Succession planning for family businesses – Pensions

By Brabners LLP

04 May 2021

shutterstock_1536232289.jpg

A potential purchaser will want to understand the pension arrangements your business operates, and check that they have been properly managed.  Ensuring that your pension schemes are in order well in advance will help the sales process to go smoothly.  

Automatic enrolment

All businesses are now required to automatically enrol employees into a “qualifying pension scheme”. A potential purchaser will want to be sure that the automatic enrolment requirements have been complied with, so that there will be no risk of action by the Pensions Regulator (“tPR”).

We recommend ensuring that full records are available to potential purchasers, including details of:

The qualifying pension scheme and the “declaration of compliance” submitted to tPR; any unusual arrangements (e.g. employees who may have different contribution rates); employees who have opted out.

Generally, a business that only provides “money purchase” benefits won’t experience any issues relating to pensions on sale, as long as all records are present and up to date.

Defined benefit pensions

Many family-owned businesses historically operated “defined benefit” or “final salary” pension schemes, which made a promise to pay a certain level of pension - a promise which the employer must now stand behind.  Over the past couple of decades, these schemes have become increasingly expensive to provide, requiring ever higher contributions to fund the promised benefits.

The presence of a defined benefit pension scheme may be unappealing to many potential purchasers, and if not dealt with correctly could disrupt the sale process.  If your business is responsible for a defined benefit pension scheme, then you should start planning how it will be dealt with well in advance of any sale.

The first step is to ensure that you have taken any appropriate steps to manage the scheme’s liabilities, and have explored options such as pension increase exchange and flexible retirement options.  You should also ensure that the scheme doesn’t have any hidden “skeletons” such as a failure to equalise normal retirement ages, which might add to the liabilities.  Proper due diligence carried out as you prepare for sale can help to ensure that the process isn’t derailed by unknown issues coming to light.

The ideal route would be for the defined benefit pension scheme to be “bought out” (transferred to an insurance company) in advance of the sale, so that prospective buyers have the certainty of knowing that no further liability exists.  However, in some instances the funds to buyout the scheme may only exist on completion, in which case part of the sale proceeds may be put into an escrow account, which will be used to buyout the scheme after completion. Some potential purchasers may agree to acquire the business along with the pension scheme, but buyers willing to do so are rare, and the value of the sale will be negatively affected.

Our experienced pensions team can help you to review your pension arrangements in advance of a sale, please get in touch with me or a member of the team if you’d like to discuss any pensions issues.

Latest news

1

FWP delivers dental teaching expansion at university The dental facility

FWP delivers dental teaching expansion at university

06 Nov 2025

2

WHN Solicitors invests in leadership with senior promotions Katie Wright and Eleanor Longworth

WHN Solicitors invests in leadership with senior promotions

06 Nov 2025

3

Blackburn and Burnley companies strike gold at regional manufacturing awards Chloe Baine from MGS Plastics with Dan Hulme of Inspired and then Abby Watson from Safran presented award by Dawn Huntrod.

Blackburn and Burnley companies strike gold at regional manufacturing awards

05 Nov 2025

4

Rosebud named as judging partner for Red Rose Awards Red Rose Awards 2025 scene

Rosebud named as judging partner for Red Rose Awards

05 Nov 2025

5

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands Artists impression of how Silicon Sands could look

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands

04 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

Beyond the Brand: Building trust through values and integrity
1.png.png
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

Beyond the Brand: Building trust through values and integrity

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

AI, Creativity, and what it means to be human
2.jpg.jpg
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

AI, Creativity, and what it means to be human

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

The Great Winter Pie and Pea Social
Logo.jpg.jpg
LBV Hub Social
12 Nov 2025 - 12 Nov 2025

The Great Winter Pie and Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

The Business Network Central and East Lancashire
LBV Hub Networking
13 Nov 2025 - 13 Nov 2025

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin