A Hawaii Buy Sell Agreement Between Shareholders and a Corporation is a legally binding contract that outlines the terms and conditions of the sale and purchase of shares between the shareholders and the corporation. It serves as a mechanism to govern and regulate the transfer of ownership and ensure the smooth functioning and stability of the corporation. The agreement typically includes various essential provisions, including the agreed-upon purchase price of the shares, the terms of payment, and the conditions for the transfer of ownership. It also incorporates clauses that address the circumstances under which the shareholders can or must sell their shares, such as death, disability, retirement, or voluntary resignation. There are different types of Hawaii Buy Sell Agreements Between Shareholders and a Corporation: 1. Cross-Purchase Agreement: In this type of agreement, the shareholders agree to purchase each other's shares upon the occurrence of a triggering event. For example, if one shareholder wishes to retire, the remaining shareholders will buy their shares at an agreed-upon price. This type of agreement is suitable for corporations with a few shareholders. 2. Stock Redemption Agreement: Here, the corporation agrees to purchase the shares of a shareholder upon the occurrence of a triggering event. For instance, if a shareholder passes away, the corporation will buy back their shares from their estate. This type of agreement is typically used in larger corporations where there are numerous shareholders. 3. Hybrid Agreement: This agreement combines elements of both cross-purchase and stock redemption agreements. It allows the remaining shareholders the option to purchase the shares of the departing shareholder, and if they decline, the corporation can choose to buy back the shares. This type of agreement provides flexibility in determining the method of share transfer. The Hawaii Buy Sell Agreement Between Shareholders and a Corporation may also include additional provisions to protect the interests of the parties involved. These provisions may specify designated buyers, establish the method for valuing the shares, address financing options, and outline dispute resolution mechanisms. Overall, the purpose of a Hawaii Buy Sell Agreement Between Shareholders and a Corporation is to ensure the orderly transfer of ownership, maintain the stability of the corporation, and protect the rights and interests of the shareholders. It is crucial for shareholders and the corporation to consider conducting a thorough evaluation of their specific situation and seek legal advice to draft an agreement that best suits their needs.