Arkansas Checklist - Buy/Sell Agreements - Contingencies

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A buy-sell agreement is an agreement between the owners of the business for purchase of each others interest in the business. Such an agreement will spell out the terms governing sale of company stock to an outsider and thus protect control of the company. It can be triggered in the event of the owner's death, disability, retirement, withdrawal from the business or other events. Life insurance owned by the corporation is often used to provide the funds to purchase the shares of a closely held company if one of the owners dies.


The time to prevent disputes is before they occur. Experience proves that owners anxieties created in dealing with one another are inversely proportional to the effort they spend addressing business problems in the event that they should happen. Dealing with these contingencies before they manifest themselves is the secret to a harmonious business relationship with other owners, Use the checklist below to determine areas where you may need assistance.

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FAQ

sell agreement outlines crucial terms that both parties must follow. Key items include the valuation of the business, the triggers for the buysell provisions, and payment terms. It also specifies contingencies, like the occurrence of death, disability, or retirement of an owner. Using the Arkansas Checklist Buy/Sell Agreements Contingencies can guide you in drafting a comprehensive agreement that protects all parties involved.

The two most common types of buy-sell agreements are entity-purchase and cross-purchase agreements.

An example of a contingency is the unexpected need for a bandage on a hike. The definition of a contingency is something that depends on something else in order to happen. An example of contingency is a military strategy that can't go forward until an earlier piece of the war plan is complete.

The key elements of a buy-sell agreement include:Element 1. Identify the parties.Element 2. Triggered buyout event.Element 3. Buy-sell structure.Element 4. Company valuation.Element 5. Funding resources.Element 6. Taxation considerations.

The primary purpose of a buy-sell agreement is to maintain ownership and operations within the existing management/ownership group; avoid interference from the exiting owner's family; provide liquidity to pay estate taxes/retirement; avoid disputes with the exiting owner's family regarding succession and value; and

The four types of buy sell agreements are:Cross-purchase agreement.Entity purchase agreement.Wait-and-See.Business-continuation general partnership.

A contingency clause often states that your offer to buy property is contingent upon X,Y, & Z. For example, the contingency clause may state, The buyer's obligation to purchase the real property is contingent upon the property appraising for a price at or above the contract purchase price.

The creation of buy-sell agreements involves a certain amount of future-thinking. The parties must think about what could, might, or will happen and write an agreement that will work for all sides in the event an agreement is triggered at some unknown time in the future.

Make an Offer Like a Boss#1 Know Your Limits. Your agent will help you craft a winning offer.#2 Learn to Speak "Contract"#3 Set Your Price.#4 Figure Out Your Down Payment.#5 Show the Seller You're Serious: Make a Deposit.#6 Review the Contingency Plans.#7 Read the Fine Print About the Property.#8 Make a Date to Settle.More items...

Below is an explanation of what these contingencies are and how they work so that you can go into your transaction feeling informed.Inspection Contingencies. In the home buying process, inspections are for your benefit, as the buyer.Financing Contingency.Appraisal Contingency.Title Contingency.Home Sale Contingency.

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Arkansas Checklist - Buy/Sell Agreements - Contingencies