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.
A buy-sell agreement package is a legal document that sets forth the terms and conditions for buying and selling of a business or ownership interest in Fargo, North Dakota. This agreement is a crucial tool for protecting the interests of business owners and ensuring a smooth transition in the event of an owner's death, disability, retirement, or voluntary exit from the business. The Fargo North Dakota Buy Sell Agreement Package typically includes several key components: 1. Buy-Sell Agreement: The main document outlining the terms and conditions of the buy-sell arrangement between business owners. It specifies the trigger events for the buy-sell agreement, such as death, disability, or retirement, and establishes how the ownership interest will be valued and transferred. 2. Valuation Methods: The package may include various methods for valuing the business or ownership interest, such as appraisals, book value, or a predefined formula. Establishing clear valuation methods helps avoid disputes and ensures a fair price for both parties involved. 3. Funding Mechanisms: The agreement package often includes provisions for how the purchase will be funded, such as through life insurance policies, installment payments, or external financing options. These mechanisms ensure that the buying party has the necessary funds to complete the transaction. 4. Right of First Refusal: Some buy-sell agreements may include a right of first refusal, granting existing business owners the option to purchase the departing owner's interest before it is offered to external parties. This helps maintain control within the existing ownership group. 5. Types of Fargo North Dakota Buy Sell Agreement Packages: a) Cross-Purchase Agreement: This type of agreement allows the remaining owners to purchase the departing owner's interest proportionally to their existing ownership stakes. b) Entity Redemption Agreement: In this agreement, the business itself (corporation or LLC) buys back the departing owner's interest. The redeemed interests are then redistributed among the remaining owners. c) Hybrid Agreement: This combines elements of both cross-purchase and entity redemption agreements. It allows for flexibility in deciding which method is most appropriate based on the circumstances. d) Wait and See Agreement: This agreement delays the choice between a cross-purchase or entity redemption until the triggering event occurs. The flexibility allows for adjustments based on changes in the ownership structure or tax considerations. In conclusion, the Fargo North Dakota Buy Sell Agreement Package is a comprehensive legal document that provides business owners in Fargo with a structured framework for buying and selling interests in a business. By addressing key aspects such as valuation, funding mechanisms, and triggering events, these agreements facilitate a smooth transition and protect the interests of all parties involved.