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Showing posts with label drug store. Show all posts
Showing posts with label drug store. Show all posts
Monday, December 9, 2013
Wednesday, February 8, 2012
Estate Planning for Pharmacy Owners in Nevada
By Brad MacLiver
Authorship and profile at Google
With the current market conditions many NV pharmacy owners are experiencing lower profit margins and have considered selling. A pharmacy industry roll-up inNevada has been occurring for a number of years, consolidating the pharmacy seller’s customer traffic into fewer pharmacy locations. However, there are a number of pharmacies that are not in a geographic location with other nearby pharmacies, so consolidation can’t take place. Some pharmacy and drug store owners, despite where they are located or what is happening in the industry, have taken a stance and won’t consider selling. However, just like paying taxes, an exit of the business, is eventually inevitable.
Estate Planning is a topic many people, in all industries, shy away from. For the pharmacy owner who works 6 days a week, takes very few vacations, fills scripts all day, then mops the floor and does the books at night, there usually isn’t much time to consider additional things such as estate planning. However, knowing that there will eventually be a transfer of the business, it is important for the pharmacy owner to consider a proper succession plan for the pharmacy business.
Developing a plan to transfer the business will be time consuming, but done correctly will allow the business to be successfully transferred in an acceptable manner. An estate plan for aNevada pharmacy owner does not need to be changeless process. Fine-tuning, updating, and amendments are recommended as government regulations, economic conditions, and personal expectations change.
Estate planning enables a pharmacy owner to anticipate and plan for the transfer of the drug store. The plan will be formatted in a way that attempts to eliminate uncertainties, assist the transfer by trimming expenses, and reduce taxes.
Trusts, Wills, Living Wills, Power of Attorney, Medical Power of Attorney, Business Valuations, Life Insurance, Charitable Remainder Trusts, Buy-Sell Agreements, and other legal documents may become involved during the process. The variety of aspects to estate planning are there to provide the pharmacy owners inNevada with coordinated directives.
It is essential that when non-family members exist as partners in a drug store business, the estate planning incorporate a Buy-Sell Agreement. The buy-sell agreement governs the transfer of the pharmacy business between its partners. The agreement may also called a business will or a partner buyout agreement. In order to protect the owner's family in the event of a partner’s death, the buy-sell agreement is often funded with a life insurance policy.
Setting up a buy-sell agreement, planning an estate, and transferring of the Nevada pharmacy should involve a pharmacy business valuation completed by a third party that has expertise in the pharmacy industry, handles a large number of pharmacy business valuations every year, and has recent, up-to-date industry data as a basis for the conclusions. Utilizing simple accounting formulas or multipliers with valuators inexperienced in NV pharmacy does not provide an accurate business valuation.
Most pharmacy owners spend a major part of their life building the business. The efforts should not disappear because the pharmacy owner refuses to accept their mortality and plan accordingly. The only pharmacist in some small pharmacies is the owner. If the scripts can’t be filled by a licensed pharmacist then by law the customer files must be transferred to another pharmacy. Due to this, aNevada pharmacy’s business value may drop to a negligible figure in just a few days after the passing of the owner. Contingencies outlined in an estate plan should address this issue. Unfortunately due to not having an effective plan in place, each year a number of pharmacy owners die and their family is left with an asset with very little value.
Tips:
1. When the family drug store is the sole means of income for several family members it becomes even more crucial to have a succession plan in place.
2. To avoid disputes, estate plans should be developed with clear directives.
3. Minimizing tax liabilities is a major objective for most completing an estate plan, therefore expert tax advice should be sought.
4. Many on-line documents and books are available that provide advice and documents for developing an estate plan. When going the self-help route, it is advisable to have a paid expert review the completed documentation to ensure that it can be legally complied with when the time comes.
5. While developing the estate plan it is essential to talk with children and other family members of the NV pharmacy owner especially if there are some family that work in the business and others that don’t.
Authorship and profile at Google
With the current market conditions many NV pharmacy owners are experiencing lower profit margins and have considered selling. A pharmacy industry roll-up in
Estate Planning is a topic many people, in all industries, shy away from. For the pharmacy owner who works 6 days a week, takes very few vacations, fills scripts all day, then mops the floor and does the books at night, there usually isn’t much time to consider additional things such as estate planning. However, knowing that there will eventually be a transfer of the business, it is important for the pharmacy owner to consider a proper succession plan for the pharmacy business.
Developing a plan to transfer the business will be time consuming, but done correctly will allow the business to be successfully transferred in an acceptable manner. An estate plan for a
Estate planning enables a pharmacy owner to anticipate and plan for the transfer of the drug store. The plan will be formatted in a way that attempts to eliminate uncertainties, assist the transfer by trimming expenses, and reduce taxes.
Trusts, Wills, Living Wills, Power of Attorney, Medical Power of Attorney, Business Valuations, Life Insurance, Charitable Remainder Trusts, Buy-Sell Agreements, and other legal documents may become involved during the process. The variety of aspects to estate planning are there to provide the pharmacy owners in
It is essential that when non-family members exist as partners in a drug store business, the estate planning incorporate a Buy-Sell Agreement. The buy-sell agreement governs the transfer of the pharmacy business between its partners. The agreement may also called a business will or a partner buyout agreement. In order to protect the owner's family in the event of a partner’s death, the buy-sell agreement is often funded with a life insurance policy.
Setting up a buy-sell agreement, planning an estate, and transferring of the Nevada pharmacy should involve a pharmacy business valuation completed by a third party that has expertise in the pharmacy industry, handles a large number of pharmacy business valuations every year, and has recent, up-to-date industry data as a basis for the conclusions. Utilizing simple accounting formulas or multipliers with valuators inexperienced in NV pharmacy does not provide an accurate business valuation.
Most pharmacy owners spend a major part of their life building the business. The efforts should not disappear because the pharmacy owner refuses to accept their mortality and plan accordingly. The only pharmacist in some small pharmacies is the owner. If the scripts can’t be filled by a licensed pharmacist then by law the customer files must be transferred to another pharmacy. Due to this, a
Tips:
1. When the family drug store is the sole means of income for several family members it becomes even more crucial to have a succession plan in place.
2. To avoid disputes, estate plans should be developed with clear directives.
3. Minimizing tax liabilities is a major objective for most completing an estate plan, therefore expert tax advice should be sought.
4. Many on-line documents and books are available that provide advice and documents for developing an estate plan. When going the self-help route, it is advisable to have a paid expert review the completed documentation to ensure that it can be legally complied with when the time comes.
5. While developing the estate plan it is essential to talk with children and other family members of the NV pharmacy owner especially if there are some family that work in the business and others that don’t.
Thursday, August 11, 2011
Buy-Sell Agreements for Pharmacy Owners in Nevada
By Brad MacLiver
Authorship and profile at Google
When a NV pharmacy is owned by two or more people the stockholders/partners should have a Buy-Sell Agreement. A buy-sell agreement is a written document that provides the procedures and governs the future sale of the pharmacy business.
Nevada pharmacy buy-sell Agreements protect the interest of the parties who own the pharmacy in NV and directs the actions triggered by a stockholder leaving the business due to death, disability, divorce, dissolution, or retirement. The agreement will govern how and when the shares of the pharmacy business can be sold, or transferred. It will also provide guidance as to how the pharmacy will be valued along with the obligations of the remaining shareholders of the NV pharmacy.
Buy-sell agreements are important because the different elements of a future sell are predetermined and won’t need to be negotiated during a heated dispute, or during a grieving period. It provides both the stockholder and the family a comfort level that when the inevitable time comes for an exit strategy that the process was thoroughly thought out in advance.
Disadvantages of not having a buy-sell agreement between pharmacy owners in Nevada is that a disability may leave one partner working more and another not adding to the productivity. In the event of a death, without an agreement, one partner may be left with a nonproductive heir, or a new partner may be inserted that has personality conflicts with the surviving partner. The wrong partner could be devastating for the NV pharmacy business.
There are various types of buy-sell agreements such as: Entity Buy-Sell Agreement, Cross-Purchase Buy-Sell Agreement, Wait and See Buy-Sell Agreement, Disability Buy-Sell Agreement. Buy-sell agreements are also known as a Business Will or a Buyout Agreement.
Potential elements of a Nevada Buy-Sell Agreement: 1. The names of, voting rights, and quantity of shares belonging to stockholders.
2. Guiding procedures for the certified pharmacy valuation and potential purchase of a stockholder’s shares.
3. Mutual covenants and considerations.
4. Restrictions on the transferring, purchasing or encumberingNevada pharmacy’s stock.
5. Established protocol in the event of a shareholder’s death, disability, or divorce from a shareholders employment.
6. Obligation to buy/sell shares from an estate.
7. Purchasing of insurance to ensure obligations are met.
8. Purchase of stock paid either in one lump sum or in instalments.
9. Remedies for either a breach of the agreement or default of payment.
10. The right to inspect books and records until transfer has been completed.
11. Notices and amendments and for legal matters or offers.
12. The ability to enforce the agreement, its binding effects, and arbitration procedures for any disputes.
13. Process for dissolution, or liquidation, of the corporation.
14. Maintaining the premises during a transition.
15. Preserving representations and warranties.
16. The terms of transfer.
17. Bill of Sale.
To ensure that the money required is available, buy-sell agreements are often funded with a life insurance policy. Should the death of one of pharmacy owners occur, the life insurance settlement will provide the funds for the remaining pharmacy owner inNevada to buyout the partners shares from the estate.
Life insurance coverage for each partner needs to be in place, because without a way to accomplish the purchase of the NV pharmacy shares the buy-sell agreement will not be functional. As the business grows and develops the amount of insurance need to be adjusted to provide an adequate coverage. Without the insurance the surviving stockholder may not have enough cash to satisfy the amount required to buy out the estate - leaving the survivor with an unwanted partner.
To have the adequate insurance coverage and to determine the specifics of the buy-out terms, a certified pharmacy business valuation is needed. There are a large number of companies that provide business valuations. Due to the dynamics and current market conditions of theNevada pharmacy industry a valuation firm should have extensive pharmacy experience. Simple accounting formulas and multipliers will not provide an adequate, or realistic, valuation for a NV pharmacy business.
NV Pharmacy buy-sell agreements are extremely important documents that need to be completed with seriousness and care. Even with a long standing partnership, it is only too late to create a buy-sell agreement when an event has already occurred....that would require the document.
Tips for Nevada Pharmacy & Drug Store Owners:
1. Buy-Sell Agreements are critical documents that should not be taken lightly. Consult a licensed professional.
2. Documents must address the proper laws and regulations which vary from state to state. Seek the proper guidance.
3. Premiums for insurance that will fund the buy-sell agreement might be deductible.
4. Ensure that theNevada pharmacy valuation is performed by an established NV pharmacy industry expert.
Authorship and profile at Google
When a NV pharmacy is owned by two or more people the stockholders/partners should have a Buy-Sell Agreement. A buy-sell agreement is a written document that provides the procedures and governs the future sale of the pharmacy business.
Nevada pharmacy buy-sell Agreements protect the interest of the parties who own the pharmacy in NV and directs the actions triggered by a stockholder leaving the business due to death, disability, divorce, dissolution, or retirement. The agreement will govern how and when the shares of the pharmacy business can be sold, or transferred. It will also provide guidance as to how the pharmacy will be valued along with the obligations of the remaining shareholders of the NV pharmacy.
Buy-sell agreements are important because the different elements of a future sell are predetermined and won’t need to be negotiated during a heated dispute, or during a grieving period. It provides both the stockholder and the family a comfort level that when the inevitable time comes for an exit strategy that the process was thoroughly thought out in advance.
Disadvantages of not having a buy-sell agreement between pharmacy owners in Nevada is that a disability may leave one partner working more and another not adding to the productivity. In the event of a death, without an agreement, one partner may be left with a nonproductive heir, or a new partner may be inserted that has personality conflicts with the surviving partner. The wrong partner could be devastating for the NV pharmacy business.
There are various types of buy-sell agreements such as: Entity Buy-Sell Agreement, Cross-Purchase Buy-Sell Agreement, Wait and See Buy-Sell Agreement, Disability Buy-Sell Agreement. Buy-sell agreements are also known as a Business Will or a Buyout Agreement.
Potential elements of a Nevada Buy-Sell Agreement: 1. The names of, voting rights, and quantity of shares belonging to stockholders.
2. Guiding procedures for the certified pharmacy valuation and potential purchase of a stockholder’s shares.
3. Mutual covenants and considerations.
4. Restrictions on the transferring, purchasing or encumbering
5. Established protocol in the event of a shareholder’s death, disability, or divorce from a shareholders employment.
6. Obligation to buy/sell shares from an estate.
7. Purchasing of insurance to ensure obligations are met.
8. Purchase of stock paid either in one lump sum or in instalments.
9. Remedies for either a breach of the agreement or default of payment.
10. The right to inspect books and records until transfer has been completed.
11. Notices and amendments and for legal matters or offers.
12. The ability to enforce the agreement, its binding effects, and arbitration procedures for any disputes.
13. Process for dissolution, or liquidation, of the corporation.
14. Maintaining the premises during a transition.
15. Preserving representations and warranties.
16. The terms of transfer.
17. Bill of Sale.
To ensure that the money required is available, buy-sell agreements are often funded with a life insurance policy. Should the death of one of pharmacy owners occur, the life insurance settlement will provide the funds for the remaining pharmacy owner in
Life insurance coverage for each partner needs to be in place, because without a way to accomplish the purchase of the NV pharmacy shares the buy-sell agreement will not be functional. As the business grows and develops the amount of insurance need to be adjusted to provide an adequate coverage. Without the insurance the surviving stockholder may not have enough cash to satisfy the amount required to buy out the estate - leaving the survivor with an unwanted partner.
To have the adequate insurance coverage and to determine the specifics of the buy-out terms, a certified pharmacy business valuation is needed. There are a large number of companies that provide business valuations. Due to the dynamics and current market conditions of the
NV Pharmacy buy-sell agreements are extremely important documents that need to be completed with seriousness and care. Even with a long standing partnership, it is only too late to create a buy-sell agreement when an event has already occurred....that would require the document.
Tips for Nevada Pharmacy & Drug Store Owners:
1. Buy-Sell Agreements are critical documents that should not be taken lightly. Consult a licensed professional.
2. Documents must address the proper laws and regulations which vary from state to state. Seek the proper guidance.
3. Premiums for insurance that will fund the buy-sell agreement might be deductible.
4. Ensure that the
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