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Business exit agreements
1.
BUSINESS EXIT AGREEMENTS
(It’s hard to make money without one but getting one needn’t be hard) Presenter: Ian Tindale – Director – redchip lawyers Pty Ltd ian@redchip.com.au Ph: (07) 3852 5055
2.
3.
How to engage
with a lawyer
4.
What information a
lawyer will need
5.
6.
2000 - I
joined the firm
7.
8.
Someone needs to
control & drive the process
9.
Identify who is
the best person to drive the process
10.
You can see
how to make it happen
11.
12.
13.
Business
sale – sale to third parties
14.
Introduction
of new partners
15.
Management
buy out
16.
Retirement
and partner buy out
17.
Sacking
and compulsory buy out
18.
Involuntary
sale and buy out – death, permanent disability Good Business Exit Planning deals with all these types of exit possibilities.
19.
20.
The purchase price
is funded by insurance
21.
22.
It is a
process, not simply a sale
23.
There is no
off the rack solutions
24.
Find out if
client has a lawyer and if they specialise in this area
25.
26.
Information gathering
27.
Advice given
28.
BEA drafted
29.
Insurance written
30.
BEA signed and
finalised
31.
32.
You
should then arrange the initial meeting with the lawyers and your client and you must attend.
33.
You
must be involved in the information gathering process.
34.
The
advice of all advisors must be consistent – so share it.
35.
36.
37.
Client’s won’t sign
a BEA without taking out the insurance
38.
39.
Who
should own policy?
40.
Who
should pay for premiums?
41.
What
trigger events will be insured? Death, TPD, trauma?
42.
How
are trigger events defined? See policy terms
43.
How
is the business interest to be valued?
44.
What
will the business need to continue trading post exit?
45.
Is
valuation greater than insurance cover? If so, what happens then?
46.
Are
all business owners insured?
47.
What
if insurer fails to pay out?
48.
49.
You - write
insurance
50.
51.
52.
Be proactive
53.
Don’t just refer
client to a lawyer
54.
Don’t abdicate
responsibility for BEA to a lawyer
55.
Use the workflow
sheet for each client matter and see it through to completion
56.
57.
58.
Structures Partnership of
discretionary trusts – individual trustee/s – corporate trustee/s – same corporate trustee
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