Purchase and sale agreements are often used by individual companies, partnerships and private businesses to facilitate the transition to ownership when each partner dies, annuities or decides to leave the business. Continuity agreements can take a number of forms: the value of your business changes over time, so it is important that this is reflected in the buyback agreement. It is customary for an agreement to evaluate the entity at the time of the event. If this is the case, it may also be interesting to outline in the agreement how the value is calculated at that time – book value, agreed value or independent valuation, for example. This will help avoid any dispute over the value of the business. If you are the sole shareholder of your company, it may still be helpful to enter into a sales contract to ensure that your wishes are fulfilled. Maybe there`s an employee you keep to yourself, a buy-sell contract describing how you can buy the deal from your heirs at a fair price when you`re gone – and save unnecessary headaches for your employee and family. When setting up a buy-back contract, it is important that the company and each owner receive tax advice themselves. This is because, depending on personal circumstances, the agreement could result in tax burdens on both the corporate part and personal obligations. For example, the agreement may allow the remaining owners to acquire the shares or partnership units, but provides that if they do not exercise this option, the interest must be repaid or liquidated by the company (or partnership). A buy-back contract should not be a separate document.
You can include your intentions in your company`s shareholder contract or in your partnership agreement. But don`t assume they`re already in the document. If you already have these documents, it may be helpful to create a new buy-sell agreement that defines your specific intentions or to amend the existing agreement. Any small business or partnership should have a sales contract. Here is a document that describes what happens to the business when there is a particular event – such as the death or illness of a shareholder or partner – or if one of the business owners wants to sell his share.