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. These agreements account for all possible situations including voluntary separation and the untimely death of a partner.
The partnership agreement should clearly define partnership authority, also known as binding power. This outlines which partner(s) can commit the business to debt or contractual obligations, minimizing unnecessary risk.
Other names for this agreement include shareholder agreements or succession agreements. In the sections below, we'll explain in detail what a buy-sell agreement is, how it benefits business owners, and why it's so important to have one—even if your business partner is your best friend.
sell agreement provides a plan for the orderly transfer of any owner's business interest. Consider a buysell agreement for your business if: You have two or more owners. You want to provide protection in the event of any owner's termination of employment, retirement, divorce, disability, or death.
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.
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.
sell agreement is a written contract between two or more owners of a business, or among owners of the business and the entity.
sell agreement provides a plan for the orderly transfer of any owner's business interest. Consider a buysell agreement for your business if: You have two or more owners. You want to provide protection in the event of any owner's termination of employment, retirement, divorce, disability, or death.
Buy/sell agreements use life insurance to fund the transfer of business ownership in the event of an owner's death or disability. The life insurance proceeds provide liquidity to remaining owners or the business, ensuring a smooth transition while securing the financial future of the departing owner's family.
These agreements work by first purchasing life insurance policies for each business owner, with the other owner(s) named the beneficiary. If a partner passes away, the surviving owners receive a death benefit to use toward purchasing the deceased owner's stake in the business.