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Bi-monthly Perspective on Market Movements - Dec 5 2015

12/6/2015

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Business Buy-Sell Agreement - Part III. Fund Buy-Sell Agreements

12/5/2015

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In our last blog post, we discussed how does the buy-sell agreement works with two different approaches.  Now we will discuss the funding of buy-sell agreements with life insurance.

Life insurance is an ideal funding source for a buy-sell strategy that is triggered by the death of a business partner.  It is often the most affordable option when compared to a bank loan, a sinking fund, or an installment sale, and the death benefit provides liquidity precisely when the need arises: the death of a business owner.

Further, a permanent life insurance policy can accumulate cash value that can help fund a buy-out strategy upon retirement.

Next, we will discuss the benefits of buy-sell agreements.
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Business Buy-Sell Agreement - Part II. How Does It Work?

12/4/2015

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In our last blog post, we introduced the idea of buy-sell agreement for business owners.  Now we will discuss how does a buy-sell agreement work.

First, an attorney should be used to draft a buy-sell agreement, which is signed by both the business owner and the projected buyer.  A buy-sell agreement is most commonly structured as either a cross-purchase or an entity-purchase arrangement.  

Cross-purchase Approach
In the cross-purchase approach, individual business owners purchase life insurance policies on the lives of all other business business owners.  It generally works best when there are three or fewer business owners of relatively equal age and health status, all of whom can be depended upon to make timely premium payments.  A cross-purchase approach also provides the most favorable tax basis for the purchasing owners.

Entity-purchase Approach
In the entity-purchase approach, the business purchases policies insuring the lives of each business owner.  This strategy is simpler for businesses with greater than three owners, and it equalizes premiums paid for individuals of varying ages and health classes.  Although premiums are not tax-deductible, the death proceeds are received income tax free.

In our next blog post, we will discuss the funding of buy-sell agreements.
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Business Buy-Sell Agreement - Part I. What Is A Buy-Sell Agreement

12/3/2015

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Q. What is a buy-sell agreement and why it matters to me as a small business owner?

A.
As a successful business owner, a funded exit strategy can help you harvest the value of your business when you leave the company.

A buy-sell agreement selects a buyer, the purchase price and a funding source for the future sale of your business.  It can be triggered at retirement or in the event of your death or disability, and it helps to ensure that you and your family will be financially secure.

In next blog post, we will discuss how does a buy-sell agreement work.
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3 Key Questions All Business Owners Should Ask Themselves

12/2/2015

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Q. I own a small business, how should I approach the exit plan?

A.
According to a LIMRA survey, 76% of small business owners understand the importance of having a business succession plan; yet only 35% actually have a plan in place.

To get started, every business owner should ask the following 3 questions:

1. What's my exit strategy?
  • If the answer is I don't have one, it's time to develop one now.
  • If the answer is I already have one. move to question 2 below.

2. Is it in writing?
  • If the answer is No, then there is a potential problem because handshakes or gentlemen's agreements are not generally enforceable in the court.
  • If the answer is Yes, move to question 3 below.

3. How is it funded?
  • If the answer is No, then it's time to develop a funding strategy.
  • If the answer is Yes, then review if it's out of date.

If you are a small business owner and want to have a free review of your trusts, buy-sell agreements and other advanced planning materials, please contact us, we will find an expert to do it for you at no cost.

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Resources for Pension Help

12/1/2015

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Q. How to find my spouse's pension information?  Where to find help if I have a question about a retirement plan?

​A.
If you want to track down a missing pension, you can use the "Find an Unclaimed Pension" tool at PBGC.gov, you can search by last name, company or state.

You can visit PensionHelp.org if you have a question about or a problem with your retirement plan.


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