The Buy/Sell Agreement
A buy/sell agreement is a legal mechanism, which works in conjunction with a shareholder agreement, by which business owners can assure the smooth transfer of ownership of the business shares should a crisis occur to one of the shareholders.
Buy/Sell Agreements protect...
Business Continuation - It is imperative that the unaffected shareholders are able to continue running the business and make key decisions regarding the business without interference from third parties, such as the deceased business owner's family, estate or beneficiaries.
The Affected Shareholder & Family - It is important that they are able to realise fair value from the business assets in an appropriate manner to enable them to make financial decisions that meet their personal objectives without compromising the business and their relationship with the remaining shareholders.
Buy/Sell Agreements provide...
The unaffected owners with the right to purchase the departing owner's shareholding at an agreed value.
The affected owner's estate with the obligation to sell their shareholding in the business to the remaining owners according to the agreement and at an agreed value.
Buy/Sell Agreements protect...
Business Continuation - It is imperative that the unaffected shareholders are able to continue running the business and make key decisions regarding the business without interference from third parties, such as the deceased business owner's family, estate or beneficiaries.
The Affected Shareholder & Family - It is important that they are able to realise fair value from the business assets in an appropriate manner to enable them to make financial decisions that meet their personal objectives without compromising the business and their relationship with the remaining shareholders.
Buy/Sell Agreements provide...
The unaffected owners with the right to purchase the departing owner's shareholding at an agreed value.
The affected owner's estate with the obligation to sell their shareholding in the business to the remaining owners according to the agreement and at an agreed value.
Benefits of a Buy/Sell Agreement
Benefits for the remaining owners:
1) They know the purchase price and valuation method of the shares in advance
2) They don't have to worry about new, unwanted partners, and
3) The smooth transition of control and ownership will help the company retain the confidence of clients and creditors
Benefits for your family:
1) Your family will be free of business worries at a time of crisis.
2) It guarantees a purchaser of those shares
3) If kept up-to-date it ensures a fair price from the sale your shares
1) They know the purchase price and valuation method of the shares in advance
2) They don't have to worry about new, unwanted partners, and
3) The smooth transition of control and ownership will help the company retain the confidence of clients and creditors
Benefits for your family:
1) Your family will be free of business worries at a time of crisis.
2) It guarantees a purchaser of those shares
3) If kept up-to-date it ensures a fair price from the sale your shares
The Funding Mechanism
Although there are different funding methods available to provide the business owners with the capital to complete the transfer of ownership, the most successful method is to fund using insurance within a business protection insurance strategy, generally a combination of:
- Life Insurance, and
- Total & Permanent Disablement (TPD) Insurance
Business Protection Insurance can provide a unique and cost-effective solution to the buy/sell agreement funding problem. What makes it unique is that a third party (insurance company) will provide the required purchase price in the event of an owner's death or permanent disability. It is cost effective because it can provide that purchase price at only a fraction of the cost of the alternatives, such as borrowing or selling business assets.
Click for more information on Business Protection
- Life Insurance, and
- Total & Permanent Disablement (TPD) Insurance
Business Protection Insurance can provide a unique and cost-effective solution to the buy/sell agreement funding problem. What makes it unique is that a third party (insurance company) will provide the required purchase price in the event of an owner's death or permanent disability. It is cost effective because it can provide that purchase price at only a fraction of the cost of the alternatives, such as borrowing or selling business assets.
Click for more information on Business Protection