Divorce, of course, often leads to bitter disputes between spouses and, without a buy-and-sell agreement, a key question, often before the divorce court, is how to divide the stock between the spouses or how to assess it if one spouse should „buy“ the other. Normally, the provision allows the remaining shareholders to purchase the shares of the outgoing spouse and resell them at the same price to the remaining spouse of the company. The key is to prevent the group from being involved in the litigation and to ensure that the price is fair and the conditions. We have found that the use of the exact same pricing method and the same conditions as redemption in the event of death or disability is a good idea, and we are generally in favour of mandatory conciliation in the agreement, so that the divorce court is not even competent on the issue of redemption. The second type, a share withdrawal contract, provides for the acquisition by the company itself of the shares of a withdrawal shareholder. This purchase can also be financed by insurance. The main advantages of stock withdrawal contracts are cost and versatility. Insurance policies are often not necessary because the company acquires the shares and the redemption costs are not borne by the shareholders themselves. They are versatile because they can be created in situations where shareholders have different ages and may not be insured. After a shareholder`s divorce, it is possible for a court to assign shares to the non-shareholding spouse. The shareholder contract generally provides that the outgoing shareholder has the first right to acquire the shares of the former spouse and that the remaining company and shareholders have the right to acquire them if the outgoing spouse does not.

Each shareholder has the right to acquire the share put up for sale, since the number of shares he owns on that date is the total number of shares held by all other shareholders, with the exception of the selling shareholder; However, unless a shareholder buys his or her full share of the shares, the unreased shares may be acquired by other shareholders. 1. Initial right of refusal: the agreement allows the selling shareholder to find a buyer, but grants a right of pre-emption to the company and the remaining shareholders as soon as a good faith offer is made.

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