Business Succession Planning

Business Succession Planning

Planning for the passing of a client’s business from one generation to another, or from one person to another, is among the most challenging of estate planning problems for both clients and lawyers.

Eric Hirschberg


Assisting the client with creating a plan that the client believes fairly treats all parties while achieving the client’s goals for the continuation of the business is difficult and requires thinking “outside the box”. We must take into account the value of the business, the experience of all parties involved, tax consequences, and more.

These agreements can be set up much like a “Buy Sell Agreement”, and should be reviewed and revised from time to time to make sure that the agreement still contains your wishes. Many times, we recommend that our clients actually review it on an annual basis at the Board of Directors meeting, and have it approved each year.

We have the knowledge and experience to assist the client who owns a business and wants the business to pass to his successor to prepare and implement a plan that will achieve the client’s goals.

Buying and Selling a Business

Both the buyer and the seller of a business have significant risks that most buyers and sellers do not fully understand and that they do not evaluate in making the decision to go forward with the sale. As a result, many such buyers and sellers are very disappointed with the results as they do not fulfill the clients’ expectations.

Working with our clients’ accountants, we provide to our clients the information they need to be able to understand the risks, costs and benefits of the proposed sale transaction and possible alternatives that will increase the likelihood that the clients’ goals for the transaction are realized. We prepare the documents that will give the client the legal rights to the benefits of the transaction that they are seeking and the tools to enforce those rights.

Other Transactions

We also can assist you with other business transactions you may have. Whether your transaction is routine or one of a kind, we have the knowledge and experience to efficiently assist you with the transaction and prepare the agreements and other documents you will need to achieve your goals.

Examples of business transactions that we have handled for our clients include the following: acquiring new equipment, furniture or a building, negotiating leases, stock purchase agreement, transfers of shares, employment contracts, confidentiality agreements, indemnity agreements, independent contractor agreements, non-disclosure agreements, sales agreements, guaranty agreements, license agreements, internet distributor agreements, minimum advertised price policies, and more.

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