Monday, February 6, 2012

Estate Planning in New Jersey for Pharmacy Owners

By Brad MacLiver
Authorship and profile at Google


With the current market conditions many NJ pharmacy owners are experiencing lower profit margins and have considered selling. A pharmacy industry roll-up in New Jersey has been occurring for a number of years, consolidating the pharmacy seller’s customer traffic into fewer pharmacy locations. However, there are a number of pharmacies that are not in a geographic location with other nearby pharmacies, so consolidation can’t take place. Some pharmacy and drug store owners in New Jersey, despite where they are located or what is happening in the industry, have taken a stance and won’t consider selling. However, just like paying taxes, an exit of the business, is eventually inevitable.

Estate Planning is, to many people in all industries, a topic which tends to be avoided.  Pharmacy owners that work 6 days a week, do not take many vacations, fill scripts all day, then mop the floor and do the books at night usually don’t have much time to consider additional things such as estate planning.  However, acknowledging that there will inevitably be a transfer of the business, it is important for the pharmacy owner to complete a proper succession plan for the New Jersey pharmacy business.

Developing a plan for transfer of the business will be time consuming, but when correctly it will allow the business to be successfully transferred in an acceptable manner. It is not necessary that an estate plan for a pharmacy owner be a changeless process. Making fine-tuned adjustments, updates, and amendments are advised as government regulations, personal expectations, and economic conditions change.

Estate planning enables a pharmacy owner in New Jersey to anticipate and arrange for the transfer of the drug store. The plan will be formatted in an attempt to eliminate any uncertainties, assist the transfer by trimming expenses, and reduce taxes.

The process may involve Trusts, Wills, Living Wills, Power of Attorney, Medical Power of Attorney, Business Valuations, Life Insurance, Charitable Remainder Trusts, Buy-Sell Agreements, and other legal documents. All of the different aspects of the estate planning are to provide the pharmacy owners coordinated directives.

When there are non-family members as partners in the drug store business, it is essential that the estate planning incorporate a Buy-Sell Agreement. A buy-sell agreement, governs the transfer of the business between NJ pharmacy partners. The agreement may also be known as a partner buyout agreement, or a business will. To help protect the family in the event of a partner’s death, the buy-sell agreement may be funded with a life insurance policy.

Estate planning, buy-sell agreements, and the transfer of the pharmacy should incorporate a pharmacy business valuation completed by a third party that has expertise in the pharmacy industry, performs a large number of pharmacy business valuations each year, and has current industry data as a basis for the conclusions. Using simple accounting formulas, multipliers, and valuators inexperienced in pharmacy will not provide an accurate business valuation.

Most pharmacy owners spend a major part of their life building the business. The efforts should not disappear because the pharmacy owner refuses to accept their mortality and plan accordingly. The only pharmacist in some small New Jersey pharmacies is the owner. If the scripts can’t be filled by a licensed pharmacist then by law the customer files must be transferred to another pharmacy. Due to this, a pharmacy’s business value may drop to a negligible figure in just a few days after the passing of the owner. Contingencies outlined in an estate plan should address this issue. Unfortunately due to not having an effective plan in place, each year a number of pharmacy owners die and their family is left with an asset with very little value.

Tips for NJ Pharmacvy Onwers:        


1. When the family drug store is the sole means of income for several family members it becomes even more crucial to have a succession plan in place.

2. To avoid disputes, estate plans should be developed with clear directives.

3. Minimizing tax liabilities is a major objective for most completing an estate plan, therefore expert tax advice should be sought.

4. Many on-line documents and books are available that provide advice and documents for developing an estate plan. When going the self-help route, it is advisable to have a paid expert review the completed documentation to ensure that it can be legally complied with when the time comes.

5. While developing the estate plan it is essential to talk with children and other family members of the NJ pharmacy owner especially if there are some family that work in the business and others that don’t.




Friday, February 3, 2012

Financing Pharmacy Franchises in New Jersey

By Brad MacLiver
Authorship and profile at Google


A NJ pharmacy franchise is a contractual relationship between two parties. One, the Pharmacy Franchisor in New Jersey is the party that developed their drug store business model, branded the pharmacy related products, and produced the system the pharmacy franchisees will operate under. The second party, the Pharmacy Franchisee, purchases a franchise license from the Pharmacy Franchisor, and usually pays an ongoing pharmacy franchise fee, or royalty fees, to use the name, products, systems, trade secrets, etc., created by the Pharmacy Franchisor.

There are a number of options for financing a New Jersey pharmacy franchise business. All pharmacy franchise funding sources, for drug stores, prefer lending to a pharmacy franchisee who will be working with a nationally recognized name and long track records. Newer pharmacy franchise models won’t possess these two traits and will be considered more risky.

Traditional Bank Financing used in funding a pharmacy franchise is available when a pharmacy franchise has the track record and pharmacy name recognition. Many of the banks will show interest in this type of funding opportunity. Unfortunately once the bank reviews the loan documents, many of these banks decline the funding request because they don’t understand the security provided for the New Jersey pharmacy loan. Community drug stores typically have very little traditional assets to offer as security. Lenders for pharmacy will use traditional methods for analyzing the cash flow available to service to the debt, and they will also need to understand the nontraditional collateral that will secure the loan.

As a borrower, even when incorporated, the independent drug store owner’s personal credit rating will be a factor, along with personal tax returns, and financial statements. The amount of actual cash on hand and the verification of the source of the down payment will be critical factor in qualifying for a pharmacy business loan in New Jersey.

Tips for NJ Pharmacy Franchise Funding:

1. Because there are many pharmacy franchise financing options available, pharmacy owners should perform proper due diligence then obtain the pharmacy funding that best suits their situation.

2. It is advisable to consult either an attorney or accountant familiar with financing pharmacy franchises and have them review the pharmacy business loan documents.

3. To help guide a prospective New Jersey pharmacy franchisee or borrower for a drug store loan, there are pharmacy consulting services and franchise associations available.

4. New pharmacy owners in New Jersey need to ensure that their funding request is enough to get the pharmacy running and profitable. Funding that is less than ample for the initial stages potentially put the drug store in a position of needing more funding. It will be more difficult to obtain smaller working capital loans that would be in a subordinated position at a later date.

When NJ pharmacy owners have questions and need information regarding pharmacy franchise business loans, or any types of funding for community drug stores and pharmacies, they should contact a New Jersey pharmacy industry specialist who can provide quality answers and sound advice.

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