For many private business owners, exit strategy planning (ESP) is not always about a planned and ordered disposal at the time of your choice. Rather, the challenge is often a more difficult and unpleasant one, namely how to get out of a messy business marriage at the least cost and with the minimum disruption to your life.

Problems often arise between partners or shareholders. Perhaps the business has not gone as planned; perhaps your working styles and philosophies are too different; perhaps your personal relationships have deteriorated for a variety of small reasons. But, whatever the reason, one (or all) of you wants to get out.

Unfortunately when disagreements arise, splitting up is not so easy. There are usually so many issues to resolve, so many questions that need answering. These could include the following:

a) Value:

• What is the business worth?
• How do we value its goodwill?
• As a shareholder, do I have access to the company's accounts?

b) Who will buy the other out?

• Can I force my partners to buy me out?
• Can I force them to sell?
• Can I afford to buy out my partners?
• Can they afford to buy me out and, if not, how can I make it easier for them?

c) What are the taxation ramifications of buying, or being bought out?

d) What are the legal ramifications of a split?

• What happens if we don't agree terms?
• What does "a shareholder deadlock" mean?
• How can we wind up the company and how will this affect my business standing as a director of a failed company?
• What is a members' and/or a creditors' voluntary liquidation?
• What might happen if I sue for what I think I am due?

You probably need help!

The short answer to all these questions is that you probably need expert advice. These matters are complex at the best of times and if you don't have a shareholders' agreement that addresses your exit rights and responsibilities they are even worse!

This is where we can help. Besides being involved in his own businesses and providing ESP advice for 20 years, John Hawkey has had extensive experience in corporate recovery and dispute resolution, both in the UK and abroad, and is perfectly placed to guide you through the commercial, legal and accounting maze of a messy break up. His unique blend of professional and business experience can help you to find the optimum way out of the business, or the best way of buying out your partners, or the least painful way of handling a business break up and close down.

The next step

If you are involved in a potentially messy business break up, or can see that one is about to happen, you should act now. Contact John Hawkey (by clicking on the Enquiry Form below) for an obligation free telephone conversation to ascertain whether John can help you and, if you believe he can, to get a quote. Once this has been settled to your satisfaction, John will arrange to visit you at a location of your choosing.

You can also download the Dispute Resolution brochure by clicking here:

Corporate Rescue

If you believe your dispute has already put the business into a financially precarious position and that severe financial problems are imminent (including the issue of directors' liabilities for illegal insolvent trading) you should consult the Buckmaster Hawkey website.