Checklist - Buy/Sell Agreements - Contingencies

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US-04094BG
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A buy-sell agreement is an agreement between the owners of the business for purchase of each others interest in the business. Such an agreement will spell out the terms governing sale of company stock to an outsider and thus protect control of the company. It can be triggered in the event of the owner's death, disability, retirement, withdrawal from the business or other events. Life insurance owned by the corporation is often used to provide the funds to purchase the shares of a closely held company if one of the owners dies.


The time to prevent disputes is before they occur. Experience proves that owners anxieties created in dealing with one another are inversely proportional to the effort they spend addressing business problems in the event that they should happen. Dealing with these contingencies before they manifest themselves is the secret to a harmonious business relationship with other owners, Use the checklist below to determine areas where you may need assistance.

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_________/- (Rupees ____________________________), will be received by the FIRST PARTY from the SECOND PARTY, at the time of registration of the Sale Deed, the FIRST PARTY doth hereby agree to grant, convey, sell, transfer and assign all his rights, titles and interests in the said portion of the said property, fully

Installment Purchase. Death Benefit Insurance. Cash Policy Loans from Life Insurance. Split-Dollar Insurance Funding. Earnings Accumulation. ESOP Funding. Supplemental Executive Retirement Plan.

The identity of the buyer and seller. A description of the property being purchased. The purchase price. The terms as to how and when payment is to be made. The terms as to how, when, and where the goods will be delivered to the purchaser.

A buy and sell agreement is a legally binding contract that stipulates how a partner's share of a business may be reassigned if that partner dies or otherwise leaves the business.The buy and sell agreement is also known as a buy-sell agreement, a buyout agreement, a business will, or a business prenup.

Life insurance is an effective tool that business owners can use to implement the provisions of a buy-sell agreement by providing liquidity at the death of an owner to both his or her business and family.

Most Common Uses of a Buy-Sell Agreement The buyout agreement stipulates what types of events trigger the contract. Each agreement is laid out to best meet the needs of each particular company. It can include specifications about who can buy stocks and the type of life situation that would trigger a buyout.

Agreed value. You can set a value in the buy-sell agreement. Book value. Multiple of book value. Appraised value.

A buy-sell agreement consists of three common elements: a triggering event, a valuation method and a funding strategy.

Life Insurance: A common method of funding buy-sell agreements is taking out a life insurance policy on the present business owner or owners.Sinking Funds: In this method of funding buy-sell arrangements, business profits are held back and used to cover the cost of a buy-sell arrangement.

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Checklist - Buy/Sell Agreements - Contingencies