When a shareholder dies, his or her shareholding is covered by their estate. This means that it is usually given to a family member. In some cases, this may be what the shareholder wanted and the family member would like to interfere in the case. But most of the time, the family would prefer to sell the share so that they can be financially supported after a loss. The goal is that if one of the shareholders suffers from a critical illness or dies, the others receive the money from the Treuhand to buy their shares. If the shareholder has died, the personal representatives would distribute the proceeds of the sale according to the deceased`s will or standards. This agreement is then put in place for shareholders in order to grant each other options for selling and calling on the shares. Each partner is committed to cooperating fully in the course of a claim. It also gives each shareholder the opportunity to purchase life insurance to protect the business. The second option for purchasing shareholder protection insurance is a “Life of Another” policy. This type of policy is most often found in a company owned by two shareholders. Each beneficiary for the other, the policy premiums are paid individually by each of the shareholders.
This has the advantage of exonerateing them from tax if they have to assert their rights. At Nelson, we advise our clients on shareholder protection plans in collaboration with our own investment management team. The person concerned, as agent of the fiduciary corporation, will automatically be a fiduciary trustee and the designated additional agents will generally include the other underwriters participating in the protection agreement. In addition, the legal representatives of the deceased`s estate have not only the opportunity for surviving shareholders to purchase the shares, but also the opportunity to sell the shares to other shareholders. Sometimes it is a double option agreement. It gives surviving shareholders the opportunity to purchase the shares from personal representatives. In addition, in the event of a takeover by the company itself, at the time of the takeover, there must be sufficient distributable reserves in the business (i.e. at the time of the exercise of the option and not at the time of the conclusion of the agreement). There are three ways in which shareholders can determine the value of the shares. First, they could determine the market value of the business.
Perhaps the fairest and most honest way to determine value, but it is not to check whether the amount it is worth is the same as what shareholders would pay. The stock must therefore be purchased at an open market value, which could create several problems – such as existing shareholders who think they are not worth that amount or cannot afford it. This could slow down the sale process and delay the purchase. Before the shareholder contract is concluded, as has already been mentioned, each shareholder should take out life insurance or a critical illness policy.