Why buy/sell agreements matter
The majority of businesses created in the United States are small businesses. Therefore, many of these companies are not publicly traded and thus create the need for Buy/Sell agreements.
Closely-held businesses are formed as LLC’s, Partnerships, or C-Corporation. So, determining the value of a closely held corporation is challenging. Large publicly traded corporations do not face this issue since their value is determined by the markets daily.
Major Concerns of Closely-Held Small Business
The greatest issues facing Closely-held businesses is succession. Therefore, Buy / sell agreements are used for the transition of ownership when a partner dies, retires, or exits the business.
Types of Buy/Sell Agreements
The remaining owners purchase the shares of the business at a predetermined price.
The business entity buys the share of the business.
Life insurance is also used to fund Buy/Sell agreements. These agreements are tailored to the needs of business owners. The use of Life Insurance is the most common method.
So, planning for the transfer of business assets demands the same degree of attention as planning your personal estate. So, succession plans should be reviewed when you review you estate plan. The same life events apply.
Planning today will save time and eliminate uncertainty. Because, death, divorce, and retirement will occur at some point in all businesses. Having a plan in place is essential to the long-term survival of a business.
The amount of planning required will vary from client to client and business to business. So, you won’t find a cookie cutter approach at T.L. Morson and Associates. The objective of any plan is to transfer wealth to the next generation in the most tax efficient way possible.
Life can change in the blink of an eye. Having your affairs in order is not just for you, it’s for the ones you leave behind. A comprehensive plan is more than just the drafting of documents. A well-constructed plan requires expert knowledge of tax and finance.
The T.L. Morson team brings a wealth of knowledge in the areas of Estate Planning , Business Consulting, and Accounting Services.
Theo L. Morson, JD, LLM – Mr. Morson holds a bachelor’s degree in Accounting, a Master of Laws Degree specializing in Corporate Law and Finance, and a Juris Doctor (JD) Degree from Western Michigan University Cooley Law School. Theo has worked as a Financial Consultant and Accountant for 25 years.
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