A buyout agreement, also known as a buy-sell agreement, is a legally binding document that governs the transfer of business ownership when certain events occur, such as an owner's voluntary departure, retirement, disability, death, or other unexpected situations.
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.
What Is a Buyout Agreement? Also known as a buy-sell agreement, a buyout agreement is a contract between business partners that identifies what will happen following the departure of one of the owners.
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.
For instance, a commercial lease buyout clause example might say something such as, “Lessee will have the right after the first (1st) lease year to buyout the Lease upon Ninety (90) days written notice and payment of One-Hundred Thousand Dollars ($100,000.00) to Lessor.
A shareholder buyout is usually performed via a share buy back but there are other possible options. They buyout can take place over a period of time if the value of the shares is large, however, it is very important to take into account the various tax implications that can arise before deciding the route to take.
A compulsory buy-out provision can be included in the shareholders' agreement which provides that if a shareholder dies, the remaining shareholders, or the business, will be forced to buy the deceased's shares, and the executor or administrator of the estate would be required to sell the shares.
A buyout agreement, also known as a buy-sell agreement, is a legally binding document that governs the transfer of business ownership when certain events occur, such as an owner's voluntary departure, retirement, disability, death, or other unexpected situations.
How to Write a Partnership Agreement Define Partnership Structure. Outline Capital Contributions and Ownership. Detail Profit, Loss, and Distribution Arrangements. Set Decision-Making and Management Protocols. Plan for Changes and Contingencies. Include Legal Provisions and Finalize the Agreement.