Other names for this agreement include shareholder agreements or succession agreements. In the sections below, we'll explain in detail what a buy-sell agreement is, how it benefits business owners, and why it's so important to have one—even if your business partner is your best friend.
The partnership agreement should clearly define partnership authority, also known as binding power. This outlines which partner(s) can commit the business to debt or contractual obligations, minimizing unnecessary risk.
Also known as a buy-sell agreement, a buyout agreement is a contract between business partners that identifies what will happen following the departure of one of the owners. These agreements account for all possible situations including voluntary separation and the untimely death of a partner.
sell agreement provides a plan for the orderly transfer of any owner's business interest. Consider a buysell agreement for your business if: You have two or more owners. You want to provide protection in the event of any owner's termination of employment, retirement, divorce, disability, or death.
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.
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.
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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.
The buy-sell agreement can ensure that the ownership of the company continues on in a manner that is in the best interests of the company and fair to the owners by spelling out what happens under different triggering events.