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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:

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Articles of Association must state steps to be taken in such an event

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there must be written agreement between company directors (cross option maintains IHT business relief)

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the contract / option to purchase shares must be authorised by a 75% majority of shareholders

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the concern must be a trading company

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must get Revenue approval

How does it work:

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Shares purchased are cancelled

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AuthorisRemaining share holdings will increase in valueed capital remains unaltered

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Renewable term/ critical illness policy written on each directors life to fund share buy-back

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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

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Last modified: 12/08/09