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A Buy-Sell Agreement sets clear rules for transferring business ownership when partners exit a Belgian company. It's like a prenup for business partners - spelling out exactly what happens to company shares if someone retires, dies, or wants to sell their stake. Under Belgian corporate law, these agreements help prevent unwanted third parties from entering the business and protect the remaining owners' interests.

The agreement typically includes valuation methods for shares, payment terms, and triggering events that activate the buy-sell process. For Belgian SMEs and family businesses, it's particularly valuable because it aligns with strict national succession planning rules and helps avoid costly disputes. Most companies pair it with key person insurance to ensure there's enough cash to execute the agreement when needed.

Create a Buy-Sell Agreement when you first form your Belgian business partnership or closely-held company. The ideal time is during the startup phase, while all owners are still on good terms and can think clearly about future scenarios. This matches perfectly with the timing of your notarial deed and other formation documents required under Belgian law.

Important triggers for updating your agreement include bringing in new shareholders, major changes in company valuation, or when owners approach retirement age. Many Belgian family businesses draft these agreements alongside their succession planning efforts. Getting this done early helps avoid the complex legal challenges of negotiating terms during a crisis or after a partner's unexpected departure.

• Buy And Sell Agreement: Standard version for business partnerships, outlining basic transfer terms and valuation methods.
• Car Sale Agreement: Simplified variation for vehicle transactions between business partners or company asset transfers.
• Sales Contract For House: Specialized format for real estate holdings within business partnerships, following Belgian property transfer regulations.
• Home Purchase Contract For Sale By Owner: Detailed variation for direct property sales between business partners without broker involvement.

• Business Partners & Shareholders: Primary parties who sign and are bound by Buy-Sell Agreements, including both majority and minority stakeholders in Belgian companies.
• Corporate Lawyers: Draft and review agreements to ensure compliance with Belgian company law and protect client interests.
• Notaries: Required under Belgian law to authenticate certain types of Buy-Sell Agreements, especially those involving real estate or major corporate restructuring.
• Financial Advisors: Help determine fair valuation methods and structure payment terms.
• Insurance Providers: Supply key person and life insurance policies that fund buy-sell obligations.
• Family Business Consultants: Guide succession planning aspects, particularly for Belgian family-owned enterprises.

• Company Information: Gather current ownership structure, articles of incorporation, and shareholder details from Belgian business registry.
• Valuation Method: Choose and document your preferred share valuation approach, considering Belgian accounting standards.
• Trigger Events: List specific circumstances that activate the agreement, such as retirement, death, or voluntary exit.
• Funding Strategy: Determine how purchases will be financed, including insurance policies or payment terms.
• Decision Rights: Define voting requirements and approval processes for ownership transfers.
• Tax Planning: Document intended tax treatment under Belgian corporate tax laws.
• Digital Template: Use our platform to generate a legally-sound agreement that includes all mandatory Belgian legal elements.

• Party Identification: Full legal names, company details, and roles of all shareholders per Belgian registry requirements.
• Transfer Triggers: Clear definition of events activating the buy-sell process under Belgian corporate law.
• Valuation Method: Specific formula or process for determining share price, compliant with Belgian accounting standards.
• Payment Terms: Detailed structure of purchase payments, including deadlines and financing options.
• Rights of First Refusal: Process for existing shareholders to purchase available shares.
• Dispute Resolution: Belgian jurisdiction clause and mediation procedures.
• Notarial Requirements: Specifications for when notarial authentication is needed.
• Tax Provisions: Treatment of transfers under Belgian tax regulations.

A Buy-Sell Agreement often gets confused with a Buyout Agreement, but they serve distinct purposes in Belgian business law. While both deal with ownership transfers, their scope and timing differ significantly.

• Timing and Purpose: Buy-Sell Agreements are preventive tools set up in advance, outlining future transfer conditions. Buyout Agreements handle immediate, one-time ownership transfers when a partner exits.
• Scope of Coverage: Buy-Sell Agreements cover multiple potential scenarios (death, retirement, disability) and all partners. Buyout Agreements focus on a specific transaction between identified parties.
• Valuation Methods: Buy-Sell Agreements include predetermined formulas for future valuations. Buyout Agreements typically state a negotiated fixed price for the current transaction.
• Insurance Requirements: Buy-Sell Agreements often require life insurance policies as funding mechanisms. Buyout Agreements rarely include insurance provisions.