Stuart Sorkin is a lawyer and CPA who spent many years working for large accounting firms before starting his own law practice. His broad range of experience allows him to see how tax, financial, and estate planning are intertwined and become extremely important when selling a business. He took everything he learned working with large clients on business plans and estate planning and co-wrote a book called “Expensive Mistakes When Buying and Selling Companies.”
If you listen, you will learn:
Top mistakes made when buying or selling a business
The importance of exit and post-acquisition planning
How estate planning and the sale of the business are intertwined
What is a Monte Carlo Analysis and how it can help with exit planning
How key employees can increase the value of the business
Keeping an up-to-date due diligence library will make the sale and transition easier
The six ways an entrepreneur can exit their business
Planning, Planning, Planning
“Every entrepreneur exits his business in one of six ways,” says Stuart. “He sells it to family, he sells it to management, he sells it to a third party, he becomes an absentee owner, it gets liquidated, or he dies.”
This is where planning comes in. If a business owner chooses not to have an exit plan that involves one of the first four choices, then the company will either be liquidated someday or they will die working in the business. An exit plan includes planning for the sale as well as post-acquisition.
What is your real number? What are you going to do with the rest of your life? Stuart explains that many entrepreneurs have an inflated view of the value of their business and do not understand what needs to be done to fulfill their long-term financial plans. A vague exit strategy will set the deal and their life after business up for failure.
Tax and estate planning are a part of financial and exit planning. Estate planning is big in family business scenarios. “It is not what you leave your kids, it’s how you leave it to you kids,” states Stuart. A business owner can save a lot in taxes or save their family that burden if they set up their plans ahead of time and look at all implications.
Stuart stresses that one of the most important things is to have someone that is the quarterback and makes sure the right people are involved at the right time. You need to have someone who knows how these deals are run and how to set yourself up for success.
Become An Absentee Owner
Stuart gives the advice that business owners should have a plan that includes striving toward becoming an absentee owner to get the most value from their business. It is all about transferable value. How easy would it be for a seller to come in and take over operations?
Smart owners bring in key employees or partners to handle areas of the business they are not necessary the most skilled at and also teach them to run the business without them. These key employees become essential in a successful acquisition.
“By locking up your employees before you are in acquisition mode, you also increase the likelihood of success,” says Stuart.
Get Ready for Due Diligence
A business owner has to act like they are selling their business at any time. Having a due diligence library is part of this process. If someone would come with an offer tomorrow then everything would be ready. All the corporate records, annual minutes, financial statements, projections, etc. should be kept in one place and updated annually with the correct information.
When you have to gather everything