A Chicago Illinois Buy Sell Agreement between partners of a general partnership with two partners is a legally binding contract that outlines the terms and conditions for the sale and purchase of a partner's interest in the partnership. This agreement is crucial for protecting the interests of both partners and ensuring a smooth transition in the event of the departure or death of one partner. There are different types of Buy Sell Agreements that can be customized according to the specific needs and preferences of the partners. Some common types include: 1. Cross-Purchase Agreement: In this type of agreement, each partner holds a separate agreement with the other partner, stating their intention to purchase the departing partner's interest. Upon the occurrence of a triggering event, such as retirement, death, or disability of a partner, the remaining partner(s) buy the departing partner's interest. 2. Entity or Stock Redemption Agreement: In this type of agreement, the partnership itself agrees to buy the departing partner's interest using partnership funds or by issuing additional partnership interests to the remaining partner(s). This ensures that the partnership continues uninterrupted, and the departing partner is compensated for their interest. 3. Combined Cross-Purchase and Redemption Agreement: This agreement combines elements of both the cross-purchase and entity redemption agreements. It allows the remaining partner(s) and the partnership as a whole to have the option to purchase the departing partner's interest, depending on the circumstances. In a typical Chicago Illinois Buy Sell Agreement Between Partners of General Partnership with Two Partners, the agreement should include the following key provisions: 1. Triggering Events: Clearly define the events that trigger the buyout, such as the death, permanent disability, retirement, divorce, or bankruptcy of a partner. 2. Valuation Method: Establish an agreed-upon method for valuing the departing partner's interest, such as fair market value or a predetermined formula. This avoids disputes and confusion during the buyout process. 3. Funding Mechanism: Determine the funding mechanism for the buyout, whether it will be through cash payments, installment payments, or insurance policies taken out on the lives of the partners. 4. Restrictions on Transfer: Specify any restrictions on the transfer of partnership interests to non-partners to preserve the integrity of the partnership and protect the remaining partner(s). 5. Dispute Resolution: Include a provision outlining the process for resolving any disputes that may arise during the implementation of the agreement, such as mediation or arbitration. It is essential to consult with a qualified attorney experienced in partnership law when drafting a Chicago Illinois Buy Sell Agreement. They can ensure that the agreement complies with applicable state laws, protects the interests of both partners, and avoids any potential legal complications in the future.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.