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Key Person Insurance

This type of policy protects businesses financially if a key individual within the business (typically a company director) dies or can no longer act in any capacity with immediate effect. It is often required by lenders to cover the full repayment of a loan. It is an important consideration for many small and medium-sized businesses.
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Key Man Insurance or Key Person Insurance is essentially a form of life insurance for businesses. It is generally taken out by a business to compensate for financial losses that would arise from the death or extended incapacity of the key individual(s) of the business specified in the policy, and in turn ensure the continuity of the business.

There are generally three categories of loss for which Key Man Insurance can provide compensation:

  • Protect losses related to the extended period when a key person is unable to work by providing temporary personnel and, if necessary, financing the recruitment and training of a replacement.
  • Protect profits such as offsetting lost income from lost sales or contracts; or losses resulting from the delay or cancellation of any business project that the key person was involved in; or loss of opportunity to expand, loss of specialised skills or knowledge.
  • Protect business & director loans, overdrafts or investments. The value of insurance arranged can be used cover their repayment in full, or to assist in generating continued profit (as above) to help make any monthly payments.

As a result, a Key Man or Key Person can be anyone directly associated with the business whose loss can cause financial strain to the business. For instance, they could be a Director of a company, a Partner, key sales people, key project managers and people with specific skills or knowledge which is especially valuable to the company.

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Shareholder Protection Insurance

This type of policy helps businesses continue effectively on the death of a shareholder (or a Partner in a Partnership) by releasing a lump-sum that allows other shareholders to buy the shares and provide fair-value funds to the surviving spouse.
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In the interests of financial security, business stability and continuity, it is essential for private limited companies to provide a safety net following the death of a shareholder.

Shareholder Protection is usually put in place to ensure that, on the death of a shareholder, their shares are available for the other directors to buy and there is sufficient cash available to buy the shares.

This is normally done by:

  • Taking out a life insurance policy for each director to the value of their shares
  • Placing these life insurance policies in trust so that any payout is available to the remaining shareholders without any tax implication
  • Setting-up a Cross Option Agreement between the shareholders so that if the options are exercised, the holder of the shares must sell them and the other directors must buy them

The risk of not setting up some Shareholder Protection are as follows:

  • Shares may go to the deceased’s family, which has no interest in the business and may prefer a cash lump sum
  • The company or other shareholders may not have the resources to retain control by buying the deceased’s shares
  • The shares may be taken over by someone who does not share the company’s objectives, and they may even be a competitor

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Relevant Life Insurance for Directors

This type of policy can provide a complete tax-free solution to life insurance for company directors where both the premiums and the lump-sum payment in the event of a claim are tax-free. The premiums are not classed as a benefit-in-kind and, if the policy is written into a discretionary trust, then any payout is not subject to inheritance tax. Read more

A Relevant Life Insurance Policy for Company Directors is a way of providing death-in-service benefits on an individual basis no matter how small your business is. They are not classed as a ‘benefit in kind’ so no tax is payable on the premiums. In most cases the benefits can be paid free of inheritance tax provided the benefits are payable through a discretionary trust.

If you’re a company director and you already have life insurance in place to protect your family, you could be paying more tax than you need to.

What are the benefits?

  • Although the company pays the premiums, they are not normally assessable to income tax on the employee as a benefit-in-kind. This can be a significant saving, particularly for a higher-rate taxpayer
  • Unlike a registered group scheme, the benefit will not form part of the employee’s annual or lifetime pension allowance

What are the advantages of using a discretionary trust?

  • There are restrictions as to whom the benefits of a Relevant Life Policy can be paid, but the use of the trust is the most practical way of ensuring these restrictions are met. The beneficiaries who could be included are usually family members and dependents
  • Having benefits paid through a trust ensures they cannot be taxed as part of the company’s trading income, nor do they form part of the company’s assets
  • The trust is discretionary, allowing trustees to be flexible as to whom they pay benefits. However the employee can advise the trustees of his or her intentions by completing a nomination form. Although this is not legally binding on the trustees, it helps to guide them. The trustees will normally be the directors of the company
  • Using a trust also ensures that in most circumstances benefits are paid free of both income tax and inheritance tax
  • The maximum cover differs across insurers: for example, Bright Grey offer a figure up to 15 times the employee / director’s remuneration. This can include salary, regular dividends paid in lieu of salary and any benefits in kind

Are there any limits to the cover I have?

  • The legislation does have some limits to qualify for the tax concessions, and to ensure these are met, it requires that:
  • The cover must be paid in a single lump sum before the age of 75
  • Only Death & Terminal Illness benefits can be provided
  • Benefits must be paid through a discretionary trust
  • Beneficiaries are normally restricted to family members and dependents
  • The maximum amount of cover allowable can depend on your remuneration and age

Who are relevant life policies suitable for?

  • Company Directors that would like their company to pay for their life cover and offset the premiums against corporation tax
  • Small businesses that do not have enough eligible employees to warrant a group life scheme
  • Directors of small limited companies that may be thinking of putting Key Person cover in place so that their company can pay the premiums on their cover
  • High-earning employees or directors who have substantial pension funds and do not want their benefits to form part of their lifetime allowance
  • They are not suitable for the self-employed or equity partners, although their employed staff could be covered

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Executive Income Protection

This type of policy pays out a regular monthly benefit should a company director become too ill or injured to work. It is popular with contractors and directors working in their own limited company and covers up to 80% of their income (wages or dividends) in a tax-efficient way. Read more

Executive Income Protection operates in a very similar way to Personal Income Protection, providing a regular income if the person insured is unable to work due to illness or injury.

The main difference between the two types of policy is that Executive Income Protection can cover up to 80% of the individual’s income, whether from wages or dividends or both, whereas most standard policies typically only cover up to 60%.

As such, it is an attractive benefit for high-earning small business owners and contractors.

The cost of the premiums is determined by how much cover is required, the age of the individual to be covered, any existing or past health conditions, what their current role entails, how long the cover is to last, and how long they are prepared to defer the first payment.

The premiums are paid by the company and are tax-deductible, which is an additional saving compared to personal policies.

Along with other benefits available, Executive Income Protection can be a valuable component of an overall financial plan, especially those with high incomes and significant financial responsibilities.

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Get Insured within 20 Minutes

It is possible to be protected with a life insurance or critical illness policy within 20 minutes provided the insurer does not require a GP report or medical.

A GP report or medical is normally required for large amounts of cover (over £400,000), or if your BMI is over 30, or you have any significant ongoing or past medical issues, or if you are involved in dangerous job or high risk hobby.

Calculate Your Cover

Find out how much cover you might need by using our simple online calculator. It will take into account your outstanding mortgage, any loans or credit cards, your monthly income and how many children you have.

Ultimately the right amount of cover is often a balance between what might be an ideal figure and what you can sensibly afford.

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