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Key Elements of a Good Buy-Sell AgreementValuation Clause. Your agreement should include detailed information about your business' worth.Identity the Parties. To have a valid buy-sell contract, you need an agreement from at least two parties.Identify Qualifying Events.Tax Considerations.
The two most-common buy and sell agreements are cross-purchase, and redemption; some agreements will combine the two. Cross-purchase agreements allow remaining owners to buy the interests of a deceased or selling owner. Redemption agreements require the business entity to buy the interests of the selling owner.
In an entity purchase buy-sell agreement, the business itself buys separate life insurance policies on the lives of each of the co-owners. The business usually pays the annual premiums and is the owner and beneficiary of the policies.
When using life insurance with a buy-sell agreement, either the company or the individual co-owners buy life insurance policies on the lives of each co-owner (but not on themselves). If you were to die, the policyowners (the company or co-owners) receive the death benefits from the policies on your life.