19 June 2013
Shareholder Protection
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For many business owners running a company is a time consuming and complex affair and very often little attention is paid to what could happen if a shareholder dies or becomes seriously ill.

In the interests of financial security, business stability, and continuity - particularly for private limited companies where there may only be a small number of principal shareholders - it is essential to provide a safety net following the loss of a shareholder:

  • Shares may go to the deceased’s family, which has no interest in the business and would prefer a cash sum
     
  • The company or other shareholders will want to retain control by buying lost shares - but may not have the resources to do so
     
  • The shares may be taken over by someone who does not share the company’s objectives - and may even be a competitor

The correct Insurance Policy allows for sufficient funds to be available in the event of the death or serious illness of a shareholder. This ensures that the company can continue to operate unhindered while the ongoing shareholder or their family receive fair compensation. It provides documentation to enable the surviving shareholders to receive the funds free of tax.
 

Benefits for shareholders

In the event of a shareholder’s death or serious illness, one of the most important things to your business is to ensure continuity. Shareholder Protection sets out the procedures and policies to help ensure that you retain control, and have the necessary funds to do so:

  • Arrange for the most appropriate transfer of shares to surviving shareholders, or the company, at a fair commercial price
     
  • Set up insurance policies to provide the funds to purchase the shares
     
  • Avoid having to draw on funds set aside for other purposes
     
  • Prevent the sale of shares to hostile parties, or competitors
     
  • Documentation to enable all transactions to be made tax-efficiently
     
  • Ensure the dependants of the critically ill or deceased shareholder are financially secure
     
  • Maintain business stability and continuity
     
  • Retain confidence of employees and customers


This article (Shareholder Protection) is intended to provide a general appreciation of the topic and it is not advice.

For more information on this aspect of "business protection", please contact APC Financial Solutions & Consultancy Services Ltd on 0141 333 0757 or email us at infoapcfinancial.co.uk. We will be happy to assist you.
 
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