Succession planning for business owners: Key tips for success

Succession planning for business owners: Key tips for success

It’s an inevitable truth for any long-standing business that, sooner or later, there will have to be a change at the top of the organisation.

In cases where this can be proactively prepared for, this truth translates into a need, sooner or later, to replace successful, long-serving senior managers with the next generation. A process which always brings question marks about how to make the right choices.

Experience suggests that, while some companies manage to make these changes without any noticeable bumps along the way, others experience significant difficulties when a new pair of hands takes over at the helm.

So, if your business is to avoid any similar trepidations, what are some of the key things to consider around succession planning?

Perhaps the most crucial thing to note is that succession planning should ideally be a long-term process that is aligned to a company’s commercial objectives, rather than something done as a reaction to an immediate situation.

This gives organisations the best possible chance of identifying outside opportunities or nurturing the existing talent to manage its growth objectives from within the business.

If you are looking to sell to a third party, seeking out potential buyers some time in advance of when you would actually want to sell can be a great advantage. This allows all parties the time to communicate their expectations, to negotiate the terms of the deal and to undertake some levels of due diligence on each other and the target business. It also allows the parties sufficient time to obtain professional advice on the transaction rather than rushing into an arrangement at the last minute that may not put both parties on even ground.

It’s important to look inside as well as outside your business to identify, nurture and maximise your available talent, and to examine both current performance and future potential. This would not only be appealing to a prospective outside buyer who would have confidence in the work force but may also open up the possibility of a management buyout whereby the business is bought by the existing managers and executive directors.

Just as good ideas can come from anywhere in a business, so can good people – your future company leaders might not yet have had the chance to show everything they can do. Giving them access to training and development opportunities which could help them realise their potential will benefit everyone in the long run. It may help you spot hidden talents in less obvious areas and notice characteristics required for later down the line.

Communicating future plans for the organisation and their individual prospects within it will encourage them to remain in the business for the long term as they will be invested in their future ownership potential.

What are some other things to consider?

  • Do you want to go and enjoy the fruits of your labours straight away or are you willing to stay with the business for an agreed period to ensure a properly managed transition?
  • If you’re looking to sell to a third party, what provisions do you want to be made for the company’s employees as part of any deal?
  • Being clear on these points from the beginning, and ensuring staff, clients, suppliers and other business stakeholders know what’s happening – most especially if it’s a family business – will help to make the whole process as smooth as possible.

Before any of this though, you will need to consider your position.

Do your company’s articles of association or shareholders’ agreement dictate a process for selling shares? For example, if you are a majority shareholder looking to sell to a buyer who wants to buy all of the shares in the company, do your company’s articles of association or a shareholders’ agreement dictate whether you can force the minority shareholders to also sell?

Alternatively, are the minority shareholders’ interested in buying out your share? These are questions that you will need to ask yourself or seek professional advice on before taking any steps to sell the business, particularly if all of the shareholders in the company are not in agreement with the sale.

Overall, as the old saying goes, if you fail to prepare, you prepare to fail.

If you need any advice or assistance when it comes to your own succession plans, please do not hesitate to get in touch.

Expert commentary & updates

Guarding against post-deal surprises: the crucial role of warranties and indemnities
Lydia Sevenoaks, from our Corporate Team, guides you warranties and indemnities in M&A, explaining how they protect buyers, manage risk, and support effective due diligence in business acquisitions.
Companies House ID verification requirements: What businesses need to know now
Lydia Sevenoaks, from our Corporate Team, explains new Companies House ID checks. Learn key UK identity verification rules, deadlines and what your business must do now.
Hay & Kilner advises on acquisition of NEOS Protect
Hay & Kilner advises NEOS Protect shareholders on the successful acquisition of the Gateshead-based specialist door manufacturer by Sorvio Group.
Hay & Kilner advises TRACK7 Technology Group on Flex4 acquisition
Hay & Kilner Corporate Team advises TRACK7 Technology Group on Flex4 OPS acquisition, marking the group’s first deal in digital commerce.
Starting a business: Key legal considerations explained
Starting a business involves more than a great idea. Charles Danjoux, from our Corporate Team, explains the key legal considerations that can shape your venture’s success.
Hay & Kilner plays key role in Q-Laser’s sale to growing engineering group
Hay & Kilner’s corporate team advised on the sale of Q-Laser to a growing engineering group, providing expert legal support through a strategic business transaction.
Preparing for a seamless sale
Lydia Sevenoaks from Hay & Kilner's Corporate Team outlines how a legal health check can help business owners prepare for sale, streamline due diligence, mitigate risk and maximise value.

You may also need advice on

Corporate

We successfully work alongside private investors and businesses on all aspects of corporate transactions, taking the time to get to know you and your business to ensure consistent, straightforward and friendly advice.

Leave us a message

Send us your query and we will be back in touch as soon as possible.

For the latest insights, updates and events join our mailing list

‘Hay & Kilner’ and ‘Hay & Kilner Law Firm’ are both trading names of Hay & Kilner LLP, a limited liability partnership registered in England & Wales with registered number OC418767. Our registered office is at The Lumen, St James' Boulevard, Newcastle Helix, Newcastle upon Tyne NE4 5BZ and we are authorised and regulated by the Solicitors Regulation Authority (Authorisation number 643191). We use the word ‘partner’ to refer to a member of Hay & Kilner LLP. A list of the members is available at our registered office.