Buy-Sell Agreements

News & Analysis as of

The Importance of Buy-Sell Agreements

When business partners form a company and get started in their new venture, optimism and opportunity are usually in full supply. At that point, it is only natural to avoid thinking about some difficult questions about the...more

Failing to Put in Place an Appropriate Buy-sell Agreement Among the Business Owners - Pay Me Now or Pay Me Later - Common Legal...

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip? #2?? - Put in Place an Appropriate Buy-sell Agreement Among the Business Owners... ...more

Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously...more

Buy-Sell Agreements in a Divorce (Part 2)

My last article discussed a typical provision found in shareholders agreements (for corporations) or operating agreements (for limited liability companies) giving the other owners a right to step in and buy any shares or...more

Wealth Management Update - June 2016

June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts The June § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

Buy-Sell Agreements in a Divorce (Part 1)

My prior articles have discussed how to monetize one spouse’s equity interest in a privately held company that has no other owners. However, many businesses are started by two or three partners contributing their ideas,...more

Life Insurance and Estate Planning

Life insurance can play an important role in estate planning. It is important to understand the uses and purposes of life insurance and the tax consequences of owning a policy and receiving a death benefit....more

Estate of Clara M. Morrissette Secures Victory in Groundbreaking Estate Tax Case

In a case of first impression, the United States Tax Court ruled in favor of a taxpayer whose estate planning focused on the preservation and succession of a 70-year-old family-owned business. In Estate of Clara M....more

Life Insurance's Role in Family Business Planning

Family business planning is best served by having a knowledgeable advisory team, and a good team includes an expert on insurance. We found an article discussing the role of life insurance in family business planning in a...more

Business Succesion Planning - March 2016

The transition of a family owned or closely-held business is an important event for families. In a prior article, we covered the issues that a business owner faces in general in preparing a succession plan. This article will...more

Business Succession Planning - February 2016

The transition of a family owned or closely-held business is a significant undertaking even with the best laid plan. This article will outline the issues that should be considered by the business owner in transitioning a...more

Five Legal Documents Every Family Business Should Have (and Use)

Every business is different. Certainly, every family is different. But family businesses, as a group, share certain challenges and opportunities. In order to ensure their businesses survive, thrive and grow, leaders of family...more

Best in Law: Does Your Business Need a Prenup?'

You are likely familiar with the news stories of this celebrity or that being involved in divorce proceedings where the language of a “prenup” is of great importance. You probably also know that the term is short for...more

Buy-Sell Agreements: Good For Business and Good For Your Estate Plan

From unwanted business partners to burdensome estate taxes, the death of a business co-owner can have negative implications for surviving owners as well as for the estate of the deceased. A well drafted buy-sell agreement can...more

Interpreting The Right To Specific Performance In A Shareholder Buy-Sell Agreement

I've never thought very hard about the remedy of specific performance. That means ordering a party to a contract to perform its contractual obligations. But the ability of the Court to order specific performance was...more

California Case Requires Arbitration Despite Lack of Actual Controversy

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

But What About The Company?

For many married couples in California and other community property states, a closely-held business is the most valuable community asset. And whether or not they’re in a community property state, both spouses may be active...more

Estate Planning Pitfall: You don’t have a buy-sell agreement for your business

Without a well-designed, properly funded buy-sell agreement, an owner’s death can have a negative effect on the surviving owners. A buy-sell agreement requires (or permits) the company or the remaining owners to buy the...more

Keeping Ownership in the Family

As a family enterprise, your business runs best if it is owned and managed by the family. So it is in everyone’s interest to make sure no family member can transfer ownership outside of the family. To do this (and do it...more

3 Things Small Business Owners Don't Include in Their Year-End Planning, But Should

When it comes to year-end planning, what's the one thing most small business owners don't do but should? That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make...more

TRANSACTIONAL: Corporate/London: Shareholders' Agreements for LNG Midstream Projects

In contrast to joint venture issues relating to upstream oil and gas development, the topic of shareholders' agreements for Liquefied Natural Gas (LNG) liquefaction projects has not been covered to a similar extent in...more

Grandfathered Buy-Sell Agreements

Code §2703 severely restricts the ability of a buy-sell agreement to control estate tax values in a closely held entity. A recent private letter ruling reminds us that older agreements are not subject to Code §2703....more

Business Succession Planning

Introduction - The transition of a family owned or closely-held business is an important event for families. In a prior article, we covered the issues that a business owner faces in general in preparing a succession...more

Insight on Estate Planning - Year End 2012

In This Issue: - The spousal lifetime access trust: A safety net in uncertain times - Be prepared for a triggering event: If you own interests in a closely held business, consider a buy-sell agreement - Is your...more

Be prepared for a “triggering” event: If you own interests in a closely held business, consider a buy-sell agreement

A buy-sell agreement provides for the disposition of each owner’s business interest after a “triggering event,” such as death, disability, divorce, termination of employment or withdrawal from the business. However, to be...more

25 Results
|
View per page
Page: of 1
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×