Tweak Your Biz » Finance » What happens if your Business Partner Dies?

What happens if your Business Partner Dies?



1080946_sad_silhouetteI know; it’s all very morose, isn’t it? The mere thought of loosing someone that you trust and work with on a daily basis is pretty harrowing. Leaving aside the emotional trauma for a moment, have you ever considered what the future impact on your business would be?

The Partnership Act 1890 stipulates that a partners share of the business becomes a ‘debt’ to their estate at the date of their death. So, depending on the market value of the business, the surviving partner/s may have to come up with a substantial amount of money; if they want to retain control of the business. Of course, an alternative might be allow the deceased partners spouse/representative to step into their shoes, but would this constitute good business practice?

In addition, we are all aware of how difficult it is to borrow money at the moment, so going cap in hand to your bank looking for a substantial loan may not be an option open to you. All the more so, if your business is in a down-ward cycle.

This is where ‘Partnership Insurance’ can help you and the deceased partners next-of-kin. You can ‘Insure’ the value of each partners share in the business so that funds are available to deal with the ‘debt’ that will be owed to the estate of the deceased partner. I’m not going to go into the technical structure of this type of agreement here, but suffice to say that it will require input from your financial advisor/s and legal representative/s.

Being in business with someone is like being ‘married’ to them and their next-of kin. We have little or no hesitation in taking out life insurance on our spouses but; when it comes to our business partners we sometimes forget the consequences for our businesses and our deceased partners family.

Should we give ‘partnership insurance’ the consideration it deserves?



The Author:

I am a Financial Advisor who is authorised to provide broad based financial advice in relation to PRSA's, Pensions, Life Insurance and other Insured Investment Products in Ireland. Special Focus: Low-Cost 'Execution Only' Financial Products http://www.investandsave.ie

Add Your Comment

  • Anonymous

    Hi,

    Good article, would be interested to hear more. things that I would like to know more about are:

    Creating a community experience.
    Attracting the community and earning their respect for your brand.

    Cheers,

    Joe

  • http://www.yaboya.com/ Paul McAvinchey

    Thanks Joe. Looking forward to looking further into this with you.

    Paul

  • http://www.sianphillips.ie Sian Phillips

    Great blog post Gerard. Thankfully this was something that my financial advisor brother advised Barbara and myself when we became partners in Whatswhat.ie. We took out an insurance then and must admit it does make us rest easy knowing the business and our families are covered in case of anything happening to either of us. I recommend everyone in a partnership to look into this.

  • http://www.btbtraining.com/blog Niall Devitt

    Gerard, great post. This is an important subject but one that few of us like to talk about or consider. In your opinion, is it something that needs to be factored @ the start-up stage (1-3yrs)?

  • http://blog.myprojecttracker.com Barney Austen

    Great post Gerard. Hadn’t even thought about! Assume that this applies to a limited company also where there are two or more principle shareholders. Need to look at this at some point. Cheers.

  • Anonymous

    Niall,

    IMHO it should be done at the outset of setting up the partnership and should form part of any partnership agreement that is in place. I understand that it may be difficult to put a ‘value’ on each partners share at this stage but you would have to be reasonable about it and probably review it every so often. You can always buy more insurance cover at a later date.

    Barney,

    The idea is the same for Company Directors. You can also do this type of transaction for ‘Key Men/Women’ within an organisation as long as the employer can show that they would suffer a financial loss should a ‘Key’ member of the organisation die.

    I hope this helps. If you want to tease it out a bit more, just ask. I may not have all the answers to hand, but I know where to get them :)

  • http://www.channelship.ie/blog/ fred

    Good post Ronan. Welcome to Bloggertone!
    While I was reading your post I could’t stop thinking of the exact same situation that goes on between the Sales and Marketing departments in several companies. These are departments that should definitely work together and feel part of the same team but there’s always seems to be this battle… for no reason.
    Many Marketing department can hugely benefit from valuable feedback provided by sales people at all levels. At the same time, if Marketing explained the goals and the big picture in plain English to the sales guys, everything would be much easier.
    I guess the person in procurement or the Manager is probably the one that needs to make the first move maybe..

    Best
    Fred

  • http://www.btbtraining.com/blog Niall Devitt

    Hi Ronan, Welcome to Bloggertone! I was lucky enough to hear yourself and David Coffey speak about how the procurement process is evolving earlier this year. I have to admit it was one of the most insightful presentations I attended in 09. For two long, salespeople have operated a “them and us” attitude towards procurement managers. I am in full agreement with you that salespeople often “fail to recognise the role procurement managers play within the target organisation” For salespeople to succeed, this is a situation that now needs to change. Great to have you on board and looking forward to the series. Regards, Niall

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