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Maine 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.

Maine 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 A Maine Buy Sell or Stock Purchase Agreement is a legally binding document that outlines the terms and conditions for buying or selling membership units in a Limited Liability Company (LLC) based in the state of Maine. This agreement is applicable when a member of an LLC decides to transfer his or her ownership interest to another party, whether it's due to retirement, disability, death, or any other reason. One significant feature of this agreement is the option to fund the purchase through life insurance. Life insurance can provide a secure financial solution for the involved parties, ensuring that the funds necessary for the purchase are readily available in the event of the member's death. The agreement may stipulate the specifics of the life insurance policy, such as the coverage amount, beneficiaries, and the responsibility of premium payments. There are various types of Maine Buy Sell or Stock Purchase Agreements covering Membership Units in an LLC with an Option to Fund the Purchase through Life Insurance. Here are a few of the most common variations: 1. Cross-Purchase Agreement: In a cross-purchase agreement, the remaining LLC members agree to purchase the exiting member's ownership units using the insurance proceeds. Each member will have their own life insurance policy, and upon an insured member's death, the other members will utilize the obtained funds to acquire the deceased member's units. 2. Entity Purchase Agreement: In contrast to the cross-purchase agreement, the entity purchase agreement involves the LLC itself purchasing the membership units from the exiting member. The LLC typically owns the life insurance policies and is responsible for paying the premiums. Upon a member's death, the LLC uses the insurance proceeds to repurchase and retire the deceased member's units. 3. Wait-and-See Agreement: This type of agreement offers flexibility by allowing the remaining members or the LLC to decide whether to purchase the units using life insurance proceeds or personal funds. The decision is made at the time of the triggering event, such as the member's death, and can be based on the prevailing circumstances and the financial viability of the involved parties. 4. Hybrid Agreement: A hybrid agreement combines elements from both the cross-purchase and entity purchase agreements. Depending on the specific circumstances, certain members may choose to purchase the exiting member's units directly, while others may opt for the LLC to buy the units. Life insurance is utilized to fund the purchase as agreed upon within the hybrid agreement. These are just a few examples of the different types of Maine Buy Sell or Stock Purchase Agreements covering Membership Units in an LLC with an Option to Fund the Purchase through Life Insurance. It is advisable for individuals or businesses seeking such agreements to consult with legal professionals to ensure that the agreement reflects their specific needs and requirements.

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How to fill out Maine 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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FAQ

What is a Policy Owner? The policy owner is the person who buys and owns an insurance policy. That individual may be the insured, meaning they bought life insurance on themselves, but people can also take out life insurance policies on others. In those cases, the policy owner and the insured are two different people.

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 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.

Advantages of using life insurance Life insurance creates a lump sum of cash to fund the buy-sell agreement at death. Life insurance proceeds are usually paid quickly after death, ensuring that the buy-sell transaction can be settled quickly. Life insurance proceeds are generally income-tax free.

Along with offering cost savings over a lump sum cash payment, insurance policy funding also helps avoid the interest of a loan. Funding a buy-sell agreement with life insurance can also help make sure the business will have the means to purchase an exiting owner's shares, regardless of timing.

STOLI refers to the sale of a life insurance policy to a third party. The owner of the life insurance policy sells the policy for an immediate cash benefit. The buyer becomes the new owner of the life insurance policy, pays future premiums, and collects the death benefit when the insured dies.

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.

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.

More info

When there is only one owner of a company, a one-way buy-sell agreement can be set up, where a designated buyer pays for a life insurance policy on the owner. This form provides that the LLC has the right to purchase a member s membership units upon his death. The LLC can fund this transaction through a life insurance ...Sep 16, 2019 — Buy-sell agreements are critical when dealing with a closely held business and yet often ignored or given short shrift by business owners. 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 ... This MEMBERSHIP UNITS PURCHASE AGREEMENT (this “Agreement”) is entered into as of June 13, 2008 (the “Effective Date”), by and between LinkedIn Corporation, a ... Sep 16, 2022 — In a “redemption” agreement, the company owns the life insurance policies and the buy-sell provides that the company will purchase the deceased ... First, establish a Cross-Purchase Buy-Sell Agreement. As part of the Buy-Sell Agreement, owners agree to establish an LLC for the purpose of holding life ... A buy/sell agreement (or buyout agreement) exists to help business owners ensure the continuity of their business after the loss of an owner. Sep 28, 2011 — Under this approach, the business owners would still execute a cross-purchase agreement, but would form an LLC to own a life insurance policy on ... §1508, the fictitious name under which it seeks authority to conduct activities in the State of Maine is: (If not applicable, so indicate.) Form MLLC-5 ...

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Maine 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