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Kevin Miller

The Importance of a Buy Sell Agreement and Insurance for Business Continuity

As a business owner, it is important to have a plan in place for what will happen to your business if something unexpected occurs, such as the death or disability of a key owner or member. One tool that can help ensure the smooth transition of ownership and protect the interests of all parties involved is a buy sell agreement.


A buy sell agreement is a legally binding contract that outlines the terms and conditions for the sale of a business owner's interest in the company. It can specify the circumstances under which an owner's interest can be bought out, as well as the price at which it will be sold.


Having a buy sell agreement in place can help provide clarity and stability for the business and its owners in the event of a tragedy or unforeseen circumstance. It can also help prevent disputes and protect the value of the business.


However, in order for a buy sell agreement to be effective, it is important to have the necessary funds in place to fulfill its terms. This is where proper insurance coverage comes into play.


There are several types of insurance policies that can provide the financial backing needed to fund a buy sell agreement, including life insurance, disability insurance, and key person insurance. These policies can help ensure that the necessary funds are available to buy out an owner's interest in the event of their death or disability.


For example, a small business may have a buy sell agreement in place that requires the remaining owners to purchase the interest of a deceased owner at a predetermined price. The business does not have the liquid assets on hand to pay for the buyout, so the owners take out a life insurance policy on each other to provide the necessary funds. If one of the owners passes away, the life insurance policy will pay out a death benefit to the remaining owners, which they can use to buy out the deceased owner's interest in the business according to the terms of the buy sell agreement. This helps ensure that the business can continue operating smoothly and that the deceased owner's family is fairly compensated for their loss.


But what happens if a business does not have adequate insurance coverage in place to fund a buy sell agreement? The consequences can be devastating. The remaining owners may be unable to afford the buyout price, leading to the dissolution of the business and the loss of income and livelihood for all involved.


As a business owner, it is essential to regularly review and update your buy sell agreement and insurance policies to ensure that they accurately reflect the current status and needs of your business.


Do you have a buy sell agreement in place? Are you confident that your insurance coverage is sufficient to fund it? At FS², we offer free, no obligation reviews of buy sell agreements and insurance policies to help businesses ensure that they are properly protected. Don't let your business be at risk. Contact us today to learn more and schedule your review.

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