Unpredictable Events
Happen All the Time.
Is your business protected no matter what life throws at you?
Secure the Long-Term Success of Your Business with a
Buy/Sell Partnership Agreement
Protect Your Business with a Buy/Sell Agreement
A Buy/Sell Partnership Agreement (also known as a buyout agreement) protects your business from unexpected changes in your partnership. It is a legally binding contract that states how a partner’s share of the business may be reassigned in case of unexpected events.
A Buy/Sell Agreement protects your
business in case of:
Disability
When a business partner becomes sick or injured, ensure fair compensation and sale of shares.
Divorce
Shield your company from a divorce settlement and define who has the right to sell shares and when.
Disagreement
Preserve your investments and avoid costly, time consuming court battles.
Death
After losing a business partner, ensure shares are passed on to a qualified partner instead of an unsuitable family member.
Although you have no control over unexpected events, eliminating the risk as much as possible is something you do have control of.
The Success of Your Business
Depends on the Decisions
You Make NOW. . .
Starting your own business is inherently risky. And although starting a partnership is exciting, it adds a new level of risk. That’s why it’s important to eliminate as much risk as possible as early as you can. One smart way to do this is by drafting up a Buy/Sell Partnership Agreement.
A Well-Thought Out Buy/Sell
Partnership Agreement Includes
following a partner's planned (or unplanned) departure from the business.
in the event of death to help pay state and federal taxes, debts and other estate settlement costs.
With a smooth transition of leadership; your employees, customers, suppliers, creditors, etc. will feel more secure and be more likely to stay with the company.
Knowing the details of your retirement can help you plan for it without having to depend on the business.
helps your family plan for the future with confidence.
for estate tax purposes so you can plan how to pay your estate tax liability in advance.
Banks and lenders are more likely to extend credit to your business with a buy/sell partnership agreement in place.
The Benefits of a Buy/Sell Partnership Agreement Includes
- Make sure all partners are protected
- Feel confident that your business is protected no matter what
- Secure the future of your business in a simple and affordable way.
- Have one less thing to worry about as a business owner.
- Avoid the hassle and stress of a messy, drawn-out transition.
- Keep your business running like a well oiled machine and preserve your legacy
- Make the process of transitioning as smooth as possible for everyone involved (including customers, creditors, employees, etc.)
- Ensure a buyer for your assets and an orderly transfer of ownership
- Feel secure knowing your family is well taken care of
- Avoid conflict and confusion after you are gone
- Protect your loved ones from financial stress
Don't Wait Until It's Too Late...
Many business owners make the common mistake of treating a Buy/Sell Agreement as an afterthought. . .
Only after legal fees have piled up or the business was passed down to an unsuitable family member are they filled with regret. Don’t let this happen to you.
Which Situation
Would You Rather Be In?
Malcolm and his partner started their own veterinarian practice. They decided to put off drafting a buy/sell agreement until they were making more revenue.
They kept putting it off until they forgot about it. Malcolm's partner unexpectedly got sick and passed away. He was then stuck with an unsuitable family member and forced to sell the practice. It was sold at a fraction of the value instead of the highest valuation.
Without a buy/sell agreement in place, your options are limited.
With a buy/sell agreement, you can avoid having to sell your practice, taking out a loan or paying out your partner's family.
Jack decided to start a dentistry practice with his long-time friend, Bill. To protect their friendship in case of conflict, he knew it was best to have a buy/ sell agreement in place from the very beginning.
After a few years, Jack and his partner lost their synergy and were no longer on the same page with their business.
Jack decided it was best that they parted ways. He was grateful that he had the capital to buy his partner out, thanks to the buy/sell agreement.
When it comes to Buy/Sell Partnership Earlier is Better
The earlier you secure a Buy/Sell Partnership Agreement, the easier and more affordable it will be. Since they often involve life insurance plans, the younger and healthier every partner is, the more favorable the rates.
Frequently Asked Questions
It's a legally binding contract between owners of a business that states how the partners' shares may be reassigned in case of unexpected events (such as a disagreement, divorce, disability, death, etc). It restricts the rights of owners to transfer their interests in the entity.
In a buy/sell agreement funded by life insurance, the company or the individual co-owners buy life insurance policies on the lives of each coowner.
In case of an unexpected death, the company or the co-owners would receive the death benefits from the insurance policies.
Plus, the deceased member's family would get a sum of cash as payment for their interest in the business. This provides financial support for them and it also provides stability for the company.
A buy/sell agreement gives employers peace of mind knowing that their business is in capable hands in case they are no longer able to run it. It also provides money to create a fair market value exchange and can offer tax advantages. It promotes equitable and orderly transfer of wealth, ownership and management. Lastly, it provides heirs cash to pay estate debt, expenses, and taxes.
If an unexpected event like a death, disability, disagreement, or divorce were to happen in your business, it could cause a disruption. This would effect everyone involved in the business from creditors to employees. You also run the risk of your partner's ownership being passed down to an unsuitable family member.
As soon as you and your partner/s start your business. Having a Buy/Sell Partnership Agreement in place is a key factor in building a successful partnership and resilient business. The earlier you act and the healthier the business owners are, the more favorable rates will be.
