Mecklenburg North Carolina Acuerdo de Compra-Venta entre Accionistas de Sociedad Anónima Cerrada - Buy-Sell Agreement between Shareholders of Closely Held Corporation

• Category: Sociedades Anónimas - Comprar Vender
• State: Multi-State
• County: Mecklenburg
• Control #: US-02462BG
• Format: Word

Description

A corporation whose shares are held by a single shareholder or a closely-knit group of shareholders (such as a family) is known as a close corporation. The shares of stock are not traded publicly. Many of these types of corporations are small firms that in the past would have been operated as a sole proprietorship or partnership, but have been incorporated in order to obtain the advantages of limited liability or a tax benefit or both. A buy-sell agreement is an agreement between the owners (shareholders) of a firm, defining their mutual obligations, privileges, protections, and rights. A Mecklenburg North Carolina Buy-Sell Agreement between Shareholders of a Closely Held Corporation, also known as a shareholder agreement, is a legally binding contract that outlines the terms and conditions under which shares of a closely held corporation can be bought or sold between shareholders. This agreement sets forth provisions for situations such as death, disability, retirement, or voluntary sale of shares, providing a mechanism for the orderly transfer of ownership within the corporation. Some key elements included in a Mecklenburg North Carolina Buy-Sell Agreement are: 1. Shareholder Rights and Obligations: The agreement defines the rights and obligations of shareholders in relation to the purchase and sale of shares. It outlines their responsibilities and limitations as shareholders. 2. Transfer Restrictions: Provisions are put in place to restrict the transfer of shares outside the closely held corporation. This ensures that shareholders have control over who can become a shareholder and prevents unwanted third-party ownership. 3. Valuation Method: The agreement sets forth the method through which the value of the shares will be determined. This can include pre-determined formulas, independent appraisals, or a process agreed upon by all parties involved. 4. Triggering Events: The agreement specifies the triggering events that can initiate a buy-sell transaction, such as death, disability, retirement, or voluntary sale. Each event may have specific terms and conditions tailored to the circumstances. 5. Purchase and Sale Terms: The agreement details the terms and conditions for the purchase and sale of shares, including the price, payment terms, and any necessary approvals or consents required. 6. Financing Options: If needed, the agreement may provide mechanisms for financing the buy-sell transaction, such as installment payments or third-party lending. 7. Dispute Resolution: In case of any disputes arising from the agreement, mechanisms for resolution, such as mediation, arbitration, or litigation, may be included. Types of Mecklenburg North Carolina Buy-Sell Agreements between Shareholders of Closely Held Corporations may include: 1. Cross-Purchase Agreement: In this type of agreement, each shareholder has the right and obligation to purchase shares from the departing shareholder. This structure is often used when there are only a few shareholders in the corporation. 2. Stock Redemption Agreement: In a stock redemption agreement, the corporation itself has the right and obligation to redeem the shares of a departing shareholder. This method is commonly used when there are multiple shareholders or a larger corporation. 3. Hybrid Agreement: This type of agreement combines elements of both cross-purchase and stock redemption agreements, offering flexibility depending on the circumstances. It is important to consult with legal professionals familiar with Mecklenburg North Carolina laws when drafting or executing a Buy-Sell Agreement to ensure compliance with local regulations and tailor the agreement to the specific needs of the closely held corporation and its shareholders.

A Mecklenburg North Carolina Buy-Sell Agreement between Shareholders of a Closely Held Corporation, also known as a shareholder agreement, is a legally binding contract that outlines the terms and conditions under which shares of a closely held corporation can be bought or sold between shareholders. This agreement sets forth provisions for situations such as death, disability, retirement, or voluntary sale of shares, providing a mechanism for the orderly transfer of ownership within the corporation. Some key elements included in a Mecklenburg North Carolina Buy-Sell Agreement are: 1. Shareholder Rights and Obligations: The agreement defines the rights and obligations of shareholders in relation to the purchase and sale of shares. It outlines their responsibilities and limitations as shareholders. 2. Transfer Restrictions: Provisions are put in place to restrict the transfer of shares outside the closely held corporation. This ensures that shareholders have control over who can become a shareholder and prevents unwanted third-party ownership. 3. Valuation Method: The agreement sets forth the method through which the value of the shares will be determined. This can include pre-determined formulas, independent appraisals, or a process agreed upon by all parties involved. 4. Triggering Events: The agreement specifies the triggering events that can initiate a buy-sell transaction, such as death, disability, retirement, or voluntary sale. Each event may have specific terms and conditions tailored to the circumstances. 5. Purchase and Sale Terms: The agreement details the terms and conditions for the purchase and sale of shares, including the price, payment terms, and any necessary approvals or consents required. 6. Financing Options: If needed, the agreement may provide mechanisms for financing the buy-sell transaction, such as installment payments or third-party lending. 7. Dispute Resolution: In case of any disputes arising from the agreement, mechanisms for resolution, such as mediation, arbitration, or litigation, may be included. Types of Mecklenburg North Carolina Buy-Sell Agreements between Shareholders of Closely Held Corporations may include: 1. Cross-Purchase Agreement: In this type of agreement, each shareholder has the right and obligation to purchase shares from the departing shareholder. This structure is often used when there are only a few shareholders in the corporation. 2. Stock Redemption Agreement: In a stock redemption agreement, the corporation itself has the right and obligation to redeem the shares of a departing shareholder. This method is commonly used when there are multiple shareholders or a larger corporation. 3. Hybrid Agreement: This type of agreement combines elements of both cross-purchase and stock redemption agreements, offering flexibility depending on the circumstances. It is important to consult with legal professionals familiar with Mecklenburg North Carolina laws when drafting or executing a Buy-Sell Agreement to ensure compliance with local regulations and tailor the agreement to the specific needs of the closely held corporation and its shareholders.

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.