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Business Continuation Agreement Life (Insurance)
"I need a Business Continuation Agreement Life (Insurance) for my three-partner medical practice in Ontario, with each partner to be insured for $2 million, ensuring automatic transfer of shares to surviving partners and provisions for quarterly business valuation updates."
1. Parties: Identification of all business owners/partners and their legal details
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Detailed definitions of terms used throughout the agreement, including insurance-specific terminology
4. Purchase and Sale Obligations: Core obligations regarding the purchase and sale of business interests upon death
5. Life Insurance Provisions: Details of required insurance policies, ownership, and premium payments
6. Purchase Price and Valuation: Method for determining business value and purchase price
7. Payment Terms: Structure and timing of payments using insurance proceeds
8. Transfer Process: Procedures for transferring business interests upon death
9. Rights and Obligations of Surviving Owners: Responsibilities and entitlements of remaining business owners
10. Insurance Policy Management: Requirements for maintaining policies, changing beneficiaries, and handling proceeds
11. Representations and Warranties: Standard declarations regarding authority, ownership, and capacity
12. General Provisions: Standard clauses including governing law, notices, and amendments
1. Disability Provisions: Optional coverage for permanent disability scenarios
2. Cross-Purchase vs. Entity Purchase: Specific structure choice for policy ownership and purchase obligations
3. Family Security Provisions: Additional provisions for family members' involvement or protection
4. Dispute Resolution: Detailed procedures for resolving disagreements about valuation or transfer
5. Tax Planning Provisions: Specific arrangements for tax-efficient transfers
6. Business Management During Transition: Procedures for business operation during the transfer period
7. Multiple Owner Provisions: Special provisions for businesses with more than two owners
1. Schedule A - Insurance Policy Details: Specific information about each life insurance policy including policy numbers, amounts, and insurers
2. Schedule B - Business Valuation Method: Detailed methodology for calculating business value
3. Schedule C - Corporate Documents: Copies of relevant corporate documents and certificates
4. Schedule D - Share/Interest Certificates: Details of current ownership interests
5. Schedule E - Payment Procedures: Detailed procedures for handling insurance proceeds and payments
6. Appendix 1 - Sample Transfer Documents: Templates for documents required to execute the transfer
7. Appendix 2 - Tax Planning Memorandum: Documentation of intended tax treatment and structure
Authors
Professional Services
Manufacturing
Retail
Technology
Healthcare
Construction
Consulting
Family Business
Agriculture
Real Estate
Financial Services
Legal Services
Accounting Services
Engineering Services
Legal
Finance
Executive Leadership
Risk Management
Corporate Governance
Tax Planning
Business Development
Operations
Compliance
Insurance
Business Owner
Managing Partner
CEO
CFO
Corporate Lawyer
Insurance Broker
Business Advisor
Estate Planner
Tax Consultant
Risk Manager
Corporate Secretary
Financial Planner
Business Succession Planner
Managing Director
Partner
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