Having the Right Structure from Day One

Josh F. and his partner became multi-unit owners of a real estate franchise business using a ROBS+ structure that combined retirement funds with additional family capital. With guidance from Benetrends and a group of experienced advisors, they put a structure in place that was built to support both the business and a potential future exit, also helping them stay on track with ongoing compliance. About four years later, that preparation became especially important as the business entered a third-party sale process.
Q&A: What the Exit Really Looked Like
Here’s how it all played out, in Josh’s own words:
Q: What was your experience when you exited the business?
A: “When we looked to exit, the buyer ran a very detailed diligence process and was very concerned about the structure we had put in place. Benetrends’ executive and compliance team spent a significant amount of time helping to educate the buyer’s attorneys and get them comfortable with the structure. In the end, it all worked out.”
The business ultimately achieved a multi-X outcome, and the structure held up under buyer diligence and exit.
Q: Was the sale structured as a stock sale or an asset sale?
A: “It was a stock sale. Initially, the buyer wanted to buy the assets, and they had to fully understand what liabilities they were signing on to. That was part of the complication, and that’s where Benetrends helped them feel comfortable.”
While a ROBS+ exit can also be accomplished through an asset sale, doing so typically requires additional post-closing steps and ongoing fiduciary decisions. In this case, a stock sale allowed for a cleaner transition and preserved continuity of the retirement plan’s equity ownership through closing.
Q: Why did you choose a ROBS+ structure from the start?
A: “I was familiar with the rollover concept, and the ability to roll money in and plan for a tax-efficient exit was what motivated me to do it in the first place. I did it intentionally from the start.”
Clients do not need prior experience with ROBS or retirement-plan-based structures to evaluate whether ROBS+ is appropriate. A key part of the process is education—understanding how the structure works, what tradeoffs exist, and whether it aligns with the client’s capital position, business model, and long-term goals
Q: How was the ownership and capital structured?
A: “The Roth retirement plan held the common equity, and additional capital came in as preferred equity from family sources. All of the upside flowed into the Roth.”
ROBS+ structures can be implemented in multiple ways depending on the client’s capital mix and risk profile. In some cases, all capital may come from retirement plan assets with no outside cash. In others, additional funding can be layered in through common equity, preferred equity, or debt from personal or family sources. The key is aligning the capital structure with the business model, liquidity needs, and long-term exit strategy while maintaining ERISA compliance.
Q: How important was ongoing compliance and administration?
A: “I didn’t understand the compliance requirements. That’s where I relied on Benetrends. I worked with them each year on the reporting and filings because I needed their help doing it.”
Ongoing administration proved critical at exit. Annual compliance, plan governance, and consistent reporting created a record that buyer counsel could diligence with confidence, reducing friction during the transaction and supporting a successful close.
Q: Did you have outside advisors validate the structure?
A: “Yes. I worked with a major wealth-management firm to vet Benetrends and the structure before moving forward. They spent many hours validating whether this was legitimate and whether the structure would hold up.”
Independent third-party validation helped ensure the structure was not only compliant at inception, but defensible years later under professional buyer diligence.
Q: What would you tell someone considering a similar structure?
A: “It can be a terrific structure if you have confidence in the business model and the capital to support it. I also have a colleague who used the same approach and did not have the success we had, so it’s not one-size-fits-all. When it fits, it works as intended.”
This perspective reflects an important theme throughout the case study: ROBS+ is not designed to eliminate business risk. It is a structuring and ownership tool that can be highly effective when paired with a well-understood business model, sufficient capitalization, and disciplined execution. Evaluating fit up front—rather than assuming outcomes—is critical.
What This Means for Future Business Owners
ROBS+ isn’t a one-size-fits-all solution, but when it’s set up correctly and paired with ongoing oversight, it can support a business from launch through exit. In Josh’s case, the difference came down to how the structure held up when it mattered most.
Compliance was handled year after year, documentation was maintained, and when the buyer reviewed everything, there was a clear, defensible story behind it all. This kind of preparation gives business owners confidence and peace of mind as they plan for the future, making a meaningful difference in achieving their long-term goals and successfully navigating major business milestones.
That’s where Benetrends comes in. As a leader in business funding solutions, we help entrepreneurs evaluate whether ROBS+ or other available options make sense for their unique situation, then guide them through setup, administration, and ongoing compliance.
If you’re thinking about using retirement funds to start or acquire a new business, it’s worth having that conversation.
Contact Benetrends to explore funding options and receive expert guidance on business planning, compliance, and long-term strategy, so you have the support you need to grow and protect your business from the start.
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