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The concerns surrounding the transfer of an active company vary according to the evolution of the company.

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Survival phase
At the survival stage, the concerns and objectives of the owner are very short-term: s/he is concerned with immediate repercussions. At this stage, given that the value of the sale of the company would be insufficient to provide financial security for the family, planning will be directed more towards estate creation.
The purchase of life and disability insurance will be the foundation of any planning. The owner of the company will often be in debt and will have to purchase credit insurance to release his/her personal endorsement with the bank and other creditors.
Growth Phase
At the growth phase, the company enjoys a certain
financial stability and begins to be profitable.
The strategies of the company are directed more
towards the development of new products and
services in order to support the growth of profits.
A part of the debt is discharged, or about to be.
At this stage, it is important to seek qualified
personnel and to retain them.
Taxes become a concern. The losses incurred in the past having been
reclaimed, the benefits are now taxable. However, the tax rate of the company is still relatively low. The projects are still in the short- and medium-term, but the owner of company must face new concerns. In addition to the problems which were not completely resolved during the first phase, the owner must still ensure the continuity of the company in the event of his/her death or disability, or that of a key associate. The company still requires protection.
Short and medium term planning:
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Key person insurance |
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Buy-Sell agreement between shareholders, with life and disability
insurance |
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Employee benefit plans |
Maturity phase
At this stage, the question of the company’s survival
is not a major concern: the emphasis is now on
its prosperity. Normally the company carries
considerable surpluses. The debts, if there are any, are
long-term and they are sufficiently funded not to be a
source of major concern. However, the taxes are
much higher because of its extremely high revenue
and the company Is no longer eligible for the small business deduction.
Due to the increased stability of the established company, the owner can make long-term decisions. S/he can establish a broad outline of the placement of where the company will be in the future. The company can draw up plans for the current year based on a long-term strategy.
The role of the next generation can be taken into account. In order for a company to reach the maturity phase, it must be managed in an effective manner. The intermediate and higher executives have a more crucial role than in the earlier phases where the owner is implicated in all the decisions.
The company must be protected from the loss of a key person due to death or disability. The loss will have more impact at this stage of the development of the company since it does not have executives to manage the company.
Medium and long term planning:
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Remuneration and retention of key executives |
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Remuneration and tax strategies for the owner of the company |
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Income tax on capital gains |
Transfer Phase
In the transfer phase, we discuss the now
well-established company. Management does
not rest solely on the shoulders of the founder
but on tested senior executives who ensure
its daily management.
Generally, the owner’s children began their training
at lower levels with the possibility of taking charge of
the company.
Many questions are raised by the owner at this stage of his/her life:
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Will my children be able to grow the company ? |
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Will the company be the source of enrichment for my heirs or a
source of discord ? |
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How will I distribute my assets, between my children, in the most
tax-efficient manner ? |
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