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The creation of buy-sell agreements involves a certain amount of future-thinking. The parties must think about what could, might, or will happen and write an agreement that will work for all sides in the event an agreement is triggered at some unknown time in the future.
The key elements of a buy-sell agreement include:Element 1. Identify the parties.Element 2. Triggered buyout event.Element 3. Buy-sell structure.Element 4. Company valuation.Element 5. Funding resources.Element 6. Taxation considerations.
The buy and sell agreement requires that the business share be sold to the company or the remaining members of the business according to a predetermined formula. In the case of the death of a partner, the estate must agree to sell.
A buy/sell agreement is a contract between business partners that outlines conditions under which a partner's interest in the business will be bought out by the other partner or the business itself.
A buyout agreement can stand on its own or can be several provisions in your written partnership agreement that control the following business decisions: whether a departing partner must be bought out. what price will be paid for the departing partner's interest in the partnership.