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Buy Sell Agreement (Insurance) Template for South Africa

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Key Requirements PROMPT example:

Buy Sell Agreement (Insurance)

"I need a Buy Sell Agreement (Insurance) for my three-owner technology consulting firm in Cape Town, where we want to ensure business continuity through life insurance policies if any owner dies or becomes permanently disabled, with the company being the policy owner and beneficiary."

Document background
The Buy Sell Agreement (Insurance) is a crucial document for business continuity planning in South Africa, designed to facilitate smooth ownership transitions in various scenarios. It combines elements of both corporate and insurance law, structured under South African jurisdiction, particularly the Insurance Act 18 of 2017 and the Financial Advisory and Intermediary Services Act. This agreement is typically used when business owners want to ensure their interests can be purchased by remaining owners or the business entity upon specific triggering events, with life or disability insurance policies providing the necessary funding. The document includes comprehensive details about insurance policy requirements, premium payments, valuation methods, and transfer procedures, while ensuring compliance with South African regulatory requirements. It's particularly relevant for closely-held businesses where maintaining control over ownership is crucial, and where immediate access to funds for purchasing business interests is necessary.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the insurance provider, business owners, and any relevant corporate entities

2. Background: Context of the agreement, including the business relationship between the parties and the purpose of the buy-sell arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including insurance-specific terminology

4. Purchase Events: Specific circumstances that trigger the buy-sell provisions, such as death, disability, retirement, or voluntary departure

5. Insurance Obligations: Details of required insurance policies, premium payments, and maintenance of coverage

6. Valuation Method: Agreed method for determining the business value and purchase price

7. Payment Terms: Structure and timing of payments following a triggering event

8. Rights and Obligations: Specific rights and obligations of each party regarding the insurance policies and buy-sell provisions

9. Tax Considerations: Treatment of tax implications and responsibilities

10. Notices: Process for delivering formal notices between parties

11. General Provisions: Standard contractual provisions including governing law, amendments, and severability

Optional Sections

1. Cross-Purchase Provisions: Used when implementing a cross-purchase structure where surviving owners purchase the departing owner's interest directly

2. Entity Purchase Provisions: Used when the business entity will purchase the departing owner's interest

3. Disability Buyout Provisions: Detailed provisions for handling buyouts triggered by disability, including definition of disability

4. Right of First Refusal: Optional provisions giving remaining owners first right to purchase before shares can be sold to outside parties

5. Family Transfer Exceptions: Special provisions for transfers to family members or trusts

6. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration requirements

Suggested Schedules

1. Schedule A - Insurance Policy Details: Specific details of insurance policies including policy numbers, coverage amounts, and beneficiaries

2. Schedule B - Ownership Interests: Current ownership percentages and shares/interests held by each owner

3. Schedule C - Valuation Formula: Detailed methodology for calculating business value

4. Schedule D - Premium Payment Schedule: Breakdown of insurance premium payments and responsibilities

5. Appendix 1 - Certificate of Insurance: Copies of insurance certificates for all relevant policies

6. Appendix 2 - Specimen Buy-Sell Notice: Template for formal notice of intention to sell or purchase interests

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Insurance

Professional Services

Manufacturing

Retail

Technology

Healthcare

Construction

Agriculture

Real Estate

Hospitality

Relevant Teams

Legal

Finance

Risk Management

Compliance

Corporate Governance

Executive Leadership

Business Development

Insurance

Treasury

Relevant Roles

Business Owner

CEO

Managing Director

Financial Director

Insurance Broker

Corporate Lawyer

Risk Manager

Chief Financial Officer

Business Development Manager

Company Secretary

Succession Planning Advisor

Estate Planning Attorney

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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