Business Planning

Business Planning Overview

An important part of ensuring your business is successful is to prepare it for the unexpected. Through Harvest Capital, you have access to a wide array of business protection solutions and strategies to help you manage your business risk.
We also offer personal retirement planning solutions to help you save more for your retirement on a tax-effective basis. This is especially important if you are a business owner or professional with a high annual income.

Group Plans

Get help attracting talent and compensating your plan members with an affordable, comprehensive and easy-to-use group benefits plan.
As the owner of a small business, you can provide a benefits package that could make a big difference to you and your employees – without breaking your budget. We offer a range of services and solutions to give you financial peace of mind and security.
An attractive benefits package gives employees an incentive to join and stay with your company. We’ve designed this plan, to meet the needs of business owners with 3 to 50 employees.

Plans and coverage

Find a simple, cost-effective and tax-efficient plan based on the size of your business and your plan members’ needs
Choose a group benefits plan to stay competitive as an employer of choice, keep your plan members engaged and productive, and help them manage their health and wellness
Get support on human resource matters with HR Support Services—included with your group benefits plan

Prevention and management

Find solutions to help you manage the costs associated with your group benefits plan such as disability and absence management programs
Get support for your plan members to help them make healthier choices and find ways to potentially save money on health care costs
Provide access to Employee and Family Assistance (EFAP) services for your plan members so they can better handle stress and other health issues

Services you can count on

Help ensure your organization is protected from fraudulent use of your group benefits plan with fraud prevention support you can trust
Access online services to easily manage your plan, along with services your plan members can use to quickly and easily submit claims, update their account information and more
Stay up to date with regular communications for you and your plan members, including industry news and current legislative information

Buy and Sell Agreements

How it Works
A corporate owned life insurance policy in a shareholders buy/sell agreement is used to fund the share purchase of the deceased shareholder. There are many types of shareholder buy/sell agreements for different share structures. In a corporation with more than one shareholder a lawyer draws up a shareholder’s buy/sell agreement, this is the optimal time to purchase life insurance to fund the agreement.

In a privately controlled corporation the shareholders are partners actively involved in running the company. A tragic unforeseen death of one of the partners or shareholders could have devastating consequences on the company without proper planning. The deceased partner’s family is in need of money and the active partners may not have the resources to buy out the deceased partner’s shares of the company. This is when the life insurance policy is used to buy out the shares of the deceased partner. Without life insurance to fund the share purchase, the company or its assets will have to be sold to pay the deceased partner’s family.

There are many factors to consider when structuring a shareholders buy/sell agreement. Not all shareholders may be insurable in which case alternative funding mechanisms such as a sinking fund need to be set up.

When the partners start their business they may not anticipate the future value of the company. This can lead to additional problems for the partners, if there is no life insurance or the life insurance initally purchased is no longer sufficient to fund the shareholders buy/sell agreement.

The rules for setting up and funding a shareholders buy/sell agreement are complex. Setting up a buy/ sell agreement requires professional services from knowledgeable accountants, lawyers and Financial Advisors. Financial Advisors play the most important part in the process, they arrange for the actual funding. Without funding a shareholders buy/sell agreement would not be complete. Life insurance is the most tax efficient and financially advantageous way to fund a shareholders buy/sell agreement.

Protecting your business for the future
Why do we need a buy-sell agreement?

A buy-sell agreement sets out the terms under which the interest of the disabled or deceased shareholder will be sold. It also contains provisions for the transfer of ownership when you retire. As well, if properly funded, the shareholder’s family will receive fair market value for the shares, providing them with capital to help maintain their standard of living.

A buy-sell agreement sets out the terms under which the interest of the disabled or deceased shareholder will be sold.

A properly funded buy-sell agreement can:

Assure creditors that funds will be available to pay bills.
Assure existing employees that the company will have the means to continue
Ensure a market for each shareholder’s interest in the business
Set the terms under which you and your fellow shareholders agree to buy and sell each others’ interest in the business
Ensures surviving shareholders have the necessary funds required to buy out the deceased shareholders interest
Provide for your family in time of need. The most cost-effective method to fund a buy-sell agreement, in the case of the death of a shareholder, is through life insurance. This approach helps ensure the required amount of capital will be available at the time it is needed should it become necessary to buy out an interest in your business.

Advantages of a funded buy-sell agreement to the deceased’s estate

Ensures a market for the shares and guarantee a buyer for the shares of the business
Provides heirs with a predetermined price for the shares

Advantages of a funded buy-sell agreement to the surviving shareholders

Protects them from unwanted shareholders, such as family members of the deceased
Allocates the shares in a manner agreeable to all shareholders
Establishes the method to determine the price of the shares
Ensures the funds exist to buy out the deceased’s shares

Determine the value of your business
While it’s ultimately your accountant’s responsibility to arrive at a value today to facilitate funding decisions, it’s important to understand some of the principles involved in the valuation process. There are a number of methods you and your accountant can use to determine a purchase price for a buy-sell agreement. The valuation clauses of the buy-sell agreement should give clear direction on the date the value is to be established. Below are advantages and disadvantages of three commonly used methods.

Fixed value method
The actual purchase price is specified in the buy-sell agreement and should be re-determined annually with the agreement updated accordingly.

Advantages

Simplicity and certainty
Shareholders can easily determine the price to be paid for their interests and plan accordingly

A buy-sell agreement is a plan that provides for an orderly change of ownership under certain circumstances; for example, when a business principal dies or becomes disabled. It’s designed to establish a value for the business, now and in the future.

Disadvantages

May be costly and there will be no definite value available for funding arrangements unless a valuation is completed today
As market conditions change, the fair market value can fluctuate significantly

Shotgun Clause
An approach often used in buy-sell agreements is a shotgun clause. This clause applies when there is dissension among partners or shareholders, or a desire to sell. With this option, shareholders who want to sell shares offer them to other shareholders at a specific price. The other shareholders then have
the option to purchase the shares at that price. Or, should they choose, they can sell their shares to the shareholder who made the initial offer to sell, according to the same terms and conditions as the initial offer. If the initial seller asks too high a price for the shares, the purchasers would decline the offer and demand the sale of their shares to the seller at that high price, or if the initial seller specifies a low price, they would be cheating themselves of a fair price.

Protection for the future
Establishing a properly funded buy-sell agreement between shareholders, or for a successor owner, provides security and the knowledge your business can continue to prosper even in the event of tragedy. Buy-sell agreements are complex and unique to your particular situation; therefore, you should consult the appropriate legal, accounting and tax experts for assistance in drafting a buy-sell agreement that meets the needs of your situation. Your advisor* can work with you and your other professional advisors to help determine a suitable buy-sell agreement and help ensure the appropriate insurance plans are in place to fund the agreement.

Disadvantage

Value must be re-determined each year and the agreement updated

Formula method
The purchase price is determined at the time of death by a formula stated in the buy-sell agreement. Some of the more common formulas used calculate the book value or adjusted book value of the business. Other formulas might base the value of the business on a multiple of earnings or a multiple of sales.

Advantages

No need for an annual review
Inexpensive to determine the purchase price using the formula method

Disadvantages

The terms, book value and adjusted book value have no generally accepted definitions and could lead to potential disagreements, even if the terms are defined in the agreement.
Once set, these formulas don’t change to reflect changing business or economic conditions.
This method is not very useful where the formula cannot take into account the increasing values of property owned by the company or the value of goodwill.

Fair market value method
The purchase price is based on a fair market valuation of the business at the time of death. The agreement may call for a valuation to be performed by a specified licensed valuator or some other party such as the company’s accountant. It’s preferable to have a third party value the business to receive an objective value. As an alternative, the parties to the agreement may negotiate a price with arbitration procedures set out in the case of disagreement. The agreement should clearly exclude life insurance death proceeds from this calculation.

Advantages

Ensures the shareholders and family receive fair market value for their shares at the time the buyout is exercised
Should result in a fair solution for all parties.

Succession and Estate Planning

How would your family survive if you were not here to provide for them? What would happen to your investments? What would happen to your business? These are not pleasant things to think about. But you have worked hard to create your wealth and need to plan wisely for retirement, so you need an estate plan. If you are a business owner, succession planning is an important part of your estate plan.

The goals of estate planning are simple: estate maximization, ensuring that your estate is as large as possible, and estate conservation, ensuring that the value of your estate is not eroded by taxes, probate fees and other costs of estate administration. In developing an estate plan, you and your advisor must consider all of the following:

The assets and investments you own;

The people you want to receive your assets;
The person you want to administer your estate (the executor);
The needs of your surviving family;
The expenses your estate will incur; and,
The impact of taxation on your estate.

Most people spend more time planning a two-week vacation than the rest of their financial lives. A lack of proper financial planning could result in you paying more income tax and passing on less to your heirs.
It doesn’t have to be this way. By working with a financial advisor, you can develop a plan that is unique to your situation. You can manage your wealth now, have enough money to retire and provide for those who carry on when you are gone.

Will planning is the heart of any financial plan. If you die without a will, provincial law decides how your estate should be distributed and that may be very different from what you want. Life insurance is also an important component of any estate plan and is usually the best method of funding your goals.

Key Executive Coverage

Coverage for the Loss or Disability to a Key Employee.

As its name suggests, key person insurance protects a business against the death or disability of a key executive or employee. A key person policy may include disability coverage, life insurance or both. Key person insurance is also known as key executive, key man, or key employee coverage. It is a type of corporate-owned life insurance (COLI).

When It’s Needed
A company may need key person insurance if it depends on one or two individuals to succeed. For example, Bob and Bill are brothers and business partners in a thriving restaurant called Brothers Bistro. Each has special skills that the other lacks. Bob is a creative genius and has an extraordinary talent
for combining flavors. Bill has exceptional people skills and a good head for business. The restaurant’s success depends on the talents of both men. If either Bob or Bill dies or becomes disabled, the business might not survive.

To protect itself, Brothers Bistro purchases key person insurance on both men.

You should consider purchasing key person coverage if your business has any of the following characteristics:

It is highly dependent on one or more individuals who have special skills and would be difficult to replace.
Your company relies on a key individual to generate a substantial portion of its income.
Your business has debt that would be difficult to pay off if a key individual died or became disabled.
Your business plans to seek a loan or investors. A bank or investment firm may refuse to extend a loan or make an investment in your firm unless it has key person coverage in place.
Your company plans to merge or go public. Your firm may need key person coverage for top executives and board members before it can proceed with a merger or IPO.

Key Person Life Insurance
A business purchases key person life insurance to protect itself against the death of an important individual. The business is both the policy owner (buyer) and the beneficiary. The key employee is the insured. The insured person does not receive any benefits from the policy.

Key person life insurance is usually written as either a term policy or a permanent policy. A term policy is the cheaper of the two. It applies for a specific period of time, which may be as short as one year or as long as 20 years. Coverage ends when the term expires or the insured person dies, whichever happens first. If the insured dies the firm collects a death benefit. The company can use the money to hire and train a replacement, to pay off debts, or for some other purpose.

Permanent key person life insurance applies for the life of the insured individual. It serves two purposes: it is an asset that can be used as collateral for a loan and it pays a death benefit. A permanent policy can be transferred to the insured, say at the worker’s retirement, if the firm no longer needs the coverage.

A firm may have more than one key person. For example, suppose that XYZ is a corporation with five executive officers, all of whom are essential to the company’s success. To save money XYZ could purchase a key person life policy that includes a “first to die” provision. The policy will pay a death benefit to the company if any of the officers dies. The policy will then cover the remaining officers.

Key Person Disability Insurance
Key person disability insurance protects a company against the risk that a key employee will become disabled to the extent that he or she is unable to perform his job. Benefits may be payable on a monthly basis or as a lump sum. Benefits are paid after a specified waiting period. This period might be 30 or 60 days for monthly payments and 12 or 18 months for a lump sum payment.

There is no “standard” key person disability policy. Rather, each policy is typically designed to meet the needs of the company.

Amount of Insurance Needed
How much life or disability insurance should you purchase on a key person? To answer that question, you will need to estimate the economic loss (lost revenue or profit) your firm will suffer when a key person dies or becomes disabled. You will also need to consider the cost of recruiting, hiring and training a replacement employee. An insurance agent or broker can help you calculate the amount of insurance you need.

Cost of Coverage
The cost of key person insurance depends on the age, health, and sex of the insured individual as well as the size and nature of the business. Two other factors are the type of policy you purchase (term or permanent) and the limits you choose.

The premiums you pay for key person coverage are generally not deductible for tax purposes. However, the death or disability benefits your company receives generally are tax-free. Consult your tax professional to determine how the purchase of key person insurance will affect your firm’s taxes.

Executive Compensation

Executive Compensation Strategies Using Life Insurance
Today, there are all kinds of temptations that threaten to lure your key executives away. For many, the most appealing bait from your competitors could be the promise of financial security. Executive compensation strategies which use life insurance may provide the added incentive to keep your key executives with your organization and keep your organization on top.

Executive compensation strategies using life insurance offer a range of valuable benefits for the employer and executives.

Flexibility with Nonqualified Deferred Compensation Plans

As an employer, is flexibility a primary concern? Would you like to customize a compensation package for your key executives? If so, a Nonqualified Deferred Compensation (NQDC) plan may be right for you. NQDC plans such as Voluntary Deferral Plans, Supplemental Executive Retirement Plans (SERPs), and 401(k) Mirror Plans may allow participants to systematically defer their compensation until retirement. To executives who have already maxed out contributions to their qualified plan, an NQDC plan can be an attractive alternative for accumulating supplemental retirement income.

Deductibility with Executive Bonus Arrangements
An Executive Bonus Arrangement involves paying the premiums, through a series of bonuses, for a personal life insurance policy that is owned by the executive. This simple arrangement allows you to avoid the requirements of NQDC plans and paying for the cost of a third-party administrator. Bonuses that assist executives with paying the premium on their life insurance policy may allow for an immediate tax deduction, unlike deferred compensation plans¹.

Affordability with Split-Dollar Arrangements
Is affordability in a benefits arrangement a priority for you? Would you like to provide an attractive benefit for your key employees without committing the set amounts required under an NQDC plan or an Executive Bonus Arrangement? If so, then a split-dollar arrangement may be right for you. A split-dollar arrangement is a method of sharing the benefits of a cash value life insurance policy. In certain split- dollar arrangements, the business owns the life insurance policy and retains the cash value². The cash value is a general asset of the company that can be accessed tax-free³

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