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Elements of a buy-sell agreement include: 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. Drafting an Effective Buy-Sell Agreement | Wolters Kluwer Wolters Kluwer ? ... ? Expert Insights Wolters Kluwer ? ... ? Expert Insights
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.
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. Buy Sell Agreement: What You Need to Know Contracts Counsel ? buy-sell-agreement Contracts Counsel ? buy-sell-agreement
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. A Valuation Can Strengthen Your Buy-Sell Agreement holbrookmanter.com ? vaulation-can-strengt... holbrookmanter.com ? vaulation-can-strengt...
If you don't have a binding buy-sell agreement in place, your business is at risk. Without a clear succession plan, disputes can arise among partners?or their surviving spouses?that lead to loss of valuable time, increased expenses, and costly litigation. The Buy-Sell Agreement: What it is and why it is important? buchananlaw.com ? the-buysell-agreement buchananlaw.com ? the-buysell-agreement