Business Value Protection Trust 生意保值信托

“I need to find an exit for my shares when I am not around.”
A well-constructed plan is essential to protect the value of the business and provide cash for the family in the event there is a major disruption in the business due to a co-owner’s death, disability, retirement or serious major illness or any other event that jeopardizes the continuity of the business.

Ask yourself:-

  • If a co-owner dies today, can you work with his family to run the business?
  • Will the co-owner’s family members know how to run the business with you?
  • Can they work well with you?
  • Would your beneficiaries be able to get a fair price if they wanted to sell the shares?
  • Do you have the funds to buy out the deceased co-owner’s shares/interests from the family members when there is no pre-agreed price in a written agreement?
  • Can the shares/interests you are purchasing be transferred quickly to you?

Problems without Business Protection Plan

Often these are:–

  • A new partnership is created due to the inheritance of the shares/interest by inexperienced heirs. Chances are this new partnership may fail.
  • There is no pre-agreed price for any sale to take place when the heirs decide to sell to the other co-owners. As a result, it may take years to settle a transaction price.
  • Some of the unqualified heirs may insist on being directors of the company and be active in running the business. This may lead to serious disruptions and disputes within management.
  • It is possible that the co-owners may decide to abandon the business and start their own due to disputes with the heirs.
  • Where inexperienced heirs get involved in the business, there tends to be loss of profits and uncertainty about the business future success.

The Solution – UBiz: Business Value Protection Trust

Our UBiz ensures a smooth transition of the business to the other co-owner(s) and the value of your share of the business is protected against an event such as:-
  • Death
  • Incapacity
  • Ill health
  • Retirement
  • Disappearance for an agreed period

Our UBiz consists of:-

  • A Buy-Sell or Cross Option Agreement: covering the terms of the sale and purchase including the agreed value or formula, events triggering a sale, funding and mode of payment.
  • Power of Attorney: authorizing us, Rockwills Trustee, to transfer the shares/interests to the other co-owner(s) upon the occurrence of the agreed events that trigger a sale.
  • Trust Deed by the co-owners: instructions to Rockwills Trustee regarding the periodical distribution of the sale proceeds to prevent these being misspent by the beneficiaries.
  • Life insurance policy: as the main funding mechanism to purchase the shares/interest of the outgoing co-owner.

How to set up?

When an event occurs triggering a sale?

Advantages of UBiz

  • Guarantees the sale of shares/interest at a full and fair value that was agreed by co-owners.
  • Prevents inexperienced and unqualified heirs from being involved in the business or the selling of the deceased’s shares to outsiders.
  • Smooth transfer of ownership to the co-owners is ensured by the Trustee.
  • By using life insurance, the purchase of the shares/interest becomes very affordable, minimizing the need to borrow or strain family finances for the purchase. More importantly, it ensures that the other co-owner(s) have the necessary funds to pay for the shares/interest.
  • Rockwills Trustee acts as the Trustee for UBiz protecting the interests of your beneficiaries and that of the co-owners.
  • Shares/interests are easily converted to cash.
Before you set up a trust, you need to be aware of anti-money laundering regulations.

UBiz生意保值信托

即日起让UBiz保障您的公司。人生充满了无法预测的事情,如何面对生意伙伴突然去世?

请试问您自己:
  • 如今天您的生意伙伴去世了,您能和他的家人一同经营有关生意吗?
  • 您生意伙伴的家人能有足够能力和您一同经营有关生意吗?
  • 他们能和您共事吗?
  • 您的受益人能获得公平的售卖价吗?
  • 如生意伙伴们没有事先同意股份售卖价,您有足够资金向生意伙伴的家人购买股份/利益吗?
  • 您所购买的股份/利益可快速的转让给您吗?

没有妥善规划所引起的问题

通常有:
  • 股份/利益被经验不足的后代接受,导致新的合伙生意失败。
  • 当后代决定售卖股份于其他生意伙伴时却发现事先没有列明同意的售卖价。 这可导致双方须以多年时间可达至同意的售卖价。
  • 一些不符合资格的后代可能坚持成为公司的董事并参与业务的运作。有时这可能会严重影响业务上的管理。
  • 如果生意伙伴和死者后代无法达成一致的意见, 他们有可能决定放弃有关生意并开始自己的生意。但是,开始新的生意将需要时间与金钱。
  • 业务亏损和对未来成功性的不确定。
当您辛辛苦苦建立您的企业后, 您该如何保障它免受以上问题困扰呢?

解决方案 – UBiz生意保值信托

我们的UBiz方案可确保当以下不辛事件发生时, 您可顺利转让股份于其他生意伙伴以及确保您生意价值获得保障:
  • 死亡
  • 残废
  • 生病
  • 退休

我们的UBiz方案包括:

  • 生意买卖合同或交叉交易合同:
  • 包括购买和售卖股份的条件, 同意的售卖价或估价方式、何时进行买卖交易、如何筹备资金以及付款方式。
  • 授权书:
  • 应允我们(乐委信托)在合同列明的情况下转让股份/利益于其他生意伙伴。
  • 每个生意伙伴的信托文件:
  • 指示乐委信托有关售卖股份所获得资金的付款方式和分配方式以避免受益人不当使用资金。
  • 人寿保险:
  • 作为购买生意伙伴股份/利益的主要资金来源。

如何设立:

当不行事件发生并引发售卖时:

UBiz之好处:

  • 确保以公正合理预先同意的价钱售卖股份/利益。
  • 避免经验不足和资格不符的后代介入生意或将死者的股份专卖于外人。
  • 信托公司可确保顺利转让拥有权于生意伙伴。
  • 使用人寿保险让购买股份/利益变得负担得起, 减低使用自己的存款可能性。
  • 当您的受益人有需求时,可简易转让股份/利益至现金。
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