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Whenever you have multiple owners in a business you must have a clear exit strategy, preferably negotiated at the start of your relationship when things are going well. The last thing you want to do is negotiate the terms of your dissolution when times are bad and there is conflict among business partners.
A buy-sell agreement outlines exactly what would happen if a partner wants to quit and move on or the partnership becomes untenable and one partner must buy out the other. A buy-sell agreement properly documents your exit strategy. A properly drafted buy-sell agreements considers all potential outcomes. Thus, you should not generate one without the assistance of counsel that can guide you through the process, ,advise you about your legal options, and ensure that your legal documents are generated in a many that avoids or survives scrutiny.
When creating a buy-sell agreement, you need to consider all the possibilities and outline clear guidelines when alternate scenarios arise. The foresight and clarity required to create a comprehensive and effective buy-sell agreement requires a skillful lawyer. Divorce, incapacity, and death are just a few of the possible scenarios that should be addressed. Moreover, a properly drafted agreement needs to consider the value of the stocks, membership interest, or percentage ownership. This can be tricky as the business grows so, again, clear guidelines are required. Then, once the value is decided, the buyer must fund the purchase. This can be done in different ways includings insurance or loans. Given all of the different variables, you should never rely on generic documents. Contact us and let us counsel you and ensure the proper terms are included in your buy-sell agreement!
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