Disability Buyout Agreement Template for United States

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Key Requirements PROMPT example:

Disability Buyout Agreement

"I need a Disability Buyout Agreement for my three-person medical practice in California, funded by disability insurance, with a six-month waiting period before the buyout can be triggered and quarterly payment terms over five years."

Document background
A Disability Buyout Agreement is essential for businesses with multiple owners to ensure business continuity and fair treatment of all parties if an owner becomes disabled. This contract type, subject to U.S. federal and state regulations, defines what constitutes a disability, establishes valuation methods, and outlines the process for transferring ownership. It typically includes insurance funding provisions, payment terms, and specific criteria for disability determination. The agreement protects both the disabled owner's financial interests and the ongoing business operations, making it a crucial component of business succession planning.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the business entity and owners

2. Background: Context of the agreement and existing business relationship

3. Definitions: Key terms including 'disability', 'triggering event', and 'purchase price'

4. Disability Determination: Process and criteria for determining disability status

5. Purchase Price and Valuation: Method for determining business interest value

6. Payment Terms: Structure and timing of buyout payments

7. Insurance Provisions: Details of disability insurance funding mechanism

Optional Sections

1. Down Payment Provisions: Terms for initial payment if not paid in full - used when payment is structured over time

2. Medical Examination: Requirements for medical evaluation - used when independent medical verification is desired

3. Transition Period: Terms for business transition period - used when immediate transition is not practical

Suggested Schedules

1. Schedule A - Valuation Formula: Detailed methodology for calculating business value

2. Schedule B - Insurance Policies: List and details of relevant insurance policies

3. Appendix A - Medical Criteria: Specific criteria for disability determination

4. Appendix B - Transfer Documents: Forms and documents required for ownership transfer

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

Industries

Americans with Disabilities Act (ADA): Federal law that prohibits discrimination against individuals with disabilities and may impact how disability is defined and treated in the agreement

Internal Revenue Code: Federal tax provisions governing the treatment of disability benefits, buyout payments, and related tax implications

Employee Retirement Income Security Act (ERISA): Federal law that may apply if the disability buyout agreement is part of an employee benefit plan

State Business Entity Laws: State-specific laws governing corporations, LLCs, and partnerships that affect business ownership transfer requirements

State Insurance Regulations: State-specific rules governing insurance policies, including disability insurance requirements and funding regulations

Tax Treatment Considerations: Specific considerations including capital gains implications, basis adjustments, and insurance premium deductibility

Securities Laws: Federal and state regulations regarding the transfer of business interests that may be considered securities

State Contract Laws: State-specific requirements for contract formation, enforcement, and Uniform Commercial Code provisions

Corporate Governance Rules: Requirements from operating agreements, bylaws, and existing buy-sell agreements that affect the disability buyout

HIPAA: Federal healthcare privacy law governing the handling and protection of medical information in disability determinations

State Medical Privacy Laws: State-specific requirements for handling and protecting medical information beyond HIPAA requirements

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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