Latest / Financial Survival Network / Your Multi-Million Dollar Exit Plan -- Wayne Zell #5823
Transcript
- 0:00And that's what this is all about. It. It's basically saying that at
- 0:04some point in time, even if you're conducting a business that generates nice profits
- 0:08for you, everything's going to come to an end, either naturally or you're
- 0:12gonna want to get out. You're gonna want to retire, You're gonna want
- 0:15to do something else. You're listening to Carrie Let's Financial Survival Network, where
- 0:20you get valuable information you just can't find anywhere else to thrive in today's trying
- 0:25times. You need the Financial Survival Network now more than ever. Go to
- 0:31Financial Survival Network dot com and get your free newsletter and gift. Financial Survival
- 0:37Network now more than ever. Welcome you are listening to watching the Financial Survival
- 0:46Network. Have you ever been involved started a business, It succeeds and things
- 0:52are going really well, but you're ready to move on. Well, I'll
- 0:56tell you what that's happened to me. And I started a company. Well,
- 1:00I took over a family business many years ago. Should have had a
- 1:03succession plan from day one because I was working with the relatives who I preferred
- 1:08not to work with. But later on I kind of created my own exit
- 1:14plan sold it to my largest competitor and never looked back. But Wayne Zell
- 1:19is with us. Now, Wayne, you are a CPA and a fellow
- 1:26attorney. You've written a book, your multimillion dollar exit the entrepreneur is a
- 1:33business succession success planner, and we really appreciate you coming on Amazon bestseller.
- 1:40We might also add, so succession, when is the ideal time to create
- 1:47your success succession plan? Well, nice to be on the podcast with you,
- 1:52and it's it's great to meet you, Kerry. Yeah, the best
- 1:55time is at the beginning, at the beginning of your entrepreneurial journey. And
- 1:57if you don't do it at the beginning and you're way along, way far
- 2:01along on your entrepreneur entrepreneurial journey, then do it later on. But don't
- 2:08don't delay because you never know when something might happen unexpected disability or death that
- 2:15causes you to leave your family, your employees, your customers, your business
- 2:21in a state of turmoil without having to find what happens in those events.
- 2:25So start out with thinking about the unexpected and then of course plan for the
- 2:30expectant, and then you never know what's going to happen in the future.
- 2:32So doing business succession planning is an ongoing process, and it always starts at
- 2:38the beginning. But in the beginning, you're like setting up systems, you're
- 2:45finishing off your space, you're opening up your store, whatever it is.
- 2:49You've got like a million things. And I know for myself, when I've
- 2:53started businesses, I tend to put something like that on the back burner,
- 2:57saying I'll get to it because I got so many things to do. Them
- 3:00up to my elbows and alligators. You know, it's hard to get to
- 3:06get you to realize that this is really crucial to the success and eventual sale
- 3:12exit from your business, isn't it. Yeah. I mean the entrepreneurs focused,
- 3:17soul focused, and you deal with entrepreneurs. I deal with them all
- 3:21day long. Their focus is on the business getting it started. Yeah,
- 3:25the the initial startup phase. Okay, you don't have to have your business
- 3:29succession plan in place when you're you know, setting up the premises or you
- 3:34know, bringing on employees at the very beginning, but you should start thinking
- 3:38about it and then doing your planning once things start moving along is really critical.
- 3:44It's selfish, I believe, to not consider the fact that you've got
- 3:47other people relying on you if you're setting up a business, if you have
- 3:52a family, if you have a spouse, you have kids, if you
- 3:54have employees working for you, if you've got customers that you're servicing, how
- 3:59do you make sure that they're being taken care of as well as yourself?
- 4:02I mean, if what happens, if something happens to you, you become
- 4:05disabled, you're in an automobile accident, and you started up this business.
- 4:10Let me tell you a quick story. I had a guy who was starting
- 4:14up a government contracting business and he was doing very well. He was all
- 4:17the way up at seventeen million in revenue and doing very very well. But
- 4:21he had a long way to go to where he wanted to be in terms
- 4:25of selling the business. And one day I get a call out of the
- 4:29blue. It's right around New Year's and his son calls me and he says,
- 4:31hey, look, my dad passed away. What do you mean.
- 4:34He was fifty three years old. We were just starting in the business succession
- 4:39process. He passed away, and he was frantic. What do we do?
- 4:43How do we deal with the business. So we got together investors that
- 4:47he had brought into the business. Fortunately, they were very sophisticated people.
- 4:51We brought them into the business. I helped basically build a board of directors,
- 4:57and we were able to bring in a management team to run the business.
- 5:00And it worked out so that we grew the business by three times and
- 5:04sold it for thirty million dollars too. So it was you and I needed
- 5:09you. Lucky. We were lucky. I think we were lucky. And
- 5:12I think the biggest thing that he did that most people don't do is he
- 5:15surrounded himself with two people who were very sophisticated and very familiar with the industry,
- 5:20and they were minority investors in his business, so they had an incentive
- 5:25to help out the family and as well, you know, they wanted to
- 5:29help out, and so it worked out beautifully in the end for the family,
- 5:32not so well for the founder. But you never know what's going to
- 5:35happen. And that's it's planning for the future. So you know, like
- 5:42if you're bothering to do a business plan, and normally you should do that.
- 5:46It doesn't necessarily have to be a multi level presentation to bring in multi
- 5:53billion dollar investors, but you should always be doing a plan barebones at the
- 5:58least. Right had a section there for succession slash exit plan. You should
- 6:03always have an exit strategy in anything you get involved in. You buy a
- 6:08house, right, you buy a car, whatever it is, you always
- 6:12need an exit strategy exactly. And that's what this is all about. It's
- 6:15it's basically saying that at some point in time, even if you're conducting a
- 6:20business that generates nice profits for you, everything's gonna going to come to an
- 6:25end, either naturally or you're gonna want to get out, You're gonna want
- 6:28to retire, you're gonna want to do something else. And so I had
- 6:30a client come into me last week and he said, I've got this business
- 6:34and it was on his balance sheet, and his balance sheet was nice,
- 6:36yet twenty five million dollars net worth ten million was allocated to the business.
- 6:42I said, how did you come up with that number? He said,
- 6:44well, you know, I've had offers and I think I think that's what
- 6:46the business is worth. I said, okay, let's assume that it is.
- 6:49What's your exit plane? And he said, I don't really have one.
- 6:54I probably just wind the business down. I said, so you're basically
- 6:58taking ten million dollars away from your family off your balance sheet because he has
- 7:01kids, he's got a wife, and you don't care what happens, So
- 7:06that doesn't make sense to you want to plan to at least transition the business
- 7:13to your existing employees, sell it to a third party. There are lots
- 7:16of different alternatives, lots of different strategies, and we talk about all that
- 7:20in the book, and I think you need to spend that time because,
- 7:25yeah, you're tired. In the end, you may want to just get
- 7:27out and wind it down, but there may be a better alternative to preserve
- 7:31some value or enhance the value for the benefit of your family, your customers,
- 7:38your employees, and yourself. Hey, and let's not forget you're involved
- 7:43in a business. Day to day small business, it's extremely emotionally taxing.
- 7:47It's intense. You have challenges every day and it's easy to get burned out.
- 7:54Or you accomplish your goals, you're successful, and you want to move
- 7:58on to the next thing. So rather than having to think about it when
- 8:01you get to that point, if you've got that land in place, even
- 8:05if it's bare bones, hey you're that much further ahead. One thing you
- 8:09mentioned in the book is using a revocable trust and why it's important or an
- 8:16exit plan. How does that work? So what we've often seen is somebody
- 8:22dies owning their business, shares of stock in the business or an LLC or
- 8:28however it's structured when you pass away. In every jurisdiction in the United States,
- 8:33including the District of Columbia, there's a process called probate that people have
- 8:37to go through. So if you die owning your business in your own name,
- 8:41your a state, your executor is going to have to go through probate,
- 8:46which can involve not only disclosing the nature of the fact that you own
- 8:52this business, but the value of it has to be inventory and filed with
- 8:56a court, which is a matter of public record. So everybody's going to
- 9:00know what the value of the business was or is at the time of your
- 9:05death. And then you have an obligation, not you, your executor or
- 9:09whoever's your legal representative, has an obligation to take this through the probate process,
- 9:13which can take years and costs anywhere from two to five to eight percent
- 9:20of the value of the assets. Is it worth it to go through that?
- 9:22So what we do, and you know our firm does both the state
- 9:26planning and business planning, and so we combine the estate planning and the business
- 9:31planning and tell our clients at a minimum, set up a revocable trust,
- 9:35which means that you are the trustee, you are the beneficiary of the trust.
- 9:41You control everything. You don't have to ask anyone for permission. Just
- 9:45put the stock or the LLC interest into the trust. And then if you
- 9:50god forbidden, you pass away, or you become disabled, there's a successor
- 9:54trustee that can handle everything without going through living probate, which would happen if
- 10:00you were incapacitated, or death probate, which happens on your death, and
- 10:05save the money, save the time, and avoid public disclosure of all of
- 10:09this stuff. And it just makes handling the business at a minimum a lot
- 10:13easier than if you didn't have that trust in place. And put your business
- 10:18into the trust right away, so you're in control of it. Nobody else
- 10:22is in control of it. You don't have to ask for permission to do
- 10:26anything with the business. You as the trustee, will vote the shares of
- 10:28the stock or the LLC entrant to control. Got it, got it?
- 10:33Yea. It makes a state planning succession all those things far more easier.
- 10:39And you know, one thing I find, having been an entrepreneur myself or
- 10:45you know, fourth generation entrepreneur, and you know, you get involved in
- 10:52the business, you never really bother to think of who's going to run it
- 10:56after you besides succession, but management succession. Like I was in a family
- 11:01business. My father started it with my uncle. It was my brother and
- 11:05I, so the succession plan was already in place. We've been working in
- 11:09the business since we were like children. But for many of you entrepreneurs out
- 11:15there, you don't think about these things. Well, you know that's funny.
- 11:18Even if you and your brother were deemed to be the successors for your
- 11:22uncle and your father, who's in control of the business. How will the
- 11:26day to day operations work? So that's why we as part of the book,
- 11:31we talk about using a management succession plan, actually defining who is in
- 11:35charge of day to day operations, who reports to whom, and then setting
- 11:41up a mechanism that sort of oversees the day to day operators. So if
- 11:46you and your brother are operating at day to day, who's going to oversee
- 11:50the two of you to make sure that again, the ultimate beneficiaries the family
- 11:54are being taken care of in the long run. And in many cases it
- 11:58may not be necessary, maybe overkill, but I find that, for example,
- 12:03if there's a sole owner, somebody owns one hundred percent of the business,
- 12:05this becomes absolutely critical. And we just did one for a client last
- 12:09week where he hadn't even thought about it, and he's in his late sixties
- 12:13and he likes to jump out of helicopters for fun. So I'm just like,
- 12:18we better do this plan, and we better link it to the revocable
- 12:24trust that we draft in form as well. So the succession plan is something
- 12:28that the company adopts. The board of directors is named, the officers are
- 12:33named, their salaries are set out. We know exactly what they're going to
- 12:37get paid, so that they don't up and leave. In a family owned
- 12:41business, it may not be quite as difficult, or it may be even
- 12:43more difficult depending on the facts. And so you just want to make sure
- 12:46that you have all that documented and that the revocable trust which owns the business
- 12:52and whoever the successor trustee is, is bound by that, and that we
- 12:56have exit plans within the management success plans, So if you become disabled or
- 13:01die, we outline what happens over some period of time three months, six
- 13:05months, twelve months, and then what happens after that, and who controls
- 13:09those decisions and leaving it in the hands of one person who might be a
- 13:13trustee, who might be a spouse may not necessarily be the best for the
- 13:18business, the employees, or the customers. Yeah, yeah, can be
- 13:24very troubling and very emotionally unsettling, all those things for sure. So how
- 13:33would you define a successful exit plan for your business? What's the addition to
- 13:39that? Yeah, I think the a successful business succession plan incorporates, uh,
- 13:46your personal issues. So you've got to You've got to understand what your
- 13:50personal goals are and whether or not the business itself is going to generate the
- 13:56cash flows for you and your family to survive. So there there's a personal
- 14:00financial planning component to it. So you shouldn't be bringing in a financial planner
- 14:05to help you. You want to ensure family harmony. If it's a family
- 14:09owned business, what legacy do you want to leave are you dealing with all
- 14:13these issues? Is there a culture that you maintain in the business that you
- 14:18want to maintain for your employees and for your customers. If something happens to
- 14:22you, How does the community benefit from your business today, and how will
- 14:28it benefit tomorrow. These are all things, you know, minimizing taxes.
- 14:31I'm a tax lawyer by training, and you know, everybody's always focused on
- 14:37income taxes, but we also need to focus on a state taxes death tax
- 14:41that you know can be imposed on very large estates, but the exemptions from
- 14:46the estate tax fluctuate and they are scheduled to drop by half at the end
- 14:50of twenty twenty five. You know, all of these things factor into a
- 14:56successful business plan and then planning for what happens after you ex at the business.
- 15:00So the book, there's a chapter in the book that deals on what
- 15:03happens next after you successfully exited your business, because your life shouldn't end and
- 15:09doesn't end there, and so it's life is all about planning ahead. And
- 15:13so a successful business succession plan, in my opinion, is planning for the
- 15:18unexpected, having a good business plan that plans for an expected exit whatever that
- 15:24may be, retirement, sale, whatever, and then planning for the future
- 15:28after the exited business. Yeah, so that's a good question. So many
- 15:33of you out there, entrepreneurs, you can't even picture yourself, not going
- 15:39to the office day and day spending this twelve hour days. So what advice
- 15:45do you have for them? I think having an interest in life that you
- 15:50are passionate about is what you should pursue. So I am an entrepreneur too,
- 15:56and my passion is business succession planning for entrepreneurs. So I do spend
- 16:02ten to twelve hours a day, seven days a week, focusing on this
- 16:06because that's what inspired me to write the book, and so I'll probably keep
- 16:11doing this. But I do have interests outside of work. I have,
- 16:15you know, a future grandchild on the way. I've got four kids that
- 16:18I spend time with. I've got, you know, I've got a passion
- 16:22for music. I was a musician younger, at a younger point in my
- 16:26life, and so all of these things. And my spouse and I love
- 16:30to garden, and we love to go out on our lake. Create time
- 16:34for that. The other thing I do a lot of time is spending time
- 16:37on charity, devoting time volunteering for charitable endeavors. Everybody can't do everything.
- 16:44I also teach at the college level at George Mason University. So I think
- 16:48there, if you have passions, make time for your passions and create a
- 16:53schedule that allows you to do that while pursuing your passion for business. So
- 17:00do it while you're while you're building your business, because you may end up
- 17:03getting so focused on your business that you may forget other things that give me
- 17:07pleasure and passion as well. I've been there, done that, got the
- 17:11teacher, Wayne. Really a lot of wisdom here again. The book is
- 17:15You Are Multimillion Dollar Exit, the Entrepreneur's Business Succession Planner, and it's by
- 17:22Wayne Zell, Attorney, CPA. We appreciate you coming on Wayne. I
- 17:27you've got a question for Wayne or myself, shoot me an email Kyl at
- 17:30kryltz dot com. We'll get you a quick answer. While you're at the
- 17:34site Financial Survival Network dot com. You can click through right to wayne site,
- 17:40order the book, and hey, while you're there, sign up for
- 17:42your free newsletter. Just sent one out today. Wayne. Great luck with
- 17:47the book and we will definitely talk to you again. Thanks Carry, thanks
- 17:49for having me on the show. I appreciate it greatly. Thanks for listening
- 17:52to Carrie Letz's Financial Survival Network. Your solution to today's trying times. For
- 18:00the latest, go to Financial Survival Network dot com Financial Survival Network now more
- 18:06than ever,