The Importance of Entering into a Buy-Sell Agreement
Written terms for the orderly transition of business ownership interests are needed to address such events as (but not limited to) an owner’s retirement, incapacity or death. The terms of the agreement are between or among the shareholders, members or other types of equity owners of a corporation, LLC or other entity.
The terms of the agreement can specify conditions under which and to whom, and at what price an owner, partner, shareholder, etc. can or must sell his or her interest in a business.
This presentation will cover the scope of reasons for needing a buy-sell agreement, how it assists with owners’ estate planning and how obligations to buy out another owner are funded. Two case studies will be used to provide examples of considerations that need to be applied to how a buy-sell agreement is structured, how it is funded and how the agreement is executed.
Panelists: Peter Fischer, M&A Attorney at Sklar Kirsh and Kathleen Adams, CFP, CFBS at Mass Mutual Financial Group. Heath Goldman will moderate the panel discussion.
Peter Fischer, Partner with Sklar Kirsh LLP
Peter R. Fischer is a partner with Sklar Kirsh LLP and a member of the Firm’s real estate and corporate practice groups. He is an experienced commercial real estate transactional attorney, whose clients include developers, operators, syndicators, private equity providers, investors and lenders.
Peter’s practice involves all aspects of the real estate industry, including acquisitions, dispositions, equity investments, syndications, fund formation, development, joint ventures, leasing, and financing (including Fannie Mae, Freddie Mac and EB-5 transactions), and he routinely works on transactions involving multi-family, assisted living, construction, industrial, office, and raw land, as well as mobile homes and self-storage facilities.
In the corporate realm, Peter focuses on private, mid-market M&A matters, stock and asset transactions, fund formation, syndication, and private placements. Peter represents a broad range of companies, funds, investors, and entrepreneurs, and he also counsels his clients on crisis management, pre-litigation workouts, and investor, partnership, and shareholder disputes.
Kathleen Adams, CFP, CFBS, CLTC with Fraser Financial Group
As an experienced Certified Financial Planner, Kathleen Adams provides fee-based financial planning for clients, helping them to clarify and define the financial benchmarks they want to reach, and helping to provide a rich, comprehensive context for their tax, estate, business and family planning. She works closely with clients’ other advisors to promote a coordinated approach reviewing and selecting optimal legal, tax and financial strategies.
As a Certified Family Business Succession Specialist Kathleen works closely with business owners, assisting them with the process of preparing themselves, their businesses, their retirement and estate planning for a sale to an outside buyer or key person, or for transfer of their businesses to family members.
She works closely with other key advisors to pull together people with skill sets needed to achieve favorable outcomes to the succession process. This work includes properly funding buy-sell agreements, and providing strategies and financial vehicles for rewarding and retaining key employees who add to the sale value of the business and its ongoing ability to replicate favorable revenues for the buyer.