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Contract lawyers draft the buy-sell agreement. They can work with either party when drafting, negotiating, and executing the terms. It is recommended that each partner retain their counsel when entering into this type of contract.
Disadvantages: (1) The price is not determined now; (2) Can become costly; (3) Uncertainty over final value in the process can be stressful; (4) Owner uncertainty over what will happen when a triggering event occurs.
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.
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.
Any stakeholders, including partners or owners, and their current stake in the business' equity. Events that would trigger a buyout, such as death, disability, divorce, retirement, or bankruptcy. A recent business valuation. The structure by which partners would buy or sell their interest in the business.