A corporate owned life insurance policy in a shareholders buy/sell agreement is used to fund the share purchase of the deceased shareholder. There are many types of shareholder buy/sell agreements for different share structures. In a corporation with more than one shareholder a lawyer draws up a shareholder’s buy/sell agreement, this is the optimal time to purchase life insurance to fund the agreement.
In a privately controlled corporation the shareholders are partners actively involved in running the company. A tragic unforeseen death of one of the partners or shareholders could have devastating consequences on the company without proper planning. The deceased partner’s family is in need of money and the active partners may not have the resources to buy out the deceased partner’s shares of the company. This is when the life insurance policy is used to buy out the shares of the deceased partner. Without life insurance to fund the share purchase, the company or its assets will have to be sold to pay the deceased partner’s family.
There are many factors to consider when structuring a shareholders buy/sell agreement. Not all shareholders may be insurable in which case alternative funding mechanisms such as a sinking fund need to be set up.
When the partners start their business they may not anticipate the future value of the company.
When the partners start their business they may not anticipate the future value of the company. This can lead to additional problems for the partners, if there is no life insurance or the life insurance initally purchased is no longer sufficient to fund the shareholders buy/sell agreement.
The rules for setting up and funding a shareholders buy/sell agreement are complex. Setting up a buy/sell agreement requires professional services from knowledgeable accountants, lawyers and insurance agents.
Insurance agents play the most important part in the process, they arrange for the actual funding. Without funding a shareholders buy/sell agreement would not be complete. Life insurance is the most tax efficient and financially advantageous way to fund a shareholders buy/sell agreement.
Ryan Morrison
403-988-4978
Okay, this might be an over exaggeration that life insurance is the most important tool. But we occasionally come across situations where it is overlooked as a planning tool altogether and we don’t want you to inadvertently make that mistake. There are a number of reasons we feel strongly that life insurance should be thoughtfully […]
You are a sole proprietor or a single shareholder in your company. While from a physical standpoint you may consider your business to be small, when it comes to success your results may be exponentially greater. There are over 1,100,000 small businesses in Canada – clearly this sector is booming The benefit of being small […]
By John McKay, Executive Vice-President and Actuary, PPI Change is inevitable, and it can significantly impact your family and your financial well-being. Whether it’s the natural progression of starting a family, buying a home, looking to retire, or an unexpected illness or job loss, when change happens the value of the financial advice you’ve been […]
10180 101 Street NW,
34th floor
Edmonton AB, T5J 3S4
780-231-9988
1111 10th Street SW
Suite 101
Calgary, AB T2R 1E3
403-473-1443