You Have a Buy-Sell Agreement, Right?

You Have a Buy-Sell Agreement in Spokane, Right?

Buy-sell agreements in Spokane are essential. Keep reading to find out why you need one as soon as possible. When Tom and Marie came in for an initial consultation, they brought a file full of financial statements and a binder of legal documents. On the surface their situation seemed fairly typical, they had two partners, an expanding operation, and kids who want to join the business. 

As we talked, Marie divulged that one of their partner (her brother-in-law) was not always honest. In fact, Tom said his brother has always been loose with money and was constantly on the verge of bankruptcy. Beyond succession, my attention turned to protecting the business and by extension, ensuring Tom and Marie’s long-term financial security.  

That’s when I said, you have a buy-sell, right? A question they answered with a confused look saying, “yes, but it only covers for the death of an owner. Could a buy-sell agreement help us settle an argument or keep us from losing the operation if he files for bankruptcy?” 

What Can a Buy-Sell Agreement Do for You?

Yes; a buy-sell agreement may be the most important tool an owner can possess to protect the operation and ensure long-term value. A well-drafted agreement will prevent unwanted persons from becoming owners, ensure continuity, protect the business from unnecessary litigation, and provide an avenue to a more certain future. 

A well-drafted buy-sell agreement in Spokane may address contingencies like the withdraw of an owner or a legal settlement. A buy-sell can provide appropriate procedures for transferring the business interests for a number of common situations.

Other Names for Spokane Buy-Sell Agreements

  • Business Continuation Agreement
  • Shareholder Agreement
  • Stock-Redemption Agreement
  • Partnership Liquidation
  • Retirement Agreement
  • Cross-Purchase Agreement

A buy-sell agreement in Spokane should be considered for any closely held business with multiple owners.  It is a contract that restricts business owners from freely transferring their ownership interests. Typically, the agreement provides that an owner’s interest in the business will be sold (or at least offered for sale) at a specified valuation to the other owners and/or to the business entity itself upon the occurrence of a number of triggering events.

Common Triggering Events

In negotiating a buy-sell, the owners specify the events that trigger the agreement. Common triggering events may include an owner’s: 

  • Death 
  • Disability 
  • Divorce
  • Dissolution/insolvency/bankruptcy 
  • Retirement and/withdrawal from the business

The agreement should specify the method for valuing the business, any ownership restrictions, and the terms/conditions that may have been agreed upon in advance.  Provisions for a buy-sell agreement in Spokane should be considered carefully. And of course, always consult an attorney for legal advice.