Many family business owners in the UK underestimate the immediate impact that their sudden absence, due to death or incapacity, could have on the daily operations of their business. Estate planning often focuses on long-term strategies, but what about the day-to-day decisions that will need immediate attention? Preparing for these short-term scenarios can be as crucial as planning for the future, and an Emergency Board Plan is a powerful tool for doing so.

Drafting an Emergency Board Plan

An Emergency Board Plan provides guidance on managing the business in the event of a sudden absence, outlining short term key roles and responsibilities. Think of it as a practical, step-by-step protocol that outlines immediate actions to take if you’re unavailable.

The Emergency Board Plan isn’t a legally binding document. It’s a strategic guide that can prevent delays, reassure employees and instil confidence among key stakeholders.

Key elements to include in an Emergency Board Plan

A well-crafted Emergency Board Plan will address several important areas:

1. Financial management protocols
An Emergency Board Plan can specify steps for managing urgent financial issues, such as bank loans, cash flow, debt obligations and signing authority for checks. Ensuring that someone is prepared to handle these essentials can prevent cash flow disruptions and maintain trust with financial institutions.

2. Temporary leadership and decision-making roles
Identify key personnel within your organisation or trusted colleagues who can temporarily step into leadership roles.
The Emergency Board Plan may:

a. Assign decision-making responsibilities to specific individuals or advisors;

b. Outline how to hire interim executives, and

c. Establish a process for bringing in trusted advisors to guide the company through the initial transition.

3. Regular updates and reporting
The plan should outline how and when this interim team will report back to your family or the executors. The Emergency Board Plan can also set timelines for reviewing key decisions within the first week, month and quarter, ensuring all necessary actions are handled.

Making it a living document

Once the Emergency Board Plan is in place, it should be reviewed regularly and shared with your team. This allows it to evolve over time and can serve as an introduction to longer-term succession planning.

The Emergency Board Plan should also be shared with the business owner’s attorneys, who will have control of the shares in the event of incapacity. It can often be appropriate for business owners to create a separate business assets lasting power of attorney (or equivalent) that covers shares in the business only, rather than all of their assets.

The attorneys of such an lasting power of attorney can receive copies of the Emergency Board Plan, keeping the management of the owner’s business assets distinct from their personal assets, where different attorneys may be involved. Choice of attorneys requires great care, as selecting a person involved in the business could create a conflict of interest if that individual relies on the company for employment.

Getting comfortable with the process

At first, drafting an Emergency Board Plan might feel like giving up control. It’s natural to feel a bit hesitant. Many business owners operate with a ‘no one knows this business like I do’ mindset, which can make it difficult to delegate. But an Emergency Board Plan is not about giving up control. It’s about safeguarding the business you’ve worked hard to build by ensuring it can continue if you’re unavailable.

In cases where you feel a board might not understand your business’s intricacies, the Emergency Board Plan can still be a valuable tool. It can outline a strategy for the business, including options for an organised sale if needed, to avoid a rushed or ‘fire-sale’ situation. Alternatively, a well-developed Emergency Board Plan might even encourage family members, such as a spouse or children, to take on roles that ultimately strengthen and preserve your legacy.

Expanding the Emergency Board Plan into a vision for the future

As your Emergency Board Plan evolves, it can grow to include your vision for the business’s future. This can address how your board or key leaders should navigate market changes, growth opportunities, and other challenges. It can also reflect how these decisions might impact family shareholders, setting expectations for dividends and family involvement.

An Emergency Board Plan, alongside a structured will, lifetime trust, lasting power of attorney (or equivalent) and thoughtful company governance, offers a practical way to prepare for succession.

Instead of treating succession as a distant concept, these tools make it a manageable and concrete process that preserves your business and provides clarity for everyone involved. By proactively planning, you can ensure that your business continues to thrive, no matter what the future holds.

Hayden Bailey TEP, Partner, Boodle Hatfield