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Business Buyout Agreements : Plan Now for Retirement, Death, Divorce or Owner Disagreements
by Mancuso, AnthonyISBN13:
9781413311952
ISBN10:
1413311954
Format:
Paperback
Pub. Date:
7/12/2010
Publisher(s):
NOLO
List Price: $49.99
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Summary
If you're like many entrepreneurs, you're working with one or more co-owners. And sooner or later, one or more owners will exit the business. What will happen to your company if one co-owner wants to retire, files for bankruptcy, or goes through a divorce? Unless you plan in advance, it could threaten the survival of your business.
Author Biography
Bethany Laurence is a business law editor at Nolo and a coauthor of Save Your Small Business. Anthony Mancuso is author of Form Your Own Limited Liability Company, Incorporate Your Business, How to Form a Nonprofit Corporation, and other Nolo books.
Table of Contents
| Introduction: Your Legal Companion for Creating a Buyout Agreement | |
| An Overview of Buyout Agreements | |
| What a Buy-Sell, or Buyout, Agreement can Do | p. 8 |
| When Should You Create a Buyout Agreement? | p. 16 |
| Does Everyone Need a Buy-Sell Agreement? | p. 17 |
| How to Create Your Agreement | p. 18 |
| When to Seek a Lawyer's Advice | p. 20 |
| Limiting the Transfer of Ownership Interests | |
| Transfers of Ownership Interests | p. 24 |
| Using a Right of First Refusal | p. 25 |
| Using Absolute Transfer Restrictions | p. 43 |
| Providing the Right to Force Buyouts | |
| Changes in an Owner's Circumstances | p. 48 |
| If an Owner Retires or Stops Working | p. 52 |
| If an Owner Becomes Disabled | p. 65 |
| If an Owner Dies | p. 74 |
| If an Owner Divorces | p. 88 |
| If an Owner Loses a License | p. 93 |
| If an Owner Files for Personal Bankruptcy | p. 96 |
| If an Owner Defaults on a Personal Loan | p. 99 |
| If an Owner Needs to Be Expelled | p. 104 |
| Structuring Buyouts | |
| Company Versus Co-Owners as Buyers | p. 110 |
| The "Wait and See" Approach Works | p. 115 |
| Funding Buyouts | |
| Funding With Cash | p. 134 |
| Borrowing Money | p. 135 |
| Buying Insurance | p. 135 |
| Making Installment Payments | p. 149 |
| How to Set the Buyout Price in Your Agreement | |
| Why Choose a Price in Advance? | p. 152 |
| What Valuation Methods are Based on | p. 154 |
| How our Valuation Provisions Work | p. 157 |
| Agreeing on a Fixed Price (Valuation Method 1) | p. 159 |
| Using a Buyout Formula | p. 164 |
| Choosing Payment Terms for Buyouts | |
| Balancing the Interests of Buyer and Seller | p. 188 |
| Lump-Sum Cash Payment | p. 190 |
| Installment Plans | p. 191 |
| Customized Schedule of Payment | p. 197 |
| Creative Ways to Pay | p. 198 |
| Completing and Updating your Buyout Agreement | |
| Finalizing your Buyout Agreement | p. 202 |
| Resolving Buyout Disputes in the Future | p. 212 |
| Binding Future Owners Under your Buyout Agreement | p. 222 |
| Updating your Agreement | p. 223 |
| Income and Estate Tax Issues | |
| Income Tax Issues | p. 228 |
| Estate Tax Issues | p. 245 |
| Lawyers, Tax Specialists, and Resources | |
| How to Find the Right Lawyer | p. 270 |
| Finding the Right Tax Adviser | p. 275 |
| Legal Resources | p. 276 |
| Appendixes | |
| How to Use the CD-ROM | |
| Installing the Files onto your Computer | p. 283 |
| Using the Word Processing Files to Create Documents | p. 284 |
| Forms CD-ROM | p. 287 |
| Buyout Worksheet | |
| Buyout Agreement | |
| Index | |
| Table of Contents provided by Ingram. All Rights Reserved. |
