Share Purchase cover
CORPORATE SHARE PURCHASE
If one of the owners of a
business becomes critically ill or dies, they or their family might have to sell
their share of the business, and this could be to a competitor or some other
unsuitable buyer. They could possibly force the winding up of a business.
Perhaps the owner's family may wish to become involved in the business, which
may be at best disruptive or at worst unacceptable to the other members of the
business. It is therefore important that should such an event occur that plans
are in place to buy the shares in question. There are certain criteria to be
borne in mind when considering such protection. The Companies Act 1981 & Finance
Act 1982 give legal requirements:
 |
Articles of Association must state
steps to be taken in such an event |
 |
there must be written agreement
between company directors (cross option maintains IHT business relief) |
 |
the contract / option to purchase
shares must be authorised by a 75% majority of shareholders |
 |
the concern must be a trading
company |
 |
must get Revenue approval |
How does it work:
 |
Shares purchased are cancelled |
 |
AuthorisRemaining share holdings will
increase in valueed capital remains unaltered |
 |
Renewable term/ critical
illness policy written on each directors life to fund share buy-back |
 |
Insurable interest criteria is
met via liability to purchase |
There are also taxation
considerations covering capital taxes on proceeds.
We provide the expertise to place and set up
specific schemes to protect the business in such circumstances
Either complete our
General Enquiry Form or
e-mail
us for further information