Buy And Sell Agreement

Buy And Sell Agreement
An approach used by sole proprietorships, partnerships and closed corporations to divide the business share or interest of a proprietor, partner, or shareholder. The owner of the business interest being considered has to be disabled, deceased, retired or expressed interest in selling. The buy and sell agreement requires that the business share is sold according to a predetermined formula to the company or the remaining members of the business. Before the interest of a deceased partner can be sold to the company or remaining partners, the deceased's estate must agree to sell.

In order to ensure the availability of funds in the event of a partner's death, most parties will purchase life insurance policies on the other partners. In the event of a death, the proceeds from the life insurance policy are used to purchase a portion of the deceased's business interest. It is important to note that when a sole proprietor dies, since he/she has no partners, a key employee is the buyer or successor.




Investment dictionary. . 2012.

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  • buy-and-sell agreement — ➔ agreement * * * buy and sell agreement UK US noun [C] LAW ► an agreement saying that the remaining partners of a company will buy the part of a company owned by a partner who dies, becomes unable to work, or wants to sell: »A buy and sell… …   Financial and business terms

  • cross-purchase buy and sell agreement — Under this type of arrangement, the surviving owners of a business agree to buy out the withdrawing owner. Assume, for example, R and S are equal shareholders in T Corporation. Under a cross purchase buy and sell agreement, R and S would contract …   Black's law dictionary

  • cross-purchase buy and sell agreement — Under this type of arrangement, the surviving owners of a business agree to buy out the withdrawing owner. Assume, for example, R and S are equal shareholders in T Corporation. Under a cross purchase buy and sell agreement, R and S would contract …   Black's law dictionary

  • buy-sell agreement — A binding contract between co owners that controls the purchase of a withdrawing owner s ownership interest and includes transfer restrictions that control when owners can sell their interest, who can buy an owners interest, and what price will… …   Law dictionary

  • Buy-sell agreement — A buy sell agreement may be thought of as a sort of premarital agreement between business partners/shareholders. It is sometimes called a business will . An insured buy sell agreement (agreement funded with life insurance on the participating… …   Wikipedia

  • agreement — a‧gree‧ment [əˈgriːmənt] noun [countable] 1. an arrangement or promise to do something, made by two or more people or organizations: • Under the agreement, the company will distribute our products in North America. • What happens if the warring… …   Financial and business terms

  • buy — I verb acquire by purchase, acquire ownership of, bargain for, complete a purchase, contract, get in exchange, make a purchase, make one s own, mercari, obtain, order, pay a price for, pay cash for, pay for, procure, procure title to, purchase,… …   Law dictionary

  • sale and purchase agreement — UK US noun [C] (ABBREVIATION SPA) LAW ► a legal agreement that a buyer will buy a product or service and a seller will sell it: »They sued the contractor to recover the $50,000 they put down when they signed a sale and purchase agreement on their …   Financial and business terms

  • buy — To acquire the ownership of property by giving an accepted price or consideration therefor; or by agreeing to do so; to acquire by the payment of a price or value; to purchase. To obtain something for a price, usually money. See also purchase @… …   Black's law dictionary

  • buy — To acquire the ownership of property by giving an accepted price or consideration therefor; or by agreeing to do so; to acquire by the payment of a price or value; to purchase. To obtain something for a price, usually money. See also purchase @… …   Black's law dictionary

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