personal representative may lack authority to make fast operating decisions. Our article on how long probate takes if there is no will explains the timeline in detail.
Marital property. Utah is an equitable distribution state. A divorce can put a portion of a business interest in play, which is why divorce belongs on the trigger list in every buy-sell agreement.
Family Business Succession in West Jordan Utah
Family companies carry a problem that partnerships do not: fairness and equality are not the same thing. One child runs the business. Two do not. Leaving all three an equal share of the company guarantees conflict, because the working child sees the others as passengers and the others see the working child as taking a salary out of their inheritance.
Workable approaches include:
Equalize outside the business. Leave the company to the child who runs it and balance the other children with life insurance, real estate, or retirement assets.
Split voting and nonvoting interests. The operating child receives voting control; the others receive nonvoting economic interests with a defined path to be bought out.
Separate the real estate. Many owners hold the building in a separate LLC and lease it back. Non-operating heirs can inherit the property LLC and receive rent without touching operations.
Use a written family employment policy. Define who can work in the business, what qualifications are required, and how compensation gets set before the transition, not after.
Only a minority of family businesses survive into the second generation, and fewer reach the third. The difference is almost always whether the transition was documented and rehearsed years in advance.
Selling to a Third Party or to Your Employees
Not every owner has a successor in the family. Two alternatives are common.
Third-party sale. This requires two to three years of preparation: clean financial statements, resolved litigation, assignable contracts, documented processes, and a management team that does not depend on you. Buyers discount heavily for owner dependence. Expect a letter of intent, a diligence period, and a purchase agreement with representations, warranties, indemnities, and often an escrow holdback and a noncompete.
Management or employee buyout. Key employees usually lack cash, so these deals are financed with seller notes, earnouts, or a phased transfer of equity over several years. The seller carries risk until the note is paid, which makes security interests, personal guarantees from the buyers, and default remedies critical.
Disability and Emergency Succession
Owners plan for death and ignore disability, which is statistically more likely during working years. A complete plan includes a durable power of attorney that specifically authorizes business decisions, a written definition of disability in the buy-sell agreement with a waiting period, disability buyout insurance, and standing authority for someone to sign checks and payroll on day one.
Write an emergency succession memo and keep it where your family can find it: who to call, where the bank accounts are, who holds the passwords, which vendors must be paid immediately, and who has interim authority.
Tax Considerations in Business Succession
Tax drives structure. Coordinate every step with your CPA.
Federal estate tax. The exemption is indexed and has changed repeatedly. Confirm the current threshold with the IRS estate tax page before assuming your estate is exempt. Utah imposes no separate state estate tax.
Basis step-up. Assets held at death generally receive a basis adjustment to fair market value. Lifetime gifts carry over the donor’s basis. This single difference often decides whether to gift now or transfer at death.
Entity type. S corporations have shareholder eligibility limits, and a transfer to the wrong type of trust can terminate the election. Check eligibility before any transfer.
Insurance proceeds. How life insurance is owned affects whether proceeds are included in the estate and whether a corporate-owned policy creates alternative minimum tax exposure.
Valuation discounts. Discounts for lack of control and lack of marketability can reduce transfer tax value, but they must be supported by a qualified appraisal.
Five or more years out. Choose the successor path. Begin training. Clean up the entity records, minutes, and cap table. Set the valuation method.
Three to five years out. Execute or update the buy-sell agreement. Put funding in place while you are still insurable. Reduce owner dependence by documenting processes and building the management team.
One to three years out. Begin transferring authority, not just equity. Introduce the successor to the bank, key customers, and vendors. Renegotiate personal guarantees. Update the estate plan so it matches the business documents.
The final year. Complete the transfer. Confirm licenses, permits, insurance, and contract assignments carry over. Document the seller’s post-closing role, whether that is consulting, a board seat, or a clean exit.
Common Mistakes to Avoid
Relying on a template operating agreement downloaded years ago and never read since
Naming a successor verbally and never writing it down
Leaving the buy-sell unfunded
Failing to update the plan after a divorce, a death, a new partner, or a major growth year
Ignoring the difference between ownership and management
Assuming a will controls an interest that the operating agreement restricts
Waiting until a health event forces the conversation, when options narrow and leverage disappears
Now, regardless of your age. The plan takes three to five years to execute properly, and the events that trigger it are not scheduled. Owners who start early keep every option open; owners who start after a diagnosis have far fewer.
Does my will control what happens to my business?
Often not. Transfer restrictions in an operating agreement, bylaws, or shareholders agreement generally control over a will. If those documents conflict with your estate plan, the operating documents usually win and your family inherits a lawsuit.
How much does a business succession plan cost?
It depends on the number of owners, entity type, and whether valuation and tax planning are required. A buy-sell agreement for a two-owner company is a much smaller project than a multi-generational transfer with trusts and gifting. The cost of planning is consistently a fraction of the cost of litigation or a forced sale.
What happens if I have no succession plan?
The interest passes under your will or under Utah’s intestacy statutes, likely through probate. Surviving owners may be forced into partnership with your heirs, or your heirs may hold an interest with no voting rights and no buyer. Banks can call loans, and key employees leave during the uncertainty.
Can I keep the business in the family and still treat my children fairly?
Yes, but fairness usually requires equalizing outside the company rather than splitting it equally. Life insurance, real estate held in a separate entity, and nonvoting interests are the standard tools.
Do I need a new plan if I already have a trust?
You need the trust to actually own the interest and the operating agreement to permit that ownership. An unfunded trust and a restrictive operating agreement are the two most common reasons a plan fails at the moment it is needed.
Speak With a Business Succession Lawyer in West Jordan Utah
If you own a business in West Jordan, Utah and have not documented what happens to it when you stop running it, that is the gap worth closing this year. A Business Succession Lawyer West Jordan Utah owners can meet with will review your existing documents, identify the conflicts, and build a plan your family and partners can rely on.
Call attorney Jeremy Eveland at (801) 613-1472 for a free consultation on business succession planning, buy-sell agreements, and business estate planning.
Areas We Serve
We assist business owners throughout Utah, including West Jordan, South Jordan, Salt Lake City, West Valley City, Sandy, Draper, Riverton, Herriman, Murray, Taylorsville, Midvale, Bluffdale, Lehi, American Fork, Orem, Provo, Bountiful, Layton, Ogden, Park City, St. George, and Logan.
About West Jordan, Utah
West Jordan is a city in Salt Lake County, Utah, located in the southwestern portion of the Salt Lake Valley along the Jordan River. It is one of the largest cities in the state by population and supports a broad base of manufacturing, construction, retail, healthcare, and professional service businesses, many of them family owned and operated across multiple generations. Learn more about the city from West Jordan, Utah on Wikipedia.
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.
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.
Understanding Business Succession Lawyer Salt Lake
This guide covers Business Succession Lawyer Salt Lake and what you need to know.
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]
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]
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]
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
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]
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.
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]
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.
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 dictatorships, monarchies, 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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For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.
For legal assistance regarding Business Succession Lawyer Salt Lake, contact Jeremy Eveland. We handle Business Succession Lawyer Salt Lake cases and provide guidance on Business Succession Lawyer Salt Lake for clients.