Before deciding which version of a buyback contract is best for your business, you should consider several considerations, including: liquidity for the estate. There is no market ready for closely represented business interests. A purchase-sale contract can provide much-needed cash for the estate of a deceased owner. What makes this liquidity even more secure is the financing of the obligation to buy back by life insurance. There are certain „standard“ provisions of the Beverly-Killea Limited Liability Act (LLC Act) that apply in the absence of a contrary agreement. For example, the LLC Act allows each member to cede the member`s economic interests, but that purchaser only enters into the economic role of the member who is to be transferred – that is, with a full voting right on LLC business and a right to speak in management – if a majority (percentage of interest) of the other members agrees. Members can generally enter into their LLC interest as collateral, but the creditor (in the case of forced execution of interest) generally has only the rights of a transferee. The question is whether the provisions of the statute are acceptable to all members. Assessing an owner`s interest in the business is usually the contentious part of a business purchase.
The value of the business is usually determined by an audit of the company`s accounts by an accountant who can assess the fair value of the business. In an ideal situation, a partner or shareholder would maximize the sale price of its interest in the company by pouring in at a time when the financial situation of the company is optimal. A second method of achieving the same result is a buy-back contract whereby the company and the shareholders all enter into an agreement under which the company buys all the shares sold. The result is the repurchase (purchase) of all the shares of the outgoing shareholder. Other shareholders automatically increase their own holdings by reducing the number of shares outstanding.