A buy-sell agreement, also known as a buyout agreement, is a binding agreement between co-owners of a business that governs what happens if a co-owner dies or is otherwise forced to leave the business, or chooses to leave the business. It may be thought of as a sort of premarital agreement between business partners/shareholders or is sometimes called a "business will". An insured buy-sell agreement, (triggered buyout is funded with life insurance on the participating owner's lives) is often recommended by business succession specialists and financial planners to ensure the buy-sell arrangement is well-funded and to guarantee there will be money when the buy-sell event is triggered.
A buy-sell agreement consists of several legally binding clauses in a business partnership or operating agreement or a separate, freestanding agreement, and controls the following business decisions:
Who can buy a departing partner's or shareholder's share of the business (this may include outsiders or be limited to other partners/shareholders);
What events will trigger a buyout, (the most common events that trigger a buyout are:
death, disability, retirement, or an owner leaving the company) and;
What price will be paid for a partner's or shareholder's interest in the partnership and so on.
Buy-sell agreement can be in the form of a cross-purchase plan or a repurchase (entity or stock-redemption) plan. For greater neutrality and effectiveness of the buy-sell arrangement, the service of a corporate trustee is recommended.
BuySell Magazine, published by BuySell International Real Estate (BuySell) in Paphos, Cyprus is a real estate magazine in Cyprus.
BuySell Magazine was first published in Cyprus in January 2002 to give people and businesses the power to search for properties in a simple effective way and educate people about buying and selling real estate in Cyprus.
The magazine, published monthly, is A4 size with 244 full color pages. It lists over 5000 properties for sale in Cyprus. Types of properties listed included residential homes, developments, land and plots and commercial properties. Buying guides, maps and articles are also featured in the magazine. The BuySell Magazine covers all districts of Cyprus, including Paphos, Limassol, Larnaca, Famagusta and Nicosia.
Approach used for sole proprietorships, partnerships, and close corporations in which the business interests of a deceased or disabled proprietor, partner, or shareholder are sold according to a predetermined formula to the remaining member(s) of the business. For example, a partnership has three principals. Upon the death of one, the two survivors have agreed to purchase, and the deceased partner's estate has agreed to sell, the interest of that partner according to a predetermined formula for valuing the partnership to the survivors. Funds for buying out the deceased partner's interest are usually provided by life insurance policies, with each partner purchasing a policy on the other partners. Each is the owner and beneficiary of the policies purchased on the other partners.
When a sole proprietor dies, usually a key employee is the buyer/successor. The sole proprietorship, partnership, and close corporation under the entity plan can buy and own life insurance policies on the proprietor, partner, or shareholder and achieve the same result as when an individual buys and owns the policies.
The cross–purchase Agreement:
With this agreement, a business owner agrees to sell his or her interest to the remaining co-owners or partners. Because this is the simplest form of a buy-sell agreement, it may be suitable for a small business with a small number of owners. However, another type of agreement may be preferable for a business with numerous owners.
The entity-purchase agreement:
As the name implies, this form of buy–sell agreement-sometimes referred to as a "redemption" agreement-requires the business owner to sell his or her interest directly to the entity. Therefore, the ownership interest is effectively absorbed by the business operation.
Usually, either of the first two types of agreements will suffice, but there's a third option.
The "hybrid" agreement:
This method combines the first two types of buy–sell agreements. Generally, the owner is initially required to offer his or her interest to the entity. If the entity declines or cannot make the purchase, other co-owners or partners are able to purchase the shares. Note: A hybrid agreement may also enable key employees—such as longtime company officers—to buy the interest.