Business & Succession Planning

You have worked hard all of your life in order to build a successful closely-held business. Now what?

Burr & Forman assists clients and prospective business clients in planning and implementing business and tax strategies, at all stages of business, including:

Formation/Capital Contribution

  • Does it make sense to form a limited liability company or to incorporate? 
  • How is the company going to be capitalized? Loans from banks or other lenders? Sales of stock or other equity interests? 
  • How does an established company raise more capital? Recapitalizations or sale leaseback transactions? Additional sales of stock or other equity interests?

Sharing of Profits 

  • Do any employees get "sweat equity"? 
  • Are executive and/or equity based compensation arrangements such as bonus and performance based compensation plans appropriate? What about stock option plans? Stock purchase plans?

Distributions 

  • How and when will money be distributed to the owners? 
  • Will any owners receive priority distributions? 

Management 

  • Who should be directors or managers of the company? Officers?
  • Are employment agreements, shareholder agreements, partnership agreements or operating agreements appropriate?

Exit Strategy/Succession Planning. 

    If your exit strategy is to transfer your business, what do you need to do to: 
    • Sell your business to your business partner? 
    • Sell your business to a third party? 
    • Transfer the business to employees? 
    • Transfer the business to the next generation?
    • Accomplish some combination of the above?
    When you transfer ownership,
    • Do you retain any control? 
    • Is your family taken care of? 
    • Are there any employee, lender, supplier, and/or customer issues? 

These are just a few of the issues that must be addressed when one approaches the subject of business & succession planning. 

At Burr, we take a team approach to business & succession planning, assigning attorneys from multiple disciplines to a client in order to achieve the most comprehensive and cost-efficient representation possible. Our inter-disciplinary team includes seasoned attorneys practicing in the areas of:



Contact one of our team members or read our Business Succession Blog to learn more about how we can help you with all of your Business Succession Planning needs.

Our Attorneys

Matthew Barnes
Partner ~ Birmingham, Alabama|
(205) 458-5120
(205) 278-4597
Matthew
Charlotte Bennett
Associate ~ Birmingham, Alabama|
(205) 458-5460
(205) 714-6889
Charlotte
Kathryn Bouchillon
Partner ~ Atlanta, Georgia|
(404) 685-4280
(404) 214-7383
Kathryn
Edward Brown
Partner ~ Atlanta, Georgia|
(404) 685-4292
(404) 214-7947
Edward
Edward Christian
Partner ~ Birmingham, Alabama|
(205) 458-5155
(205) 244-5620
Edward
David Dowd, III
Partner ~ Birmingham, Alabama|
(205) 458-5293
(205) 244-5629
David
Sean Dudley
Associate ~ Mobile, Alabama|
(251) 345-8221
(251) 344-9696
Sean
Joshua Ehrenfeld
Counsel ~ Nashville, Tennessee|
(615) 724-3232
(615) 724-3332
Joshua
Deborah Fisher
Retired Partner ~ Birmingham, Alabama|
(205) 458-5295
(205) 244-5635
Deborah
Lauren Foshee
Associate ~ Birmingham, Alabama|
(205) 458-5270
(205) 244-5713
Lauren
Jesse Graham, Jr.
Partner ~ Orlando, Florida|
(407) 540-6615
(321) 249-0525
Jesse
Tully Hazell
Partner ~ Atlanta, Georgia|
(404) 685-4317
(404) 817-3244
Tully
Jefferson Holt
Associate ~ Atlanta, Georgia|
(404) 685-4277
(404) 214-7998
Jefferson
Ingu Hwang
Counsel ~ Birmingham, Alabama|
(205) 458-5313
(205) 244-5684
Ingu
April Mason
Partner ~ Birmingham, Alabama|
(205) 458-5459
(205) 244-5747
April
Warren Matthews
Partner ~ Montgomery, Alabama|
(334) 241-7000
(334) 262-0020
Warren
James McCarten
Partner ~ Nashville, Tennessee|
(615) 724-3236
(615) 724-3336
James
William McKenzie
Partner ~ Atlanta, Georgia|
(404) 685-4312
(404) 214-7396
William
C. Read Morton
Counsel ~ Atlanta, Georgia|
(404) 685-4330
(404) 214-7397
C. Read
Norman Orr
Partner ~ Birmingham, Alabama|
(205) 458-5142
(205) 224-9453
Norman
J. Fred Powell
Retired Partner ~ Birmingham, Alabama|
(205) 458-5228
(205) 244-5697
J. Fred
Marion Quina, Jr.
Counsel ~ Mobile, Alabama|
(251) 345-8255
(251) 344-9696
Marion
Bruce Rawls
Partner ~ Birmingham, Alabama|
(205) 458-5247
(205) 244-5700
Bruce
Anthony Romano
Associate ~ Birmingham, Alabama|
(205) 458-5210
(205) 714-6895
Anthony
Ty Roofner
Partner ~ Orlando, Florida|
(407) 540-6672
(407) 650-2730
Ty
William Schifino, Sr.
Of Counsel ~ Tampa, Florida|
(813) 367-5745
(813) 357-3526
William
Jack Stephenson, Jr.
Partner ~ Birmingham, Alabama|
(205) 458-5201
(205) 244-5708
Jack
Joseph Stewart
Retired Partner ~ Birmingham, Alabama|
(205) 458-5241
(205) 244-5710
Joseph
Allen Sullivan Jr.
Partner ~ Birmingham, Alabama|
(205) 458-5108
(205) 244-5717
Allen
Keith Taylor
Counsel ~ Atlanta, Georgia|
(404) 685-4311
(404) 214-7380
Keith
George Taylor, III
Partner ~ Birmingham, Alabama|
(205) 458-5254
(205) 244-5711
George
William Thuston
Managing Partner ~ Birmingham, Alabama|
(205) 458-5143
(205) 244-5712
William
Peter Vilmos
Partner ~ Orlando, Florida|
(407) 540-6622
(407) 650-2955
Peter
India Vincent
Partner ~ Birmingham, Alabama|
(205) 458-5284
(205) 244-5714
India
Erin Ward
Associate ~ Atlanta, Georgia|
(404) 685-4255
(404) 214-7936
Erin
Callie Whatley
Partner ~ Birmingham, Alabama|
(205) 458-5441
(205) 244-5734
Callie
Thomas Wood
Partner ~ Mobile, Alabama|
(251) 345-8203
(251) 706-2412
Thomas

Experience Matters

Brief sentence defining representative matters.

  • General Corporate Representation

    Generally represent privately held businesses in formation, funding, operations and mergers and acquisitions.
  • Purchase of Steel Fabrication Business

    Full representation in connection with negotiation and closing of purchase of a steel fabrication business. Representation included, negotiation of purchase and sale agreement and ancillary documents; conducted due diligence; closed transaction.
  • Purchase Agreement

    Representing an international lead producer of high strength steel as lead counsel in potential purchase of steel fabrication business. Representation includes drafting and negotiating the purchase terms and agreement and reviewing due diligence.
  • Business Acquisition

    Represented the Shottenkirk Automotive Group, West Burlington, Iowa, in the acquisition of the business and operations of Honda of Conyers (Georgia). The acquisition included an asset purchase of dealership assets and inventories and the separate acquisition of buildings and facilities on which the operations were located. Advice included consulting on franchise issues, environmental matters, and employment issues. We also represented the purchaser in connection with the equity structure and debt facilities.
  • Restructure of Real Estate Development Loans

    Limited partners has invested over $50 million in four separate private placements sponsored by our developer client to acquire approximately 8000 acres of unimproved land for development; Lead bank provided credit for development loans of over $50 million for four separate developments with different owners, most of which were in the form of tax-free Improvement District Bonds; handled all acquisition and financing transactions. 2009-to present - Negotiated global settlement with lead bank involving all properties and entities. Services included tax planning in connection with restructure of ownership of the properties; evaluation of fiduciary duties of developer to investor partners; negotiation of global settlement with bank; tax planning on the forgiveness of part of the debt; refinancing transactions, and negotiation of subordination of bank debt in connection with future development. Business and tax planning in restructure of several syndicated limited partnerships with different sets of investors to accommodate loan restructure and loan cancellation with principal bank lender; negotiate settlement agreement with lender.