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This situation is typically referred to as a buyout or buy-sell transaction following a triggering event, such as the death of a stockholder. This process ensures the smooth transfer of shares without disrupting business operations. Additionally, it reflects the principles established in the Illinois Shareholders Buy Sell Agreement of Stock in a Close Corporation with Agreement of Spouse and Stock Transfer Restrictions. To create an effective buy-sell agreement that includes these provisions, consider leveraging the resources available on uslegalforms.
Buy-sell agreements, also called buyout agreements and shareholder agreements, are legally binding documents between two business partners that govern how business interests are treated if one partner leaves unexpectedly.
In a cross-purchase agreement, one or more of the remaining shareholders agrees to purchase the stock from the estate of a deceased shareholder or from the departing shareholder.
A buyout agreement does not define the terms of the sale or purchase of a company. A buyout agreement is a contract between the shareholders of a company.
sell agreement establishes the fair value of a person's share in the business, which comes in handy if a partner wants to remain in the company after another partner's exit. This helps forestall disagreements about whether a buyout offer is fair since the agreement establishes these figures ahead of time.
The business owners individually own the policies insuring each other's lives. When a business owner dies, the proceeds are paid to those surviving owners who hold one or more policies on the deceased owner, and these surviving owners buy the shares from the deceased owner's personal representative.
Entity-purchase agreement Under an entity-purchase plan, the business purchases an owner's entire interest at an agreed-upon price if and when a triggering event occurs. If the business is a corporation, the plan is referred to as a stock redemption agreement.
Stock transfer restrictions come in several general flavors: Requirement that the board or the other shareholders approve a transfer of stock; Right of first refusal; Mandatory buyback by the company or other shareholders.
The sale of the shares may be accomplished in two very different ways. First, each shareholder can agree to purchase, pro rata or otherwise, all the stock being sold. This is called a "cross purchase" of stock.
The buy and sell agreement is also known as a buy-sell agreement, a buyout agreement, a business will, or a business prenup.