Business succession planning now can avoid disaster later

A
Avant Law

Contributor

Avant Law is a doctor-focused law firm that was originally established for our members in 2009 to provide the highest level of defence and protection in medical indemnity. It is now the largest medico-legal firm in Australia and continues to protect members for medical indemnity and employment issues and provide expert advice to help reduce the risk of a complaint or claim. With our deep understanding of medical practitioners and their practices and to help support doctors across life’s opportunities and challenges, we provide tailored legal services to address their personal, professional and business legal needs. Avant Law is a subsidiary of Avant Mutual (Avant) – Australia’s leading doctor organisation with a proud heritage of protecting the Australian medical professional for 130 years.
Article advises that you need to have a proper succession plan and outlines what can go wrong if you don't.
Australia Corporate/Commercial Law
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Starting or joining a medical practice as a principal is an exciting time for many doctors. It's a time for new opportunity, career development and running your practice as you see best.

But for every new venture started, there are also those that come to an end.

And while everyone hopes that the end of a business is due to a well-earned retirement or planned sale, the reality is that for some, a sudden departure of a business partner may quickly throw a business into chaos.

As the scenario* below illustrates, things can quickly go from bad to worse if a proper succession plan is not in place.

The accident

Doctors Rocha, Mullins, Sanchez and Khan run a medical practice together. They are equal partners and have worked together for many years in business premises they co-own.

None of the doctors have plans to retire in the foreseeable future.

On a typical Wednesday morning, the practice receives a phone call. Dr Mullins has been involved in an accident and has passed away.

The surviving doctors hold an emergency meeting to try and ensure Dr Mullins' patients continue to be looked after.

A few weeks later, the doctors sit down to discuss what to do.

The issues

Dr Mullins' family has called and asked when they should expect their share of the business to be paid out to them. Unfortunately, there is no documented valuation method or agreement as to how the business should be valued.

When discussions turn to revenue sharing, things get even more heated. Dr Rocha says that everything should remain even, but Dr Sanchez argues she should be compensated for taking on the lion's share of Dr Mullins' patients.

After much back and forth, the remaining doctors finally agree on a valuation method and organise their accountant to prepare the valuation report.

While waiting on the report, significant tension remains between the doctors as they try to resolve the revenue issue and the conflict begins to impact the practice.

A new problem

When the accountant returns with the business valuation, a new problem arises. The practice has been quite successful and along with an increase in property prices, Dr Mullins' share has increased considerably.

The remaining doctors consider buying out Dr Mullins' share. None of them have sufficient cash on hand to buy out the share. Dr Rocha's recent divorce means his borrowing power has reduced considerably. Dr Sanchez has recently purchased a new investment property and the bank has turned her down for further finance. Dr Khan has some borrowing capacity but not enough to cover a full quarter share of the business.

They are yet to find another doctor who might be interested in joining their business structure in place of Dr Mullins.

Meanwhile, Dr Mullins' family calls for an update on when they will receive their payment and threatens to force sale of the practice if they don't receive something soon.

As disputes over revenue splitting continues, Dr Sanchez decides she no longer wishes to remain in the practice.

With no alternatives available, the doctors start searching for a prospective buyer of the practice.

The alternative solution

The dilemmas faced by the doctors could have easily been avoided if a proper succession plan had been in place.

Rather than simply hoping for the best, a succession plan spells out in detail what should occur if you, or one of your business partners, should suddenly pass away or lose capacity. It can also help fund the buyout of an exiting partner so that you can continue practising, rather than worrying about how you will afford an unexpected purchase.

Features of a succession plan include an agreed business valuation formula and mechanisms for how an exiting doctor's share of the business can be sold to a third party or purchased by the remaining doctors.

If the practice had also organised buy/sell insurance, the family of the affected doctor could be paid out via insurance. This allows the other doctors to continue working without having to overextend themselves to finance the payout themselves.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Business succession planning now can avoid disaster later

Australia Corporate/Commercial Law

Contributor

Avant Law is a doctor-focused law firm that was originally established for our members in 2009 to provide the highest level of defence and protection in medical indemnity. It is now the largest medico-legal firm in Australia and continues to protect members for medical indemnity and employment issues and provide expert advice to help reduce the risk of a complaint or claim. With our deep understanding of medical practitioners and their practices and to help support doctors across life’s opportunities and challenges, we provide tailored legal services to address their personal, professional and business legal needs. Avant Law is a subsidiary of Avant Mutual (Avant) – Australia’s leading doctor organisation with a proud heritage of protecting the Australian medical professional for 130 years.
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