Selling Your Business in a Weak Economy

The stock market is crashing. Governmentcapital gains tax on your sale indefinitely. But, who
bailouts are rampant. The political climate iswants to put their money in the stock market
uncertain. Credit has all but disappeared for readythese days? And, since credit has tightened so
buyers if you can even find one. Yet, yourmuch in the last year, it's very difficult to find
dreams of retirement remain. What can you do?lenders who will fund 100% of the transaction.
There is an answer that you may haveFinancing is still available for a portion of the
overlooked. By understanding the power of antransaction depending on the collateral position of
ESOP you could be well on your way to yourthe company, but in most cases it's more
retirement in the next 90 days.attractive for you to be the banker yourself and
An ESOP (Employee Stock Ownership Plan) is aavoid all the red tape that goes along with dealing
tax-advantaged vehicle that enables you to sellwith banks these days. This structure allows you
your business to your employees. This programto collect the interest income rather than paying it
was established by Congress in 1974 and todayto the banks.
there are about 12,000 ESOP owned companies.Why should I finance the sale of my own
Many business owners have either never heard ofcompany? Typically, if you were dealing with a
an ESOP or have a misunderstanding of how itthird party buyer, it would not make much sense
works. Here are some common misconceptionsat all. It would be like loaning several million dollars
along with solutions to your dilemma.to someone you don't know and also giving up
My employees can't afford to buy my companycontrol of your company. But, with an ESOP, you
and they are not "ownership material." In reality,still control the company, and by remaining in
an ESOP doesn't cost your employees anything.control you can assure that you get paid in a
The ESOP is created which buys your stock. Yourtimely manner. You can structure the loan terms
employees are beneficiaries of the ESOP. Thehowever you want, and if the company should
ESOP distributes stock to your employees' ESOPhave a bad month you have the ability as the
accounts each year based on their percentage oflender to delay or defer a payment rather than
the overall payroll. The employees continue torisk a default on a bank loan. The biggest question
perform their regular duties and answer toto ask yourself is "What would I be doing with
management as they currently do. They do notthe money if I got cash?" If you are truly selling
have general voting power or control of how theto retire you are likely going to put it somewhere
company is managed. An employee's ESOPsafe to generate retirement income. You could
account is like a free retirement account thatput it in the bank and maybe get 5% interest, but
they earn by loyal service to the company. Whenbanks aren't doing so well these days as we have
they retire or leave after becoming vested theyseen in the news, and the FDIC only insures
take the value of their account with them. Manyaccounts up to $100,000. By leaving your money
companies with "blue-collar" employees areinvested in the company that you have spent a
ESOP-owned.lifetime building, you know that as long as you are
I want to retire in the next few years. Who isin control it is secured by something of value.
going to run the company? The beauty of anAnd, by properly structuring your finance package
ESOP is that you can "have your cake and eat itto include trustee compensation, stock options,
too". An ESOP allows you to create a definite exitand other perks, your rate of return can exceed
strategy while letting you remain in the control of30% rather than 5% at the bank.
the company for as long as you like. As TrusteeHow long does it take to set all this up? As the
of the ESOT you continue to run the company asbanker, you would avoid a great deal of time and
you do right now and you continue to draw aexpense by not dealing with an outside bank.
salary. You are still the boss even though youDynasty Capital Advisors will analyze your
don't own the company. Your goal will be to workcompany, prepare a Feasibility Study for the
yourself out of a job so you can begin yourESOP, prepare all plan documents, coordinate
retirement. That is accomplished by eitheroutside professionals such as an independent
grooming one of your senior employees to takevaluation expert and the Trust attorney, and
your place or by hiring a qualified replacement asclose the sale to the ESOP in less than 90 days.
a manager. That can happen within months ifWill I get my price? A sale to an ESOP is always
you're anxious to leave or you can stage theat fair market value as established by an
transition over several years. The bottom line isindependent valuation. This means that you will
that it is always your choice.receive the highest price possible that can be
Who is the buyer? That's the great thing aboutsupported by factual data. You don't have to deal
selling to an ESOP. You don't need a buyer. Thewith buyers who will try to beat you down on
ESOP is the entity that is created to buy youryour price. Dynasty Capital will provide you with a
stock. You can create your exit strategy todayvaluation that will come within 5% of the final
by enlisting the help of Dynasty Capital Advisors.price for your review at no cost.
They specialize in setting up an ESOP and theyHow can I find out if this is right for me? Dynasty
take care of all the details.Capital Advisors will prepare a Pre-Feasibility Study
Where does the money come from? Now we'reat no cost for you to determine whether an
getting down to the real purpose of this article.ESOP is right for your company. You will receive a
Typically, specialized ESOP lenders would fund thefree stock valuation to help you decide if the
entire transaction and you would get a big checkmoney is right. You will also receive an
at closing. One downside was that a portion ofInvestment Analysis that will show the benefits of
that check was pledged back to the lender tofinancing the transaction. There is no obligation for
help secure the loan. One of the main benefits ofyou to explore the benefits of an ESOP
an ESOP is that you can take that cash andtransaction.
reinvest it in stocks and bonds and defer the