Financial Intel Monthly

Equalizing Distributions to Children - Using a Shareholder Agreement

Jul 30, 2020 8:22:00 AM / by The Retirement Group (800) 900-5867

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What Is It?

Shareholder agreements are contracts that bind shareholders (partners in the case of a partnership) to a set of rules and restrictions regarding their ownership interest in a business. The rules and restrictions can be placed on shares of stock passed to your children as successors in interest as well, binding them to the terms of the agreement. Typically, the rules and restrictions apply to the sale or transfer of shares. The restrictions can grant you’re participating children the right to buy out your nonparticipating children if difficulties arise or if your nonparticipating children try to sell their shares outside of the family.

How to Do It

Establish Stock Restrictions

While you own the shares of your business, place restrictions on all shares of stock. If you are the sole shareholder, then there is no one else from whom you must seek consent.

Leave Stock to Your Children

Once done, leave your stock in equal shares to all of your children. Your children must accept the shares subject to the rules and restrictions. If your nonparticipating children interfere with business decisions or try to sell their stock outside of the family, your participating children will have the option to redeem the stock. Your participating children will end up with 100 percent of the business, and your nonparticipating children will end up with cash.

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Tip: Exceptions to the buy-out provisions are often added to protect certain types of shareholders, such as other participating children and younger children who have not yet decided whether or not to work in the family business.

Example(s): Ted owns a home heating oil business. He has several children between the ages of 20 and 45. Some of his children work in the family business, and some don't. He wants to leave the business in equal shares to all of his children, but he wants to allow his participating children to remain in control. He places restrictions on the shares of stock, providing that the company can redeem any shareholder's stock, but not if they are employed by or making a living in the company, under the age of 25, or a full-time student. He then transfers the stock to his children in equal shares. The restrictions allow Ted's participating children to maintain control over the business. If any of Ted's nonparticipating children attempt to interfere with business operations, the business can redeem their shares. However, the business cannot redeem the shares of a sibling who is making a living in the family business. Similarly, the business must allow younger siblings to obtain an education and explore their career alternatives before attempting to redeem their stock.

Provides Children with Equal Opportunities to Participate In Business Ownership

An advantage to this planning solution is that you give all your children an equal opportunity to share in the ownership and growth of the family business. Provided your children can cooperate and agree on matters requiring shareholder approval, there may never be a need to redeem any shareholder's stock. However, if problems arise, you have installed a system for resolving the conflicts.

How Difficult Is It to Implement?

This planning solution is fairly easy to implement. You will need the assistance of a corporate attorney to draft and document the shareholder's agreement (rules and restrictions). You may also want to seek advice about what restrictions to impose, given your unique set of circumstances.

Tax Considerations

Creation of the shareholder agreement is not a taxable event. If you transfer the shares of stock during your lifetime, you may be able to avoid estate taxes on the property that is transferred. However, the transfers may be subject to gift taxes. The advice of a tax attorney should be sought.

 

 

This material was prepared by Broadridge Investor Communication Solutions, Inc., and does not necessarily represent the views of The Retirement Group or FSC Financial Corp. This information should not be construed as investment advice. Neither the named Representatives nor Broker/Dealer gives tax or legal advice. All information is believed to be from reliable sources; however, we make no representation as to its completeness or accuracy. The publisher is not engaged in rendering legal, accounting or other professional services. If other expert assistance is needed, the reader is advised to engage the services of a competent professional. Please consult your Financial Advisor for further information or call 800-900-5867.

 

The Retirement Group is not affiliated with nor endorsed by fidelity.com, netbenefits.fidelity.com, hewitt.com, resources.hewitt.com, access.att.com, ING Retirement, AT&T, Qwest, Chevron, Hughes, Northrop Grumman, Raytheon, ExxonMobil, Glaxosmithkline, Merck, Pfizer, Verizon, Bank of America, Alcatel-Lucent or by your employer. We are an independent financial advisory group that specializes in transition planning and lump sum distribution. Please call our office at 800-900-5867 if you have additional questions or need help in the retirement planning process.

 

The Retirement Group is a Registered Investment Advisor not affiliated with FSC Securities and may be reached at www.theretirementgroup.com.


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