Buy Sell Agreement Life (Insurance) Template for New Zealand

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Key Requirements PROMPT example:

Buy Sell Agreement Life (Insurance)

"I need a Buy Sell Agreement Life (Insurance) for our four-partner accounting firm in Auckland, with specific provisions for policy coverage of NZD 2 million per partner and quarterly business valuation updates, to be implemented by March 2025."

Document background
The Buy Sell Agreement Life (Insurance) is a crucial document for businesses in New Zealand with multiple owners who wish to establish a clear succession plan in the event of an owner's death. This agreement is particularly relevant when business partners want to ensure business continuity while providing fair compensation to a deceased owner's estate. It details the mandatory purchase and sale of business interests, using life insurance policies as the funding mechanism. The document typically includes specific provisions compliant with New Zealand law regarding insurance requirements, valuation methods, transfer procedures, and payment terms. It's commonly used by small to medium-sized businesses where owners want to prevent unauthorized third parties from acquiring business interests and ensure smooth transition of ownership while maintaining the company's operational stability.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including business owners and any corporate entities involved

2. Background: Sets out the context of the agreement, including business ownership details and purpose of the buy-sell arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Purchase Obligation: Details the circumstances triggering the buy-sell obligation and the commitment to purchase/sell

5. Life Insurance Requirements: Specifies the requirements for life insurance policies, including coverage amounts and policy maintenance

6. Purchase Price: Establishes the method for determining the purchase price of business interests

7. Payment Terms: Outlines how and when payment will be made, including the use of insurance proceeds

8. Transfer Process: Details the process and requirements for transferring business interests

9. Representations and Warranties: States the parties' representations regarding their authority and capacity to enter the agreement

10. Confidentiality: Establishes obligations regarding confidential information

11. Dispute Resolution: Sets out the process for resolving any disputes under the agreement

12. General Provisions: Contains standard contractual provisions including governing law, notices, and amendments

Optional Sections

1. Disability Provisions: Include when parties want to address permanent disability as a trigger event

2. Cross-Purchase vs. Entity Purchase: Include when flexibility is needed in the purchase structure

3. Right of First Refusal: Include when parties want the option to purchase before interests can be sold to third parties

4. Family Transfer Exceptions: Include when allowing certain transfers to family members without triggering buy-sell provisions

5. Tax Provisions: Include when specific tax treatment or consequences need to be addressed

6. Business Continuation: Include when specific provisions for interim business management during the transfer process are needed

7. Competing Business Restrictions: Include when restrictions on competing businesses are desired post-transfer

Suggested Schedules

1. Schedule 1 - Insurance Policy Details: Lists all relevant insurance policies, including policy numbers, insurers, and coverage amounts

2. Schedule 2 - Valuation Method: Detailed methodology for business valuation, including formulae and procedures

3. Schedule 3 - Owner Information: Details of current ownership structure and percentages

4. Schedule 4 - Consent Forms: Standard forms for various consents required under the agreement

5. Appendix A - Calculation Examples: Examples of price calculations under different scenarios

6. Appendix B - Transfer Documentation: Templates for share transfer forms and other required documentation

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Professional Services

Manufacturing

Retail

Technology

Healthcare

Construction

Hospitality

Financial Services

Agriculture

Real Estate

Legal Services

Consulting

Relevant Teams

Legal

Finance

Executive

Risk Management

Compliance

Corporate Governance

Insurance

Treasury

Relevant Roles

Business Owner

Managing Director

CEO

CFO

Company Director

Corporate Lawyer

Insurance Broker

Risk Manager

Business Advisor

Financial Controller

Estate Planning Attorney

Company Secretary

Shareholder

Business Partner

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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