If your business is solely owned, or owned solely by legally married spouses or registered domestic partners, a Buy-Sell Agreement may not be necessary (although succession planning is still a crucial aspect to consider).
sell agreement may even be used by a limited liability company (LLC), conventional corporation, or sole proprietorship (where it is used to designate an employee as a purchaser of the business or business successor).
sell agreement is a written contract between two or more owners of a business, or among owners of the business and the entity.
A buy and sell agreement may also be called a buyout agreement, a business will, or a business prenup.
Therefore, shareholder agreements are often called buy/sell agreements. The agreement should define persons to whom stock may be transferred without triggering any implications.
Generally, they should include the following information: A list of the partners or owners involved and their current equity stakes. A recent business valuation, which is used to place a value on each partner's interest. Events that trigger a buyout, such as death, disability, bankruptcy, or retirement.
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.
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.
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.