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In a Shareholders Agreement, a non-compete clause prevents shareholders from competing against the corporation’s business interests once they exit the company. Typically, this clause outlines the duration, scope, and geographical area covered. Including such a clause in a New Mexico Shareholders Buy Sell Agreement of Stock in a Close Corporation with Noncompetition Provisions ensures that departing shareholders do not undermine the corporation's market position.
Some of the common triggers include death, disability, retirement or other termination of employment, the desire to sell an interest to a non-owner, dissolution of marriage or domestic partnership, bankruptcy or insolvency, disputes among owners, and the decision by some owners to expel another owner.
What is a Buy-Sell Agreement? 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.
The two most common types of buy-sell agreements are entity-purchase and cross-purchase agreements.
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.
Company purchase agreements are essential for transferring the ownership of a business upon a trigger event, such as death or disability. They generally contain the terms and conditions of the sale, including obligations, warranties, and liabilities.
There are four common buyout structures:Traditional cross purchase plan. Each owner who is left in the business agrees to purchase the co-owner's shares if that individual dies or leaves the business.Entity redemption plan.One-way buy sell plan.Wait-and-see buy sell plan.
There are four common buyout structures:Traditional cross purchase plan. Each owner who is left in the business agrees to purchase the co-owner's shares if that individual dies or leaves the business.Entity redemption plan.One-way buy sell plan.Wait-and-see buy sell plan.
The four types of buy sell agreements are:Cross-purchase agreement.Entity purchase agreement.Wait-and-See.Business-continuation general partnership.
Definition. 1. A buy-sell agreement is an agreement among the owners of the business and the entity. 2. The buy-sell agreement usually provides for the purchase and sale of ownership interests in the business at a price determined in accordance with the agreement, upon the occurrence of certain (usually future) events.