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Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value

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Multi-State
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US-0919BG
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Description

A cross-purchase agreement sets forth how ownership in a business transfers if the owner dies, retires or becomes disabled. The parties to a cross-purchase agreement always include a seller and a buyer. Cross-purchase agreements aim to ensure that sellers (or their beneficiaries) receive and buyers pay a fair price for their interests.
Some cross-purchase agreements use a dollar amount to calculate the buy-out price, while others use a formula. A valuation of the interest that is the subject of the agreement should be made periodically.

A Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value is an arrangement between the shareholders of a close corporation wherein the surviving shareholders agree to purchase the interests of any withdrawing or deceased shareholder at a purchase price based on the book value of the corporation. This type of agreement is typically used when a shareholder dies, retires, or otherwise withdraws from the corporation. The main types of Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value are: 1. Buy-Sell Agreements: A buy-sell agreement is a contract between the shareholders of a close corporation that establishes the conditions under which a shareholder's interest may be purchased by the surviving shareholders. This type of agreement typically includes provisions regarding the purchase price, who will purchase the shares, and how the purchase will be financed. 2. Redemption Agreements: A redemption agreement is a contract between the shareholders of a close corporation that establishes the conditions under which a shareholder's interest may be purchased by the corporation itself. This type of agreement typically includes provisions regarding the purchase price, who will purchase the shares, and how the purchase will be financed. 3. Cross-Purchase Agreements: A cross-purchase agreement is an agreement between the shareholders of a close corporation that establishes the conditions under which a shareholder's interest may be purchased by any other surviving shareholder. This type of agreement typically includes provisions regarding the purchase price, which shareholders will purchase the shares, and how the purchase will be financed.

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  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value
  • Preview Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value

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FAQ

The trust is the owner and beneficiary of the policies. When one of the owners passes away, the life insurance benefit goes to the trustee, who in turn pays the deceased owner's estate for their business interest.

In a cross purchase buy-sell agreement, each business owner buys a life insurance policy on the other owner(s). With multiple owners, this can get very complex and complicated. Instead, try a trusteed cross purchase buy-sell, in which a third-party (acting as trustee) takes care of the buy-sell arrangement.

As part of the agreement, the business buys life insurance policies on the lives of each owner. The business pays the premiums and therefore exists as the owner and beneficiary of the policy.

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.

In a cross-purchase plan, each business owner purchases a life insurance policy on each of the other owners. Each business owner will pay the premium and will be the owner and beneficiary of the policy written on the partner's life.

purchase agreement allows a company's partners or other stakeholders to coordinate continuance of a business. The agreement involves the purchase of life and/or disability insurance policy in case a stakeholder dies or becomes incapacitated.

The surviving owners have a better tax consequence from the cross purchase plan than the entity purchase plan in their own future exit. When the owner(s) purchase the business interest of their departed or deceased owner, their basis increases by what they pay to the exiting owner or estate of the deceased owner.

A cross purchase buy sell agreement facilitates the transfer of ownership interests of a company. When an owner of a business decides to retire, dies, or is otherwise incapacitated, this agreement will allow the remaining shareholders to purchase the owner's shares.

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Cross-Purchase Agreement among Shareholders of Close Corporation with Purchase by Surviving Shareholders of Interest of Withdrawing or Deceased Shareholder -- Purchase Price Based on Book Value