OWNERSHIP TRANSITION

What happens to ownership if one shareholder is suddenly gone?

Ownership risk is a funding question as much as a legal question.

A shareholder agreement can describe what should happen, but the transition still needs a practical source of liquidity. Without funding, the remaining owners, the corporation and the departing shareholder’s family can face competing financial pressures.

Planning starts by understanding who would buy, how value would be determined, when money would be required and what happens to control during the transition.

Planning considerations

Shareholder agreements, valuation methods, insurance funding, corporate liquidity and tax/legal structure should be considered together. Legal and tax advice belongs with the appropriate professionals.

STRATEGIST’S QUESTION

If a partner were gone tomorrow, who would have the obligation to buy — and where would the money come from?

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