Services

Buy-sell agreement design and funding

A buy-sell agreement sets out what happens to an owner's share if a partner dies, becomes disabled, divorces or leaves. We help design the agreement with your attorney and fund it with the right life and disability coverage.

Attorney and CPA collaboration · Life and disability buyout funding

Why it matters

What happens without a funded agreement

When a partner dies, becomes disabled or wants out and there's no funded buy-sell, the remaining owners can face forced sales, deadlock or dissolution. Three illustrative examples:

What happened

A 50/50 partner dies suddenly

One partner in a $7 million manufacturing company dies at 54. There is no buy-sell agreement and no life-insurance funding. The widow wants $3.5 million for the 50% interest but has no interest in running the business; the surviving partner can't raise the money, banks won't lend without both guarantees, and she threatens to sell to a competitor. Clients leave and both sides hire lawyers.

What respondsA funded buy-sell agreement with $3.5 million of life insurance on each partner provides immediate liquidity, a pre-agreed valuation and an orderly transfer of ownership.
$3,500,000
illustrative buyout with no funding

Illustrative example. Real outcomes depend on the facts and your policy terms.

Agreement components

What a complete buy-sell agreement covers

Agreement terms

Agreement drafting

A binding agreement setting triggering events (death, disability, retirement, voluntary exit, divorce, bankruptcy), purchase obligations and each party's rights.

Agreement terms

Restrictive transfer provisions

Right of first refusal, prohibited transfers and limits on sales to competitors or outsiders.

Agreement terms

Divorce and bankruptcy triggers

Mandatory buyout when an interest passes through a divorce settlement or bankruptcy.

Agreement terms

Retirement and voluntary exit

Notice periods, transition duties, non-compete terms and phased buyout schedules for planned departures.

Agreement terms

Deadlock resolution

Mediation, arbitration, shotgun clauses and forced-sale provisions that prevent paralysis during disputes.

Valuation & payment

Valuation formula

Fixed price, formula, independent appraisal or a hybrid, chosen to prevent disputes.

Valuation & payment

Payment terms

Payment schedules, typically three to seven years with interest and security, balancing the departing owner's needs with the business's cash flow.

Valuation & payment

Annual valuation updates

Scheduled reviews so purchase prices stay current and insurance keeps pace with value.

Funding & tax

Life-insurance funding

Cross-purchase, redemption or hybrid ownership of policies to provide liquidity without draining cash flow or forcing asset sales.

Funding & tax

Disability buyout insurance

Coverage that triggers after 12–24 months of total disability and pays a lump sum or installments to buy out the disabled owner.

Funding & tax

Cross-purchase or redemption

Analysis of whether the owners or the entity should buy the departing interest, considering basis step-up and tax consequences.

Funding & tax

Tax planning integration

Coordination with your CPA on agreement structure, policy ownership and payment terms.

How we help

From design to annual review

Coordinate with your attorney

We work directly with your business attorney so insurance funding matches the agreement terms and entity structure.

Set the valuation approach

We help you choose a valuation formula that is simple enough to administer and accurate enough to reflect the business's value over time.

Fund the agreement

We quote life and disability buyout coverage from multiple A-rated carriers and manage applications, underwriting, policy delivery, ownership and beneficiary designations — including partners with health issues.

Review every year

Annual reviews keep coverage in line with business value and the agreement current with the partners' goals.

Our experience

Experience across every ownership structure

Buy-sell experience

Since 1992 we've designed and funded buy-sell agreements for two-person partnerships, multi-partner professional firms and family businesses.

Funding structures

Cross-purchase, entity redemption, wait-and-see and hybrid arrangements, structured for tax-efficient funding.

Advisor coordination

We work with your attorneys, CPAs and financial advisors so legal documents, policies and tax strategy fit together.

Disability buyouts

Disability buy-sell coverage, an often-overlooked piece that provides liquidity when a partner can't work.

Estate planning alignment

Agreements aligned with each partner's estate plan, trusts and family goals.

Underwriting support

Carrier relationships and underwriting experience that help secure approvals for partners with health issues.

Protect your partnership

Schedule a confidential consultation to design your buy-sell agreement and put the right funding in place.

Descriptions are general summaries for education. They are not tax, legal or investment advice, a statement of coverage, an offer or a binder. Scenarios and dollar figures are illustrative examples, not representations about any business. Buy-sell agreements should be drafted by your attorney and reviewed with your CPA. Coverage is governed by the policies issued and is subject to underwriting.