Buy and Sell Agreement: 2 parties (Death & Disability)

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Buy and sell agreement - 2 parties, death & disability

Summary

This Buy and Sell Agreement is recommended for the mutual protection of both shareholders in a company or members in a close corporation in the event of the death or disability of one of the parties.

More information

Why do I need a Buy and Sell Agreement?

A Buy and Sell Agreement sets out the procedure to be followed if a shareholder/member dies or is disabled. The Agreement provides for the remaining shareholder / member to purchase the shares / members interest from the disabled shareholder / member or from the deceased estate and sets out how this is to be done. Buy and Sell Agreements are usually associated with life insurance policies. But you do not have to have life insurance policies in place to implement a Buy and Sell Agreement. 

What type of business should use a Shareholders Agreement?

The shareholders in a company or the members in a close corporation, where there are two shareholders / members can use this agreement.

What does the Buy and Sell Agreement say?
The Agreement consists of:
  • Definitions
  • Introduction
  • Policies
  • Valuation
  • Purchase Price
  • Delivery of Documents
  • Cession of Policies
  • Disputes
  • General
 What does the Buy and Sell Agreement look like?

The agreement can be printed onto four A4 pages.

What do you need to do to use the Buy and Sell Agreement?
  • Read the document to ensure that it suits your requirements. Complete the requisite sections, making changes as required.
  • Ensure both the shareholders / members sign the Agreement with each getting a copy of the final, signed agreement.


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