What should be included in a buy-sell agreement? 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 Michigan Statute of Frauds, however, requires certain contracts to be in writing in order to be legally enforceable in court.
sell agreement is a written contract between two or more owners of a business, or among owners of the business and the entity.
Below are four critical topics you and your lawyer should consider when drafting your company's buy-sell agreement. Identify the Parties Involved. Agree on the Trigger Events. Agree on a Valuation Method. Set Realistic Expectations and Frequently Review the Agreement Terms.
Trigger events will determine when your buy-sell agreement will come into play. Common circumstances include the death, disability, retirement or voluntary departure of a partner, but may extend to additional scenarios, such as divorce or individual bankruptcy.
Insurance is often a very efficient method of funding a buy-sell arrangement. If insurance is not possible, other options include planning to borrow the necessary funds and/or installment buyouts.
A buy and sell agreement may also be called a buyout agreement, a business will, or a business prenup.
While a buy-sell agreement typically addresses the sale of shares among co-owners of a business, a shareholder agreement may address a wider range of issues, including the management and control of the business , the distribution of profits, and the appointment of directors and officers.