Take part in our new Family Business Survey and have your say! Click here
For a number of years Legal & General (L&G) has conducted a range of research with owners of businesses of all sizes at different stages of their development and growth. More than ever before legal practices are undergoing significant change; in leadership, succession planning and business structure as the most tax efficient and flexible vehicle is sought.
The research demonstrates a continued lack of awareness of business protection, showing that Partners and Directors have still not fully evaluated the potential risks and the impacts that death and critical illness can have on their business.
For example, the L&G research shows that 53% of businesses would cease trading in less than 12 months if a key person died or became critically ill. This figure has increased from last year’s survey and the following provide further insight:
The L&G report reveals that 65% of businesses have some form of business debt and many of these have no insurance cover in place to repay the debt in the event of death or ill health of a key person. So if one these perils arises what happens if the bank recalls the loan? Is there sufficient capital accessible to repay it? Business Loan Protection can help support a business by repaying outstanding borrowings should something happen to the key personnel covered.
It is increasingly common for law firms to incorporate, but many Directors are unaware that that a Director’s Loan account needs to be repaid on death. This liability falls on the remaining co-owners, so thought and planning should be given towards how it will be repaid in the event of death.
Key person protection policies can help protect the profits of a business if key staff or significant fee earners die or become critically ill during the term of the policy. The benefit of this is that the funds could be used to support the business while a replacement is found, including locum, recruitment and training costs. Around half of businesses have no cover in place.
L&G’s research reveals that loss of key personnel would mean that:
SRA rules dictate that on death the shares can only he held by a lawyer, unless the firm is an ABS. Often the shareholders agreement will cater for the business repurchasing those shares, but is there capital available to do so?
A share protection policy is designed to cover the fair value of the shares of the business and to provide the remaining business owners with the funds required to purchase the shares from the deceased’s estate.
Armstrong Watson Financial Planning works alongside Armstrong Watson’s specialist Legal Sector team and recognises the unique challenges facing law firms and helps provide rounded solutions to the potential problems highlighted above.
For impartial, independent advice, please contact Justin RourkeCONTACT JUSTIN TODAY
If you like this article and would like our FREE updates sent straight to your inbox then subscribe to our monthly newsletterSubscribe
All content © 2015 Armstrong Watson. All Rights Reserved. Website by Simon Pighills.
Armstrong Watson LLP is a limited liability partnership registered in England and Wales, number OC415608. The registered office is 15 Victoria Place, Carlisle, CA1 1EW where a list of members is kept. Armstrong Watson Accountants, Business & Financial Advisers is a trading style of Armstrong Watson LLP. Armstrong Watson LLP is regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities.
Armstrong Watson Audit Limited is registered to carry on audit work in the UK and Ireland by the Institute of Chartered Accountants in England and Wales. Registered as a limited company in England and Wales No. 8800970. Registered office: 15 Victoria Place, Carlisle, CA1 1EW
Armstrong Watson Financial Planning Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number 542122. Registered as a limited company in England and Wales No. 7208672. Armstrong Watson Financial Planning & Wealth Management is a trading name of Armstrong Watson Financial Planning Limited. Registered Office: 15 Victoria Place, Carlisle, CA1 1EW