Buy-Sell Agreements

News & Analysis as of

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

Buy-Sell Considerations: Are Valuation Formulas Effective?

I see many types of buy-sell agreements in the course of my work, including stock transfer, close corporation and shareholder agreements. And, unfortunately, I also see many that contain ambiguous terms or outdated...more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

Is a Buy-Sell Agreement Controlling in a Divorce?

In divorces, a business is often an asset of the marriage. One spouse typically is the “operating spouse” and he or she is in partnership with another person or persons. Assuming the spouse’s interest in the business has a...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

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