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How Life Insurance Can Totally Protect Your Business From Top To Bottom
How Life Insurance Can Totally Protect Your Business From Top To Bottom
How Life Insurance Can Totally Protect Your Business From Top To Bottom
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Levels of Business
Protection
The Business Shareholders
Top Level: Insuring Transfer of Ownership
For Business Succession
Levels of • The death of such a person is bound to leave its mark upon the business -- an
interruption at the least, termination at the worst.
Business • To offset some or all of these losses, a business can carry life insurance on its
Protection
key people. This insurance, payable to the business, indemnifies it against the
loss of the key people.
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The Key Men
Who are the Prospects for Key Man Insurance?
• Someone who possess some expert knowledge of a company process, or a particular executive’s ability, or a marked managerial skills
• Whatever the special quality this person possessed, it makes him a very important asset to the business and his death would
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destruction of that asset which is purely personal.
Levels of Business
Protection
The Key Men
• Financial assistance from banks and other creditors may be restricted because they are
concerned about the company’s future;
• The business will slow down due to customer’s concern about the future of its services and
products;
• The business might lose customers who utilized the company’s services or products only
because of their relationship with the deceased man;
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Levels of Business Protection
The Key Men
• Sunken cost from the mistakes of the inexperienced replacement until he or she attains
the skills of the deceased person.
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Levels of Business Protection
The Key Men
• Cash to cover special expenses of finding, securing, and training a new man to take the
deceased’s place
• Cash to cover the mistakes and errors of the deceased’s successor will make until he learns the
things the deceased knew from experience
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• Cash for many uses that cannot be determined in advance because they depend upon the
particular circumstances of that particular business at that particular time.
Levels of Business Protection
The Key Men
• There is no particular form of agreement or special contract needed by the business to carry key man life
insurance on a key owner or employee. The insurance contract is purchased to indemnify the firm and
speak for itself.
1. Insurable interest
2. Applicant, premium payer, owner, and beneficiary
3. Type of policy
4. Board Resolution
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Levels of Business Protection
The Key Men
INSURABLE INTEREST
• A corporation or other business has an insurable interest in the life of any man or employee
associated with the firm, whose death would cause it tangible loss.
• Likewise, a corporation has an insurable interest in the life of a shareholder who owns a
large portion of the corporate stock, and whose skill and experience are relied on to a great
extent to continue the business successfully.
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Levels of Business Protection
The Key Men
• The applicant is the business. The application is signed by an officer of the business other than the insured.
• The business will own the policy and possess all the incidents of ownership.
• The business will be the beneficiary, because it is purchasing the policy for its own benefit.
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Levels of Business Protection
The Key Men
• The type of policy should be one that BEST suits the needs of the firm.
• Temporary life insurance is often used in many key-man situations because when the man retires /leaves
the company, the company ceases premium payments. It can be renewed every year and converted into
a whole life plan which the retired/resigned key man can continue out of his own pocket.
• Permanent life insurance is also a popular choice in many key-man situations funds accumulated in the
contract provide additional benefit to the insured individual plus a method for the employer to recapture
the cost of the insurance.
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SAMPLE BOARD RESOLUTION
RESOLUTION
In determining the economic value of a Key Man, the following should be considered:
a) Book value
b) Average net income before taxes for the past 5 years
FORMULA:
a) average book value x fair return = investment elsewhere
b) average income - fair return on investment somewhere = management
c) management portion x replacement years = management value
d) management value / # of members of the management group = value of the individual members
of the team.
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Example:
Average book value of shareholder equity 10,000,000.00
Average income above before taxes (assume 20%) 2,000,000.00
Assume fair ratio of return 10
Time needed to hire and train replacement 3 years
Management teammembers 3
COMBINATION METHOD
A) salary to manage + dividends + additions to retained earning
Ps. 1,000,000 + Ps. 200,000 + Ps. 600,000 = Ps. 1,800,000
B) average annual net earnings - salary of person to do routine duties - earnings on
invested net worth
Ps. 1,800,000 - Ps. 300,000 - Ps. 160,000 (1,600,000 x 10%) = Ps. 1,340,000
C) annual earnings attributable to managerial expertise/management team members
Ps. 1,340,000 / 3 = Ps. 446,667
D) portion attributable to key person x time needed to hire and train replacement
Ps. 446,667 x 5 = Ps. 2,233,335 (value of key man)
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Levels of Business Protection
The Key Men
• The insured key man has no rights in the policy itself. By a separate agreement, though,
the insured could be granted the right to purchase his or her own policy.
• Also by separate agreement, the key individual could be given the right to purchase the
policy owned by the firm in event of termination of employment.
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Levels of Business Protection
The Key Men
• The majority of court decision support the general rule that the firm has a legal right to
continue to pay premiums on a key-man policy and to receive proceeds upon his or her
death. The question of insurable interest only arises at the beginning.
• The company can also sell the policy to the insured upon termination of the key man. When
the insurance policy is transferred to the terminated man, the company is in a position to
purchase a policy on the life of the insured’s successor.
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Levels of Business Protection
The Employees
Bottom Level:
Insuring the Employees
Life insurance also has its place in the area of employee
benefits. These benefits may be limited to key officers
and personnel, or they may be made available to all
permanent, full-time employees.