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The primary purpose of a buy-sell agreement is to minimize disruptions to the business if a triggering event necessitates the purchase of one owners interest by other owners such as a shareholders death, disability or the voluntary or involuntary termination of a shareholders employment.
One common question we receive when discussing key person benefits is What is a buy/sell agreement? A buy/sell agreement, also known as a buyout agreement, is a contract funded by a life insurance policy that can help minimize the turmoil caused by the sudden departure, disability or death of a business owner or
If a business has more than one owner, its generally a good idea to have a well-drafted buy-sell agreement to protect everyones interests. Here are some basics about this important document, including the valuation methods used. There are two basic varieties of buy sell agreements.
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.
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.
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A buy/sell agreement is generally structured in one of two ways as a cross-purchase agreement or as a redemption agreement. A cross-purchase agreement is an agreement between individual members. In a funded cross-purchase agreement, each member purchases a life insurance policy on the life of every other member.
If there is no buy-sell agreement in place, business owners can face all types of tax and financial issues if one of the owners gets divorced, dies, enters into retirement, or leaves the company for any other reason. The majority of LLC owners will overlook this critical aspect of an operating agreement.
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.
If a fixed price set in the Buy-Sell Agreement is too high, then the buying owners or the company suffers. For this reason, its a mistake for the Buy-Sell Agreement to state a fixed price for the companys ownership interest, unless the parties are required to update the price regularly.
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.

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