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Reason's To Review A Shareholder's Agreement
​
Posted on April 18th, 2022 by Don Anderson
Every shareholders’ agreement should be reviewed and updated from time to time, particularly when the business experiences an ownership change. 

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Any and all of the obligations, needs and what-ifs associated with the agreement, particularly those that require funding, should be identified, reviewed and clearly defined.

​For example:
  1. The disability of a shareholder.
  2. The death of a shareholder.
  3. The method for defining the effective share price at which any buy-sell will take place.
  4. The allowances related to the share redemption or purchase.
  5. As applicable, the most tax-efficient structure for funding those transactions. 
  6. Charitable giving goals and obligations. ​

​When a life insurance plan forms some or all of the liquidity solution, a review of the shareholder's agreement should be completed to ensure consistency with the insurance policy. Attention should be given to confirming the policy owner, named life insured(s),  premium funding requirements, named beneficiary(s), and potential change options and requirements in the years ahead. 

Once all the preparatory work has been completed, a legally binding shareholders’ agreement must be signed by all parties and put in place. Strokes, cancer and accidental deaths can impact families and businesses at any time and at a moments notice. Risks such as these become particularly important to address as shareholders age. The importance of implementing and completing a relevant, affordable shareholder's agreement can future-protect the business, employees and families alike.  

​Don Anderson
Legato
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Copyright 2023- Legato Wealth Management Inc. 

  • Home
  • About
    • Mission & Principles
    • Our People
    • Strategic Relationships
    • Community
    • Learning & Connecting
    • Contact
    • Meeting Legato >
      • Meeting Checklists
      • Parking
      • Review Online
  • Solutions
    • Creating & Distributing Wealth
    • Key Understandings
    • Legato Plans
    • Philanthropy
    • Steps to Legato1
    • Policy Search
    • Will Search
  • Articles
    • The Pair: Estate Freeze & Legato Plan
    • 70 Years and 214 Days
    • Tax Apportionment in Estate Planning
    • Beneficiary Designations and Resulting Trusts Revisited
    • Reviewing A Shareholder's Agreement
    • Part 1: Legacy Gifting Private Company Shares
    • Part 2: Legacy Gifting Private Company Shares
    • Life Insurance As Fixed Income Plus
    • Smooth Transitions
    • Reduce Estate Shrinkage
    • Take Time For Your Legacy
    • Protect Your GrandChildren
    • Another Asset Class
    • Take Five
    • Inheritance & Taxation
    • Cash Me If You Can
    • Think Wider
    • Succession Planning
    • Legato 3
    • Retirement Income
    • Look Across
    • Lest We Forget
    • Partners In Search For A Cure