San Jose California Buy Sell Agreement Package

State:
California
City:
San Jose
Control #:
CA-P067-PKG
Format:
Word; 
Rich Text
Instant download

Description

With this Buy-Sell Agreement Package, you will find the forms that are necessary for a future sale of a partner’s or shareholder's interest. In a buy-sell agreement, the party contractually limits his or her ability to dispose of his or her interest in the partnership or corporation to the terms of the agreement, and control of the partnership or corporation may be assured.


Included in your package are the following forms:


Buy-Sell Agreement Between Shareholders of Corp


Buy-Sell Agreement Between Partners of Partnership


Non-Compete Agreement Between Buyer and Seller


Buy-Sell or Stock Purchase Agreement Covering Common Stock in a Closely Held Corporation with an Option to Fund the Purchase Through Life Insurance


Buy-Sell Clauses and Related Material


Detailed information on forms included:


Buy-Sell Agreement Between Shareholders of Corp. - The purpose of this agreement is to provide for the sale by a stockholder during his/her lifetime, or by a deceased stockholder's estate, and to provide all or a substantial part of the funds for the purchase. The form contains the following provisions: total value of the capital stock, procedure upon the death of a stockholder, and amending procedures for the agreement.


Buy-Sell Agreement Between Partners of Partnership - This form is an agreement in which the partners are engaged in a particular business and the purpose of this agreement is to provide for the sale by a partner during a partner's lifetime, or by a deceased partner's estate, of his interest in the partnership, and for the purchase of such interest by the partnership at a price fairly established, and to provide all or a substantial part of the funds for the purchase.


Non-Compete Agreement Between Buyer and Seller- In this form, the seller and purchaser agree not to compete with each other in the specified industry and territory for a certain time period. The form is designed to be adapted to fit your particular needs.


Buy-Sell Clauses and Related Material - This form is a model adaptable for use in partnership matters, based on an example clause used by a 50-50 general partnership or limited liability company joint venture. Buy-sell device includes an auction procedure. Adapt the form to your specific needs and fill in the information.


Buy-Sell or Stock Purchase Agreement Covering Common Stock in a Closely Held Corporation with an Option to Fund the Purchase Through Life Insurance- This form is set up as a Buy Sell Agreement between the Corporation and a key shareholder. It applies in the case of the death, disability, retirement or offer of shareholder to sell the stock during his lifetime.



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FAQ

Having a buy-sell agreement establishes a clear plan to handle any of these events. Without one, a company could face major tax hassles down the road, as well as other financial and legal difficulties.

If a business has more than one owner, it's generally a good idea to have a well-drafted buy-sell agreement to protect everyone's interests. Here are some basics about this important document, including the valuation methods used. There are two basic varieties of buy sell agreements.

A buy/sell agreement gives employers peace of mind knowing that their business is in capable hands should they no longer be able or want to manage it. It also: Provides money to create a fair market value exchange. Promotes equitable and orderly transfer of wealth, ownership and management.

A buy and sell agreement assures a smooth transition of ownership and business continuity in the event of a departure of a partner or large equity owner. The agreement is a legally-binding contract that establishes how the departing owners' shares will be obtained by the remaining partners.

What Should Be Included in a Buy and Sell Agreement? a list of triggering buyout events, including death, permanent disability, bankruptcy or retirement, etc. a list of partners or owners involved and their current equity stakes. a recent valuation of the company's overall equity.

Here is how buy-sell agreements work: Determine which events invoke a triggered buyout. Establish who has rights and purchase obligations. Identify the names and address of the purchasers. Set a purchase price or valuation with applicable discounts. Establish payment terms as well as their intervals.

If a fixed price set in the Buy-Sell Agreement is too high, then the buying owners or the company suffers. For this reason, it's a mistake for the Buy-Sell Agreement to state a fixed price for the company's ownership interest, unless the parties are required to update the price regularly.

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

As a part of this agreement, the business will purchase separate life insurance contract on the lives of the owners. The business will pay the premiums and will be the owner and beneficiary.

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San Jose California Buy Sell Agreement Package