Many UK manufacturing businesses are family-owned enterprises, often having been owned and operated by the same family for multiple generations.
When it comes to passing the business to the next generation or transferring it to a management team, careful planning is fundamental.
This process should ideally begin several years before a proposed transfer or sale.
Our Manufacturing and Corporate solicitors explore how to prepare for succession and incentivise the senior management team with Growth Shares, a flexible solution that provides a stake in the business's future value.
What are growth shares?
Growth shares are a type of equity share specifically designed to enable certain key employees to share in a company's future growth.
Unlike traditional shares, growth shares offer a stake in the future increase in the company's value, not its current value.
Some key features include:
- Valuation: Growth shares are typically issued at a nominal amount initially because they only have value if the company grows. The company must be formally valued before implementing a growth share scheme.
- Rights: Growth shares often carry limited or no voting rights and might not provide a right to dividends until certain performance conditions are met. They will carry a right to capital, but only above a certain "hurdle value", which is more than the company's value at the point of issue.
- Conditions: They can be subject to performance conditions and may vest over time or upon achieving specific milestones.
Employee share options: They can be issued via a share option scheme, such as an EMI plan (if the company qualifies for EMI).
Growth shares and succession planning
Succession planning is crucial for the longevity and stability of any manufacturing business.
Growth shares can be an effective tool in this process, particularly for transferring ownership and leadership to the next generation of management.
Here's how growth shares can facilitate succession:
- Incentivise Employees: Companies can motivate their management team to drive the business forward, aligning their interests with those of the company.
- Retaining Talent: Growth shares can be a powerful retention tool, encouraging talented individuals to stay with the company long-term to realise the benefits of their shares.
- Smooth Transition: As senior management approaches retirement, growth shares can ensure that the knowledge and leadership remain within the company by promoting and retaining junior managers.
- Aligning Interests: By giving key employees a stake in the company's future growth, their interests align with those of the current owners and the company itself. This encourages employees to work towards the long-term success and stability of the business.
- Attracting Talent: Growth shares can be an attractive incentive for potential new employees who might be considered as part of the succession plan. They help to attract and incentivise top talent who have the potential to take on leadership roles, as they offer a stake in future growth.
What can we do to help?
Growth shares can be an effective tool in succession planning.
They help to retain and motivate key employees, align their interests with those of the company, and provide flexibility in financial and equity planning.
These factors can contribute to a smoother and more successful leadership transition within the company.
Contact Our Manufacturing Solicitors
For more advice on succession planning in the manufacturing sector, contact our Manufacturing Solicitors or Corporate Team on:
01619414000
Latest Myerson Manufacturing News
Buying Industrial Premises for Manufacturing: A Practical Legal Guide
For a manufacturing business, owning a site rather than leasing one offers several benefits. Although the due diligence required may be lengthy and the initial expense large, purchasing a site can give a buyer both more flexibility and certainty, without having to obtain a landlord's consent or the uncertainty that arises from lease renewals or...
Read Blog
What Due Diligence Is Required for a Commercial Property Purchase?
Purchasing a commercial property can deliver strong returns, whether through rental income received from tenants or long-term capital growth. It does, however, entail a range of legal and practical risks that, if not addressed and managed before exchange of contracts, can significantly affect the property’s value. Our Commercial Property team...
Read Blog
CO₂ Shortages: Key Legal and Contractual Issues for Manufacturers
Current geopolitical tensions in the Gulf region have renewed concerns about the resilience of global energy and industrial supply chains, increasing the risk of disruption to key inputs such as carbon dioxide. While the UK has recently agreed to invest £100 million to reopen a carbon dioxide production plant on Teesside as part of a contingency...
Read Blog
Navigating UK Immigration Changes: What Manufacturers Need to Know
For many manufacturing businesses, recruiting and retaining skilled international talent has become increasingly challenging. In this Q&A, Robert Brothers, Head of Myerson's Manufacturing Sector, speaks with immigration specialist Mohammed Hafejee, Partner at Latitude Law, to explore how recent changes to the UK’s immigration rules are affecting...
Read Blog
Ring-Fencing Risk in Manufacturing: Is It Time for a Holding Company?
Manufacturing is one of the most asset-heavy and risk-exposed sectors in the UK. When something goes wrong for the business, the financial consequences can be significant. Despite the risks associated with a manufacturing business, many still operate through a single limited company that owns everything, from the trading operation to properties...
Read Blog
Webinar: Industrial Property and Energy Efficiency: Key Legal Issues for Manufacturing Tenants
The manufacturing sector in England and Wales is undergoing rapid change. With rising energy prices, tightening sustainability regulations and increasing property-related costs, manufacturers are facing operational pressures that cannot be ignored. As Big Energy Saving Week (17–23 January) shines a spotlight on improving efficiency and reducing...
Watch Webinar