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Guam Buy Sell or Stock Purchase Agreement Covering Membership Units in a Limited Liability Company (LLC) with an Option to Fund the Purchase through Life Insurance

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US-00835BG
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This form is set up as a Buy Sell Agreement between the LLC and a key member. It applies in the case of the death, disability, retirement or offer of member to sell his membership units during his lifetime.

A Guam Buy Sell or Stock Purchase Agreement covering Membership Units in a Limited Liability Company (LLC) with an option to fund the purchase through life insurance is a legal document designed to outline the terms and conditions of buying or selling membership units in an LLC in Guam. It also provides the option to finance the purchase using life insurance. This agreement serves as a safeguard for both parties involved in the transaction. It helps establish a framework for the purchase or sale of membership units, including price, payment terms, and conditions that must be met for the agreement to be executed. Additionally, it offers the opportunity to fund the purchase through life insurance, which can provide financial security and ensure the smooth transfer of ownership. There might be variations of this type of agreement, depending on the specific circumstances and preferences of the parties involved. Some possible variations include: 1. Cross-Purchase Agreement: In this type of agreement, each individual member of the LLC agrees to purchase the membership units of another member in the event of death, disability, retirement, or other triggering events. Life insurance policies are used to fund the purchase. 2. Entity-Purchase Agreement: In an entity-purchase agreement, the LLC itself agrees to purchase the membership units of a member in the event of certain triggering events. The LLC will take out life insurance policies on the lives of its members to finance the purchase. 3. Wait-and-See Agreement: This type of agreement allows either the individual members or the entity itself to purchase the membership units, depending on the triggering event. The decision is made at the time of the event, based on the circumstances and preferences of the parties involved. 4. Hybrid Agreement: A hybrid agreement combines elements of both cross-purchase and entity-purchase agreements, allowing certain members to purchase units while the LLC purchases the remaining units. This type provides flexibility and allows for individualized arrangements. Overall, a Guam Buy Sell or Stock Purchase Agreement covering Membership Units in an LLC with an option to fund the purchase through life insurance is a crucial legal document for protecting the rights and interests of all parties involved in buying or selling membership units. It ensures a smooth transfer of ownership and provides financial security through the incorporation of life insurance as a funding option.

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FAQ

As a business owner you have options: your life insurance policy can be personally or corporately owned. There are tax advantages to a business-owned policy. It provides a one-time, tax-free payout for your business if you, your business partner or key employees die.

The life insurance premiums used to fund a buy-sell agreement are not tax deductible. In a Cross-Purchase Agreement where an individual shareholder purchases life insurance on the life of another shareholder and pays the premium, it is paid for with after-tax dollars.

The business pays the premiums and therefore exists as the owner and beneficiary of the policy. When an employee-owner dies, that share of the company passes to the heirs of his or her estate. Then the business can use the policy's death benefit to buy the interest from the estate.

An Alternative Structure: Use an LLC Under this technique, the business owners can still execute a ?cross-purchase? agreement coupled with an ILLC to purchase and own a life insurance policy on the life of each owner.

Whether it's help to cover a tax liability at death, to ensure adequate funding for a shareholders' agreement, or to put a capitalization program in place for a shareholder's policy, a life insurance policy will often be purchased by a corporation or a group of corporations, or even a trust.

A life insurance buy-sell agreement requires the business owners to carry life insurance that benefits each other or the business, so that the proceeds of the life insurance policy will be available to pay for the deceased member's ownership interest.

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Guam Buy Sell or Stock Purchase Agreement Covering Membership Units in a Limited Liability Company (LLC) with an Option to Fund the Purchase through Life Insurance