Buy Sell Agreement Funding documents are essential tools for business succession planning and risk management under England and Wales law. These agreements are particularly crucial when business owners want to ensure smooth ownership transitions in various scenarios such as death, disability, retirement, or voluntary exit. The Buy Sell Agreement Funding document combines the traditional elements of a buy-sell agreement with specific provisions detailing how such purchases will be funded, whether through insurance policies, bank financing, or other funding mechanisms. It provides certainty for all parties by establishing clear procedures, timelines, and funding sources for potential future transactions.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Purchase Price and Payment Terms: Details of consideration and payment structure
5. Funding Mechanism: Source and structure of funding arrangements
6. Trigger Events: Circumstances activating the buy-sell provisions
7. Valuation Mechanism: Method for determining share/asset value
1. Insurance Provisions: Used when life insurance funds the agreement - include when insurance-funded arrangement is chosen
2. Cross-Option Agreements: Mutual options to buy/sell - include in partnership or shareholder arrangements
3. Disability Provisions: Arrangements for incapacity - include when disability insurance is part of the agreement
1. Schedule 1: Share Capital: Details of company shareholding
2. Schedule 2: Valuation Formula: Detailed methodology for business/share valuation
3. Schedule 3: Insurance Policies: Details of associated insurance arrangements
4. Appendix A: Notices: Form of notices and communication requirements
5. Appendix B: Transfer Documents: Pro-forma share transfer forms and documents
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