Showing posts with label partner. Show all posts
Showing posts with label partner. Show all posts

Friday, May 14, 2021

5 Reasons For Business Owners To Consider Life Insurance 2023

Often on this blog I discuss ways to make sure your family's financial future is secure by having the proper life and disability products in place. But what about your business? 

For many business owners and entrepreneurs, life and disability insurance are just as important. Their business is the source of their income, and possibly the incomes of other partners and employees. Making sure that the business can stay afloat is of utmost importance not just to the owner, but to customers and vendors as well.

There are several insurance products you may want to consider if you are a business owner.

1. Keyperson life insurance. Do you have an employee who has a special skill that brings in a good percentage of your business receipts? A specialized talent may be hard to replace. With that in mind, you may want to consider insuring that key employee.

2. Life insurance to fund a buy-sell agreement. A buy-sell agreement is a legal document that basically states that if one of the partners should die, the remaining partner(s) can buy out their stake in the business. Sometimes the buy-sell agreement is part of the original paperwork starting the business.

For instance, let's say Bob dies and his wife, Mary, inherits his interest in the business. Mary may not really want to be an owner in the business, and she may be willing to sell her shares to the remaining owners. 

At the same time, the remaining owners may not be interested in having Mary as their new partner. And if Bob's role in the business was highly specialized, Mary may not be able to fill his shoes. The life insurance proceeds would go to the partners who could pay Mary for her shares.

As you can see, for all parties involved, a buy-sell agreement is a good idea, but it will need to be funded when one of the partners dies. A life insurance policy can fill that need.

3. Life insurance to secure loans. Many entrepreneurs starting out may need to get a loan for equipment, office space and other expenses. Lenders may require a life insurance policy to secure those loans. 

A few years ago I met a woman whose husband worked in the corporate world and decided to go out on his own. He borrowed heavily to start his own business and the wife implored him to get life insurance when she realized how much debt he was incurring. He said he would but never bought a policy. 

Sadly, he died while cutting down trees on their property when a log fell on him. She was stuck with the debt she couldn't pay because he didn't purchase the policy she kept asking him to get.


4. Disability insurance for a disability buy-sell agreement. Very similar to the example above, but instead of a partner passing away, the partner becomes permanently disabled. 

5. Disability overhead expense policy. I always urge my business owner clients to buy two disability policies. One is to replace their personal income if they get sick or hurt and are unable to work. That policy will help pay their personal bills. The other policy is to pay for the business's bills should the owner become disabled. 

These policies are pretty affordable because they usually pay out for a maximum of only two years, but what is most important is that the policy gives the business owner time to make a decide what to do. That two year window gives ample time to find out if the business owner will recover or not, whether or not to sell the business or shut it down altogether. In the meantime, payroll and other bill like utilities can still be paid. 

These are just a few reasons why you may want to consider a life insurance policy for your business. If you have questions, please drop us a note. And in the meantime, please stay healthy!

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life, disability, long term care, cancer, accident and other insurance coverages in North Carolina, South Carolina, Virginia, Tennessee and Georgia. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Wednesday, April 7, 2021

Can I Take Out A Life Insurance Policy On Someone Else?

Every once in a while I will be having a conversation with someone who wants to know if it is possible to insure someone else, like an acquaintance. When this happens I don't really know if they are kidding or not, but I ask if there is some sort of relationship there between the two of them. Usually the answer is "no, you can't" which seems simple enough but people ask why.

Can you imagine the madness that would ensue if people just went around insuring the lives of people they didn't know but "looked sick"? And if insurance companies had to pay those claims they would be out of business quickly. 

There are some guidelines (and reasons for them) when it comes to insuring other people. One of the basic rules for this is that there must be an insurance interest. In other words, before you take out a policy on someone else, you must have a relationship, either familial, personal or financial, with that person. Of course we can take out a policy on a spouse or child, as people do that all the time.

And if you borrow money from a financial institution or an individual, they may require a policy to secure the loan. That is considered acceptable as well. 

Another piece of this is that most states forbid insuring someone over the age of 16 without their knowledge.  But if the insured is over 16 they must sign a form acknowledging they are being covered. This rule applies even if the insured is your 18 year old child.

Back in the old days big companies would buy life insurance policies on all of the employees, with the company being the beneficiary. The thought process was that if the employee died there would be "transition costs" associated with finding a replacement. These Corporate Owned Life Insurance (COLI) policies became controversial when family's in need began learning that the death of their loved one was profitable to their deceased loved one's employer.

The issues arose (as well as lawsuits) when the insureds were no longer in the employ of the company. At that point, any insurable interest went out the window. In the early 2000's several of these types of legal issues got some news publicity which shined a light on how many large corporate companies were secretly adding to their bottom lines.

Nowadays, COLI's are still used, but not covering every employee, including the janitor. (They were actually called "janitor policies" because of this). More often than not, COLI's are used to cover the lives of the top brass, like the board of directors or top executives, who are supposedly fully aware of the policy. I have even heard that the beneficiaries of the policies are split among the company and family members. That sounds much fairer.

With all of that said, here is a short list of people you can insure:

  • Family. When the life insurance agent asks what your relationship is to the insured, immediate family is a no-brainer. Be aware that there are limits on insuring children but otherwise you should be okay.
  • Former family. As in ex-spouses. If there are children involved the court may order that you maintain a life insurance on your former spouse to help with expenses if the former spouse should die.
  • Parents. Yes, they are family but they may have let their life insurance policy lapse or expire and a final expense plan may be the best answer.
  • Business partner. Buy/sell agreements are usually written up between business partners to help ease with the transition of responsibilities when one of the partners dies. These agreements are usually funded by a life insurance policy so one partner can buy out the deceased partners ownership. 
  • Key employees. Key employees are the ones who contribute significantly to the business or may have some highly specialized skill. These people are difficult to replace and if they die unexpectedly the company could take a financial hit.

If you have any questions about any of these scenarios, ask your agent or drop us a note in the comments. In the meantime, stay healthy!

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life, disability, long term care, cancer, accident and other insurance coverages in North Carolina, South Carolina, Virginia, Tennessee and Georgia. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Monday, January 11, 2021

Does My Small Business Need Disability Buy Out Insurance?

Disability buy out insurance is something that small businesses need. Unlike a large business, small businesses can sometimes be crippled by the absence of a key person - someone who is so critical to the company that the business could fail if that person is unable to work. Depending on the job of that key person, their disability can leave work undone or have a financial gap in the business income that a business may not recover from without disability buy out insurance. Disability buy out insurance is designed to provide the funds necessary to purchase an owner or partner's interest in a small business if that person becomes disabled.

Disability buy out insurance should be an integral part to any business continuation or succession plan. Small business owners need to agree to buy any disabled owner's interest in the business at a pre-arranged, agreed upon price, and fund the purchase with disability buy out insurance. The buy out will allow the remaining owners to continue operations by financially replacing the key person whos disability prevents them from returning to the business.

The first step in purchasing disability buy out insurance is to have a thorough and accurate valuation of the business. Once a fair market value has been established for the business upon which the parties agree, the owners must then into a buy-sell agreement setting conditions that will automatically generate a sale of a disabled owner's interest. Finally, a disability buy out insurance policy is purchased on each owner or partner to provide the funds needed to buy out that share in the business in the event of a disability. 

When a disability occurs, an elimination or waiting period, must be satisfied before any benefits are paid. The length of this period is decided upon at the time of the disability buy out insurance application. the elimination period begins at the date of the initial disability and can extend for 12, 18 or 24 months, depending on the terms of the buy sell agreement. Choosing the length of the elimination period is determined by the needs of the business. The longer the elimination period, the less expensive the premium will be. However, the longer a business would have to sustain itself before the benefit or buyout occurs.



Under this type of small business insurance, benefits are paid once the elimination period has been satisfied with no need to confirm continued disability. In other words, once the payment of benefits begins, the terms of the buy-sell agreement will be fulfilled and the policy will pay benefits accordingly. A disability buy out insurance policy can be custom designed to meet the specific needs of each company, but lump sum or scheduled payments over a two, three or five year period are the most common benefit payment options.

Small businesses may not have the resources that a large business has. With that in mind, they should have contingency plans including small business disability insurance, business overhead expense policies, disaster recovery plans and other risk transfer components. The total disability of an owner active in the day-to-day operations of any business could present serious financial problems. To determine your small business disability insurance needs, ask yourself the following:

  • What impact would the disability have on the company's income?
  • Where will the money come from to an income to the disabled (non-contributing) owner?
  • Does the business have adequate funds to buy out the disabled owner?
  • Will the company need to borrow money to do this?
  • What defines a disability from the business' perspective?
  • How long must an owner be disabled (the elimination period of the policy) before the policy is executed and the share is sold to the remaining partners?
  • Will the benefits to fund the buy out be paid as a lump sum or over time?
  • What if the disabled individual recovers after the buy out is triggered under the terms of the buy-sell agreement and, as a result, the policy stops paying benefits? 
A small business disability insurance policy can be useful and a key element of a buy-sell agreement, but a small business must be sure to ask the right questions as it plans for the future. Doing so will enable the remaining owners to purchase or buy out key persons without having to seek outside investors. A disability buy out policy will allow a business to continue in its normal operations without having to financially drain the company to keep control. 

If you would like your small business disability insurance plan to include disability buy out insurance, ask us about it. We'll be happy to put together a quote for you. In the meantime, please stay healthy!


Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog! Thanks!

Friday, October 16, 2020

Keeping Those Supplemental Benefits

I have spent a good portion of my insurance career working in the worksite benefits arena, helping people choose which insurance plans are best for them and their families. The employers decide which plans they want to offer and then we, as benefits counselors, sit down with the employees individually to discuss the different types of coverage. These ancillary or "voluntary" insurance products are deducted from their paycheck and the employees appreciate the convenience of it, but also are aware that their take home pay will be lower.

Many times the menu of coverages includes insurance policies for disability, cancer, hospital indemnity, accidents, critical illness, heart and stroke, and of course, life insurance. The employees can opt to cover themselves, a spouse, children or the entire family.

One of the many factors that the employees like is the "portability" of the policies, which means that if they leave their job they can take the coverage with them. And herein lies the rub. 

Not everyone leaves their job for greener pastures. Some may decide to move on to open their own business or to retire with a pension. For those people portability is a good thing because they probably can afford to continue paying those premiums on their own.

As we have seen with the Covid_19 epidemic, others may be laid off, fired, furloughed or just quit. For these folks, losing a paycheck may be the end of their coverage, as they probably will not have the funds to keep paying for those extra coverages. 

One of the issues here is that when these people originally purchased these plans, they were quoted premiums based on their pay frequency. In other words, if someone is paid weekly, the agent would say that a cancer plan is $6 each pay, because that is how much is coming out of their check. That doesn't sound as bad as $25 each month and most people don't do the math. 

A few weeks after the employee loses his or her job, they will get a notice in the mail asking them if they want to continue the coverage with a couple of options. One option is to have the premiums drafted out of their bank account or paid quarterly. Using our example above, the person who is now unemployed is being asked to write a check for $75. If they have not yet found another job, that money probably won't be in there budget either.

Another issue here is that many people simply do not have jobs that offer these benefits. For those individuals, who like us, are self-employed, small business owners or contract employees, voluntary benefits are not available. 

With this in mind, we have decided to begin offering our menu of supplemental policies on an individual basis. It doesn't matter if you run a business from home or out of your car. Everyone can now apply for coverages they want or need. A few examples are:

  • Disability insurance - Business owners are usually working longer hours, no matter what the profession. If you are out of work and can't work, those bills don't stop coming in.
  • Hospital Indemnity - These plans cover you for being in the hospital. With Covid_19 in the news lately people have started to express more interest in this plan.
  • Cancer - We all know someone who has been affected by cancer and for many people a good cancer plan gives them peace of mind. 
  • Accident insurance - If you are active, work a physically demanding job or have kids who play sports a good accident plan can help you with sudden out-of-pocket expenses.
When it comes to price, none of these insurance plans are going to break the bank. Head over to the Surf Financial Brokers website and check out our list of products. A few even have short videos explaining how they work. In the meantime, if you have questions about them, let us know. And please stay healthy!

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Monday, August 24, 2020

Do You And Your Partners Need A Disability Buy-Out Plan?

In a previous post I discussed buy-sell agreements between business partners and why they were necessary. To recap, in the case that a business partner dies, the surviving partner will more than likely want to buy out the deceased partner's interest, and to do that they may need money. With a life insurance policy in place for that purpose, the surviving partner will have the funds needed, thus avoiding a scenario where they are in business with their partner's spouse or other family members.

With that in mind, let's take a look at a similar scenario. For this example, we will name our business partners Bob and Neil. Both are married and have their own families, live in nice middle class neighborhoods and are making enough money to pay their bills while stowing a bit into a retirement account. 

One evening, Bob in on his way home and a car crosses the center line, hitting Bob's vehicle. Fortunately, Bob survives the crash, but unfortunately, he is severely injured. Bob is more than likely going to be permanently disabled and will not be returning to work. 

Luckily for Bob and his family, he had purchased a Disability Insurance (DI) policy early on and will have some income to help pay his personal bills. But what about the business? And what happens to Neil in this situation? Will Neil have to do the work for two people and split the profits with his now disabled partner? 

Here again, a good buy-sell agreement needs to be in place beforehand. This legally binding agreements sets the terms and conditions of the sale and the subsequent purchase of the disabled partner's ownership of the business. Having an insurance policy in place helps fund the buy-out, and can also help pay the disabled partner's bills. 

The payout can be distributed in a lump sum, monthly disbursements or a combination of both. This can be decided at the time of purchase.

In some instances the company pays the premiums for the policy. However some smaller businesses will do a "criss-cross" agreement, in which each partner pays the premiums and receives benefits from the disability policy covering the affected partner. 

After an illness or injury occurs, an elimination period, has to be met before benefits are paid. This elimination period is a waiting period that can be a few months or as long as a couple of years. Think of an elimination period as your deductible, but in time rather than money. And just like your car insurance, the higher the deductible, the cheaper the premiums will be. 

Having a buy-sell agreement avoids a lot of potential issues that can occur if a partner is sick or hurt and unable to work. This plan can prevent a financial loss or even bankruptcy by keeping the business afloat. In turn, this helps keeps those on the staff of the business employed as well. And the owners can be assured control of their business decisions, with the freedom to replace the injured owner with a person of their own choosing. Not to mention that they will not be forced into business with any family members of the disabled partner.

Since the purchase price of the business was stipulated in the original buy-sell agreement, the disabled partner should feel he or she was given a fair market price for their share in the business. I usually suggest that the numbers be updated every few years to keep up with the growth of the business.

If you have business partners and would like more information on how to fund a buy-sell in case your partner dies or becomes disabled, let us know. 

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Friday, July 10, 2020

The Infamous Buy-Sell Agreement and How To Fund It

One of the groups of people I love to help is small business owners. As a entrepreneur (I have an insurance agency and a consulting business), I can relate to these people. Many have left the corporate world to take on the day-to-day struggles of owning their own operation, and in that process they wear a lot of hats. Every once in a while I will come across a business that has multiple partners with each partner filling a role that the other partners don't want or aren't as good at performing. In other words, less hats. 

My father used to say that "the worst ship to sail on is partnership". He wasn't nearly as witty as he thought he was, but I understood what he was trying to say. Years earlier he had opened a small engineering firm with someone and apparently it was a horrible experience for him. His version of events was that he was doing all the work while the other guy just took half the profits. I don't know how accurate this was, but I do know that he rarely spoke of the other partner and that the business was dissolved after a couple of years. 

I have also had some shady dealings with "partners" who didn't quite carry their part of the workload and couldn't get out of their fast enough. After losing money and feeling stressed I decided to work solo from that point on. Now I just have what I like to call "professional business arrangements", in which my income isn't reliant on the production or work ethic of someone else. 

This doesn't mean that partnerships are bad for everyone. I've seen many that work, with partners who are college friends, family members or spouses. With businesses such as hotels, real estate firms, restaurants and others, partners find a way to make the most of each person's strengths and weaknesses. And in the process, they put their egos aside and share the success of their work. 


On those instances when I do get the opportunity to work with business partners I eventually ask if they have a contingency plan if one of the partners were to die. You see, people typically think long and hard about starting a business, but few consider exiting a business, much less having a person they rely on for their income to die too soon. The responses I get are varied, from "I'm not worried about it" to "I never gave it much thought". Scary.

An old friend told me that his nephew had opened a sports pub/wing joint with a distant cousin. Neither of these two was married and both were questionable when it came to their character. "Sounds like they could use a buy-sell agreement," I said. 

A buy-sell agreement is a legal document that states that if one partner dies, the other partner has the option of buying out the dead partner's stake in the business. This is important because the surviving partner may not want to be in business with the deceased partner's widow or next of kin. Especially if they never got along in the first place. 

Sometimes the buy-sell agreement is part of the legal documents that form the business, but if not, a good attorney can write a short document that can fit the bill. The most common way to fund the buyout of dead partner's stake in the business is with a life insurance policy. 

I met with the two cousins separately. The first one I met with was cordial and I explained that if his partner were to die he would be in business with the guy's mother. He frowned and made it clear that wasn't  something he would want. He knew the guy's mother and wasn't very fond of her. 

The second partner had a different view of the world. "If you're cousin dies, you're going to be in business with his grandmother." The grandmother was a tough lady who was known for being an even tougher businesswoman.  He shrugged his shoulders as to say "so what?" 

As the first partner saw the value in what I was presenting, the second one had no desire to buy a life insurance policy on his cousin. The deal never happened, mostly because they couldn't get on the same page when it came to this or other topics. Shortly thereafter their business shut down. 

When I talk to business partners, I throw out a "worst case" scenario. "How would you like to be in business with your dead partner's widow and her new boyfriend?" As bad as it sounds, it happens more often than you would think. A good buy-sell agreement funded with an affordable life insurance policy can be a simple fix to a potential nightmare. 

If you have a business partner, or multiple partners, and don't have a buy-sell agreement in place, I highly recommend you have an attorney draw one up for you. And let us know if we can help you put a policy in place to help you fund that agreement. In the meantime, stay healthy and feel free to comment below. 

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast.

Thursday, August 17, 2017

Why Small Business Owners Need a Buy-Sell Agrement

What happens when a partner in a business dies?  How does this impact the surviving partner?

Let's create a scenario.  Bill and Mary open a business and own it 50/50.  The business is doing well.  But one evening on his way home to his family, a truck crosses the center line and hits Bill head on.  Bill dies.

After Bill's funeral, Mary realizes that she's now in business with her new partner, Bill's widow, Susan.  Susan knows nothing about the business but insists that she can "get to know how things work".  Mary needs to get back to running the business, not teach Susan, who has been a stay-at-home mom for the last 10 years, the workings of her company.

A few months pass and Mary is doing all the work, with the interruptions and input from Stanley, Susan's new boyfriend.  Stanley likes to come around and let his friends know that he's running a business now.  Mary is confused and angry. 

All of this could have been avoided if Bill and Mary had completed a buy-sell agreement and funded it with life insurance.  In a nutshell, the agreement would state that if one partner died, the other would have life insurance proceeds to buy the deceased partner's share of the business. 

Mary could have given Susan enough money to pay for Bill's share.  If properly structured, Susan could pay off her house and Mary could keep the business going without the interference of others who have no knowledge of the company's goals or values. 

If you have a business partner, have you considered what would happen if one of you died?  We can help you with a buy-sell agreement and keeping it funded with life insurance.