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Is it a good idea to have a buy-sell 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.

What triggers a buy-sell agreement?

Some of the common triggers include death, disability, retirement or other termination of employment, the desire to sell an interest to a non-owner, dissolution of marriage or domestic partnership, bankruptcy or insolvency, disputes among owners, and the decision by some owners to expel another owner.

Why do I need a buy-sell agreement?

A buy and sell agreement assures a smooth transition of ownership and business continuity in the event of a departure of a partner or large equity owner. The agreement is a legally-binding contract that establishes how the departing owners shares will be obtained by the remaining partners.

What is a buy-sell agreement?

A buy-sell agreement establishes the fair value of a persons share in the business, which comes in handy if a partner wants to remain in the company after another partners exit. This helps forestall disagreements about whether a buyout offer is fair since the agreement establishes these figures ahead of time.

What should a buy-sell agreement include?

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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