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They are: A list of buyout conditions that could trigger the agreement (divorce, bankruptcy, death, etc) A structure for the partners to buy or sell their interest in the business. A recent valuation of the company. Sources of funding for any purchase or sale of a partners business interest.
To avoid future conflicts and to protect their interests, business co-owners generally need a buy-sell agreement. Without one, an unanticipated event can damage and even destroy a business.
Here is how buy-sell agreements work: Determine which events invoke a triggered buyout. Establish who has rights and purchase obligations. Identify the names and address of the purchasers. Set a purchase price or valuation with applicable discounts. Establish payment terms as well as their intervals.
There are four common buyout structures: Traditional cross purchase plan. Each owner who is left in the business agrees to purchase the co-owners shares if that individual dies or leaves the business. Entity redemption plan. One-way buy sell plan. Wait-and-see buy sell plan.
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