ARK Nation - FAQ's

Seller want to have no commitment or obligations to the fund other then making a smooth transition of ownership how do we properly move over the different assets?
- Equipment
- Livestock
- Business along with Leased Land
- Continue with customer and relationships
- Consulting Land Management & Operations Training

1. We have Leased Land that needs to be passed over to the new organization not to disturb the existing contract and forever agreement, how do we maintain and Achieve this?
   
   
2. Currently all our assets and Corporation Ownership are all in Alberta, what are the pros and cons to setting up our new vehicle to be in Wyoming United State?
   
   
3. We will have financial commitments coming from Untied States, Canada and Europe how; can we make sure we are setup to best receive money and to best payout strategy?
   
   
4. What the best way for seller to reduce Tax implications on Sale?
   
   
5. How to best protect all parties and define best strategy due to Change management?
   
   
6. How do we insulate from government seizure?
   
   
7. One of our goals is to get financial commitments from various tribes how best to ensure partnership and commitments are maintained?
   
   
8. How can we better position ourselves and our investors regarding taxes and payouts?
   
   
9. Based on our outlined structure how can we move the ownership from one party to the other?
   
   
10. How to best use our PRIVATE EQUITY FUND to carry on the legacy?
    
    
11. All assets should be held in their own Asset Class and be compartmentalized insulating from legal lawsuit (slip and fall example)?
    
    
12. How to Setup an LLC for other opportunities that come along with having economy of scale?

 

Discovery Questions - [ PREREQUISITES ] 

These questions help us clarify expectations, create clear agreements, and ensure alignment across different scenarios, especially with succession planning, family protection, and managing risks.

Family Protection & Succession Plans:
How does your family plan to protect its interests in the event of a family member's incapacity or death?
Who is the successor named in your estate or succession plan, and what are their qualifications?
How will the family be involved in decisions relating to equity and succession?

Benefit from Share/Equity:
What is the desired structure for distributing benefits from shares/equity among family members?
How will these benefits change under different scenarios such as retirement, death, or divorce?

Trust Agreements & Third-Party Claims:
How does the family wish to structure trusts for asset protection and inheritance purposes?
In the event of a third-party claim (e.g., creditor or legal dispute), how should the trust and assets be protected?
What contingencies are in place if a trust agreement is breached?

Capability to Handle Roles & Responsibilities:
What are the key responsibilities each family member must be capable of handling in their role?
How will we assess the capability of each person to carry out their responsibilities effectively?

Capacity to Continue:
In the case of unforeseen events (e.g., illness, injury), how will we ensure continuity in family members’ roles?
What are the provisions for temporarily or permanently replacing a family member who cannot continue in their role?

Bankruptcy:
How will the family’s assets and shares be protected in the event of personal or business bankruptcy?
What legal protections do we need to have in place for shielding family equity during bankruptcy proceedings?

Divorce:
How will shares, equity, or trust assets be handled in the event of a divorce involving a family member?
Should there be a prenuptial or postnuptial agreement for family members involved in the business?

Insurability & Insurance Premiums:
Are all family members holding shares or equity insured adequately against personal or business liabilities?
How will we handle the payment of premiums, and what happens if a policy lapses?

"What If" Scenarios:
What happens if a key family member or partner becomes incapacitated or passes away?
What processes are in place to manage unforeseen financial downturns or legal disputes?
How do we ensure the business’s continued operation in the event of a global or regional crisis?

Intellectual Property:
Who retains ownership of intellectual property created within the family business?
How will intellectual property be transferred during succession or sale of shares?

Voting/Unanimous Shareholders Agreement:
What are the voting rights of each family member or shareholder under the agreement?
How do we manage deadlock situations or conflicts that arise during shareholder voting?

Shotgun Clauses:
How will shotgun clauses be structured in the shareholders’ agreement to ensure fairness in a buy/sell situation?
Under what conditions will the shotgun clause be triggered?

Trust, Enthusiasm, Passion:
How do you see your enthusiasm and passion contributing to the long-term goals of the family business?
How do we maintain trust between family members when making critical decisions for the business?

Additional Thought-Provoking Questions:
What is the family’s long-term vision for the business, and how do we ensure alignment across generations?
What personal values guide your decisions about the family’s assets and business future?
How should we balance individual interests versus the collective well-being of the family?

 

1. Governance Structure
What is the formal decision-making structure of the business?
How will key leadership roles be determined and transitioned over time?

2. Conflict Resolution
What process will be in place for resolving disputes between family members or partners?
Are there mechanisms for third-party mediation or arbitration in case of deadlock?

3. Exit Strategies
What are the conditions under which a family member or shareholder can exit the business?
How will buyout terms be structured for an exit, and what is the process for determining the value of shares?

4. Compensation & Dividends
How will compensation for family members or partners be determined, both for active and non-active participants?
What is the dividend policy, and how will profits be distributed or reinvested in the business?

5. Ownership and Control
What percentage of ownership and control does each family member or shareholder hold?
How are voting rights tied to ownership, and what are the rules for major decisions requiring approval?

6. Growth & Expansion Plans
What are the business's goals for growth, and how will the family be involved in expansion decisions?
How do you plan to raise capital or leverage outside investors for future growth?

7. Business Continuity and Crisis Management
What are the contingency plans for the business in the event of a disaster, crisis, or market downturn?
How will the family ensure business continuity during emergencies?

8. Philanthropy and Corporate Social Responsibility
How will the family business approach philanthropic efforts, donations, or social responsibility initiatives?
Are there family values or causes that should be prioritized?

9. Communication and Transparency
How will regular communication between family members, stakeholders, and shareholders be handled?
What level of transparency is expected in financial reporting, business decisions, and progress?

10. Key Person Insurance & Business Protection
Will the business have insurance policies for key individuals whose loss would significantly impact the business?
How will we ensure that such coverage is sufficient and up to date?

11. Partnerships and Joint Ventures
What guidelines will govern entering into partnerships or joint ventures?
How will partnership roles and responsibilities be defined, and how will risks be managed?

12. Investment and Capital Allocation
How will the family or business decide where to allocate capital for investments?
What are the criteria for approving new investments or expansions?

13. Education and Leadership Development
What education or training will be provided to younger family members or partners to prepare them for leadership roles?
How will the business support leadership development within the family?

14. Environmental and Sustainability Practices
What role will environmental responsibility play in the business operations?
Are there specific sustainability goals, and how will these be implemented?

15. Legal and Compliance Obligations
What are the regulatory and legal obligations that the business must comply with?
How will ongoing compliance with government, tax, and financial regulations be ensured?


Additional Notes 

• Insurable 
• Insurance and premiums 
• Succession plans 
• All the what if scenarios 
• Accessibility to material 
• Intellectual property 
• Vote / unanimous shareholders agreement 
• Shotgun clauses 
• Trust, / enthusiasm. / passion