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Your agreement says what happens. Who pays for it?

Most owners with partners have some kind of agreement. It says that if one owner dies, becomes disabled or leaves, the others will buy that owner’s share at a set price or by a set formula. It feels handled. Often it isn’t.

An agreement is a promise, not a payment

The agreement creates an obligation. It doesn’t create the cash. When the moment comes, the remaining owners have three choices: pay from the company’s cash, borrow, or pay from their own pockets. All three arrive at the worst possible time, when the business has just lost a key leader.

Four signs your agreement may be underfunded

  • The value was set years ago. If the company has grown, the price in the agreement, or the funding behind it, may be a fraction of today’s value.
  • Nobody can say where the money comes from. If the answer is “the business will figure it out,” it’s unfunded.
  • Disability isn’t addressed. A disabled owner still owns their share and may still need income from it.
  • Ownership changed. A new partner, a departed partner or a new class of owners can leave the funding mismatched.

What a funded plan looks like

Each owner’s share has a current value. Funding equal to that value is in place, owned by the right party, payable to the right party, and reviewed when the value changes. The family of a departed owner is paid fairly and on time, and the business keeps its cash for running the business.

This article is general education, not tax or legal advice. Agreements should be drafted and reviewed by your attorney with input from your CPA.
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