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.
In essence, a buy-sell agreement is a legally binding contract that stipulates how a partner's share of a business may be reassigned if that partner were to die or otherwise leave the business. Buy-sell agreements are commonly used by sole proprietors, closed corporations and partnerships.
The agreement can be funded by each owner purchas-ing a life and/or disability insurance policy on the life of the other owners. Insurance is often a very efficient method of funding a buy-sell arrangement.
sell agreement is a written contract between two or more owners of a business, or among owners of the business and the entity.
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.
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.
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.