A buy-sell agreement is an agreement between the owners (shareholders) of a firm, defining their mutual obligations, privileges, protections, and rights.
A Riverside California Buy-Sell Agreement between shareholders of a closely held corporation is a legally binding contract that outlines the terms and conditions for the purchase and sale of shares within the company. This agreement is essential for protecting shareholders' interests in the event of a triggering event, such as death, disability, retirement, or voluntary withdrawal from the corporation. The purpose of a Riverside California Buy-Sell Agreement is to establish a fair and orderly process for the transfer of shares between shareholders. It helps ensure that the departing shareholder receives a fair value for their shares and that the remaining shareholders have the opportunity to maintain control of the corporation. There are several types of Riverside California Buy-Sell Agreements between shareholders of closely held corporations, including: 1. Cross-Purchase Agreement: In this type of agreement, each shareholder agrees to buy the shares of a departing shareholder. The remaining shareholders become the buyers, and the departing shareholder becomes the seller. Each shareholder typically purchases a proportional share of the departing shareholder's shares based on their ownership percentage. 2. Stock Redemption Agreement: In a stock redemption agreement, the corporation itself agrees to purchase the shares of a departing shareholder. The corporation uses its own funds or cash reserves to buy back the shares. This type of agreement is beneficial when there are numerous shareholders, and it simplifies the buying process. 3. Hybrid Agreement: A hybrid agreement combines elements of both the cross-purchase and stock redemption agreements. The decision of whether the remaining shareholders or the corporation will buy the shares is determined case-by-case, often based on the circumstances of the triggering event. 4. Entity Purchase Agreement: Also known as a "wait-and-see" agreement, this type allows both the remaining shareholders and the corporation to have the option to purchase the shares of a departing shareholder. The decision is made at the time of the triggering event, based on factors like tax considerations and financial circumstances. In summary, a Riverside California Buy-Sell Agreement between shareholders of a closely held corporation is a vital legal tool that provides a clear roadmap for the transfer of shares in various triggering events. Whether it's a cross-purchase, stock redemption, hybrid, or entity purchase agreement, having a well-drafted agreement in place ensures fairness and continuity for all shareholders involved.
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.
