Disability Buy Sell Agreement Template for South Africa

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Key Requirements PROMPT example:

Disability Buy Sell Agreement

"I need a Disability Buy Sell Agreement for my medical practice partnership with three other doctors in Cape Town, with specific provisions for partial disability and a six-month assessment period before triggering the buy-out clause."

Document background
The Disability Buy Sell Agreement is essential for business continuity planning in South Africa, particularly for closely-held businesses, partnerships, and private companies where owners are actively involved in operations. This agreement provides a predetermined framework for handling ownership transition when an owner becomes disabled, ensuring business continuity while protecting all parties' interests. It complies with South African legislative requirements, including the Companies Act, Long-term Insurance Act, and relevant disability regulations. The document typically includes insurance funding provisions, specific disability definitions, valuation mechanisms, and transfer procedures. It's particularly crucial for businesses where the owners' active participation is vital for success and where an owner's disability could significantly impact operations.
Suggested Sections

1. Parties: Identification of all business owners participating in the agreement

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

3. Definitions: Key terms including 'Disability', 'Business Interest', 'Purchase Price', 'Triggering Event', and other relevant definitions

4. Purchase Obligation: Mandatory obligation to purchase/sell business interest upon disability

5. Definition of Qualifying Disability: Detailed criteria for what constitutes a disability triggering the agreement

6. Valuation Method: Agreed method for determining the purchase price of business interests

7. Payment Terms: Structure and timing of payments for the purchase of business interests

8. Insurance Provisions: Requirements for disability insurance policies funding the agreement

9. Notice Requirements: Procedures for notification of disability and intent to trigger agreement

10. Medical Examination: Requirements for medical verification of disability

11. Transfer Procedures: Process for transferring business interests upon disability

12. Representations and Warranties: Standard business representations by all parties

13. Dispute Resolution: Procedures for resolving disagreements

14. General Provisions: Standard clauses including governing law, amendments, and notices

Optional Sections

1. Cross-Purchase vs. Entity Purchase: Optional section when flexibility is needed in the purchase structure

2. Partial Disability Provisions: Include when parties want to address partial disability scenarios

3. Recovery Provisions: Include when parties want to address potential recovery from disability

4. Right of First Refusal: Optional where parties want additional control over ownership transfers

5. Tax Provisions: Detailed tax handling where specific tax treatment is desired

6. Family Member Rights: Include when family members have specific rights or roles

7. Business Continuation: Include when specific provisions for business management during transition are needed

Suggested Schedules

1. Schedule A - Current Business Interests: Details of each owner's current business interests and shareholding

2. Schedule B - Insurance Policies: Details of disability insurance policies funding the agreement

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

4. Schedule D - Medical Practitioners: List of approved medical practitioners for disability verification

5. Appendix 1 - Definition of Disability: Detailed medical criteria for qualifying disabilities

6. Appendix 2 - Transfer Documents: Pro forma transfer documentation

7. Appendix 3 - Notice Forms: Standard forms for various required notices under the agreement

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
Clauses
Relevant Industries

Professional Services

Medical Practices

Legal Practices

Engineering Firms

Consulting Services

Manufacturing

Retail

Technology

Construction

Architecture

Financial Services

Real Estate

Healthcare

Small and Medium Enterprises

Family Businesses

Relevant Teams

Legal

Finance

Executive

Risk Management

Compliance

Corporate Governance

Insurance

Treasury

Business Development

Operations

Relevant Roles

Business Owner

Managing Director

Chief Executive Officer

Partner

Company Director

Chief Financial Officer

General Counsel

Risk Manager

Corporate Lawyer

Financial Director

Business Development Director

Operations Director

Company Secretary

Compliance Officer

Insurance Manager

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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