Elements of a buy-sell agreement include: 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.
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.
While Shareholder Agreements might touch on provisions related to the transfer of shares or prohibiting transfers, a Buy-Sell Agreement is more specific and effective. It ensures that transitions are handled in a way that aligns with the owners' expectations and the business's financial stability.
A Trigger is an event that causes a buyer to have a clear need, which usually converts into a sense of purpose and urgency in their buying process. As an example in your own personal life, you might have had a vague interest in getting a new camera.
Identifying the different interests of each party Determine the interests of each party, including their goals and objectives. Make a list of the interests of each party. Note any specific requests or concerns of each party. Consider the interests of each party in relation to the terms of the buyout agreement.
For example, three doctors could form a joint practice, and the doctors can agree to a buyout agreement where all remaining doctors can buy a doctor's ownership for $1,000,000 upon retirement.
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 buyout agreement should include the terms of departure, the payment structure, and the succession plan. It should also contain non-compete and non-disclosure clauses, as well as potential risks and penalties.
The buyout agreement should include the terms of departure, the payment structure, and the succession plan. It should also contain non-compete and non-disclosure clauses, as well as potential risks and penalties.