Michael V. McIntire
Business Buy-out

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1. BUYOUT EFFECTIVE WHEN

  • Retirement
     
  • Death or Disability
     
  • Insolvency ( includes BK, attachment, lien, charging order, assignment for benefit of creditors, divorce ( unless spouse has disclaimed)

2. LIMITS ON TRANSFERABILITY

  • Estate or Trust of Shareholder or Ptr.
     
  • Family
     
  • Only the Corp or Shareholders

3. PRICE

  • By appraisal
     
  • By agreement
     
  • By book values

4. TERMS

  • Cash
     
  • Note
     
  • Installments - when and how much
     
  • Assumption of Corporate Liabilities

5. WHO IS THE BUYER

  • The Corporation or P/S
     
  • Shareholders or partners
     
  • Right of first refusal
     
  • 1st to corp, then to S/H
     
  • 1st to S/H, then to Corp.

6. FUNDING THE PURCHASE

  • Insurance, owned by Corp, on life of S/H or partner
     
  • Proceeds of business

7. OPTION OF BUSINESS TO SELL, AND PAY DECEASED’S INTEREST


[LLC Formation] [Corporation Formation] [Partnership Formation] [Business Buy-out]


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Last modified: 12/20/05