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The valuation provision of a buy-sell agreement describes how a departing shareholder's business interest will be priced for purchase by the company or the remaining shareholders.
The appraiser can use various valuation techniques, such as discounted cash flow, market comparison, or asset-based methods. The advantage of this method is that it provides a credible and reliable valuation that reflects the current and realistic value of the business.
The following pieces of information should be spelled out in a buy and sell agreement: a list of triggering buyout events, including death, permanent disability, bankruptcy or retirement, etc. a list of partners or owners involved and their current equity stakes. a recent valuation of the company's overall equity.
Although a buy-sell agreement has many benefits, it also may place restrictions on your ability to transfer your interest to parties outside of the agreement or leverage your business interest as collateral for outside credit.
Here is how buy-sell agreements work: Determine which events invoke a triggered buyout. Establish who has rights and purchase obligations. Identify the names and address of the purchasers. Set a purchase price or valuation with applicable discounts. Establish payment terms as well as their intervals.