Trigger events will determine when your buy-sell agreement will come into play. Common circumstances include the death, disability, retirement or voluntary departure of a partner, but may extend to additional scenarios, such as divorce or individual bankruptcy.
sell agreement is a written contract between two or more owners of a business, or among owners of the business and the entity.
While Shareholder Agreements might touch on provisions related to the transfer of shares or prohibiting transfers, a Buy-Sell Agreement is more specific and effective. It ensures that transitions are handled in a way that aligns with the owners' expectations and the business's financial stability.
What should be included in a buy-sell agreement? Any stakeholders, including partners or owners, and their current stake in the business' equity. Events that would trigger a buyout, such as death, disability, divorce, retirement, or bankruptcy. A recent business valuation.
Generally, they should include the following information: A list of the partners or owners involved and their current equity stakes. A recent business valuation, which is used to place a value on each partner's interest. Events that trigger a buyout, such as death, disability, bankruptcy, or retirement.
Below are four critical topics you and your lawyer should consider when drafting your company's buy-sell agreement. Identify the Parties Involved. Agree on the Trigger Events. Agree on a Valuation Method. Set Realistic Expectations and Frequently Review the Agreement Terms. About the Author.
These agreements work by first purchasing life insurance policies for each business owner, with the other owner(s) named the beneficiary. If a partner passes away, the surviving owners receive a death benefit to use toward purchasing the deceased owner's stake in the business.