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Buy-Sell Agreements:  “Prenups” for Business Owners

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Business & Commercial Law


The most negotiated provisions in an owners’ agreement, whether for a closely-held LLC, corporation or partnership, are often the buy-sell provisions (i.e., what happens to an owner’s interest when a triggering event such as death occurs and how much and when does an owner get paid for his or her interest).  
 This program will be a multidisciplinary collaborative discussion between the panelists and seminar participants regarding how the valuation provisions are negotiated and drafted by the business attorneys, interpreted by the business valuation experts to calculate value, and resolved by litigators, mediators, arbitrators, and the courts.  
 We will use specimen buy-sell provisions to spot issues and examine the intersections between key legal and accounting considerations – all focused on getting it right on the front end to avoid problems when the document is triggered.

Program Chairs:
James P. O'Sullivan, Tiffany & Bosco PA
May Lu, Tiffany & Bosco PA

Shawn K. Aiken, Esq., Aiken Schenk Hawkins & Ricciardi P.C.
Mike Metzler, CPA, ABV, CMA, CGMA, ASA, Henry + Horne
Tom Maguire, CPA, ChFC, CLU, PFS, AEP, Maguire Financial Group
Charles Wilhoite, CPA, ABV, CFF, CMA, ASA, CFM, CGMA, CBA, CVA, CFE, Willamette Management Associates

Negotiating and Drafting Buy-Sell Provisions—Key Issues
Funding the Buy-Sell Provisions 
Business Valuation Language: Little Details, Big Problems
Can’t We All Just Get Along? 
                    - Overview of Dispute Scenarios
                    - Who is Your Client?

Disputes Over Implementation of Buy-Sell Provisions
                     - Involvement of Expert Witness
                     - Developing Leverage Before and During Mediation/Arbitration
                     - Tips for Resolution