West Virginia Shareholders Buy Sell Agreement of Stock in a Close Corporation with Noncom petition Provisions In West Virginia, a Shareholders Buy Sell Agreement of Stock in a Close Corporation with Noncom petition Provisions is a legally binding contract enacted between shareholders of a close corporation. This agreement stipulates the terms and conditions for the buying and selling of stock within the company, while also incorporating noncom petition provisions to protect the corporation's interests. The agreement outlines the ownership rights and responsibilities of the shareholders, defining the process for transferring shares and establishing the valuation method for determining the sale price. This ensures a fair and efficient method for shareholders to buy or sell their shares and prevent unnecessary disputes. One type of West Virginia Shareholders Buy Sell Agreement of Stock in a Close Corporation with Noncom petition Provisions is the Redemption Agreement. This agreement enables the corporation to repurchase shares from a shareholder who wants to sell, typically upon certain triggering events such as retirement, disability, or death. The redemption price may be predetermined or determined by the agreement's valuation method. Another type is the Cross-Purchase Agreement, wherein shareholders have the option to purchase the selling shareholder's shares directly. This type of agreement is commonly used when a few shareholders exist within the close corporation. The purchasing shareholder(s) will use their personal funds to acquire the shares, proportionate to their existing ownership. The West Virginia Shareholders Buy Sell Agreement of Stock in a Close Corporation with Noncom petition Provisions also includes noncom petition clauses to protect the corporation's goodwill and prevent potential harm caused by a departing shareholder. These provisions prohibit shareholders, upon the sale or transfer of their shares, from engaging in a similar business that would compete directly with the corporation, within a specified geographic area and timeframe. Key considerations when drafting such an agreement include the duration of the noncom petition provisions, defining the scope of prohibited activities, and establishing suitable remedies in case of breaches. These provisions aim to maintain the corporation's competitive advantage and safeguard its interests following a shareholder's departure. It is important for close corporations in West Virginia to have a comprehensive Shareholders Buy Sell Agreement of Stock with Noncom petition Provisions in place. This legally binding contract significantly reduces potential conflicts and ensures a smooth transition of ownership while protecting the corporation's overall stability and success.