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Understanding Buy-Sell Provisions in Shareholder Agreements
Understanding Buy-Sell Provisions in Shareholder Agreements

Understanding Buy-Sell Provisions in Shareholder Agreements

What if your business partner wants to retire tomorrow, or a shareholder unexpectedly passes away, leaving their stake to someone who’s never been involved in daily operations?

Whether your company is headquartered on Broad Street, expanding in Mount Pleasant, or serving clients from Summerville to West Ashley, a clear buy-sell provision protects your ownership and limits surprises.

At Buxton & Collie, LLC, we help Charleston-area businesses of all sizes build strong shareholder agreements that hold up when life changes fast.

What Are Buy-Sell Provisions?

Buy-sell provisions, sometimes called buyout clauses, are rules written into your shareholder agreement that explain when, how, and for how much shares can be bought or sold. They answer questions like:

  • What happens if an owner retires or passes away?
  • How do we calculate the fair price for their shares?
  • How does the company or remaining shareholders pay for the buyout?

These clauses remove uncertainty and provide a roadmap when someone’s exit could otherwise disrupt the entire business.

Why They Matter for Businesses in Charleston

A strong buy-sell agreement means you won’t have to scramble if a partner in North Charleston suddenly wants out, or if an unexpected dispute pops up in an office on Daniel Island.

Without clear terms, you risk conflicts such as family members stepping in as unwanted new owners, and potentially expensive legal battles.

What Should a Buy-Sell Agreement Include?

A good buy-sell provision covers three essentials:

  • Triggering Events: Retirement, death, disability, divorce, or voluntary exit.
  • Valuation: How to calculate fair share price, using an agreed formula or third-party appraisal.
  • Funding: Options like life insurance, company reserves, or structured payments to finance the buyout.

Updating or Reviewing Existing Buy-Sell Provisions

From long-time family businesses in West Ashley to growing teams near Nexton, many companies in the Charleston metro have old shareholder agreements that don’t match their current situation. We help clients:

  • Review outdated clauses
  • Adjust valuation methods for today’s market
  • Clarify vague language to prevent loopholes\

Updating your agreement now is often far easier (and cheaper) than resolving a dispute later.

How Buxton & Collie, LLC Helps Protect Local Businesses

Our attorneys know the Charleston business scene and what works in the Lowcountry market. We draft, negotiate, and review buy-sell provisions for companies throughout Mount Pleasant, Summerville, Johns Island, and beyond.

We take the time to understand your goals, your ownership structure, and your future plans, so your agreement isn’t just legally solid, but practical for your real-world operations.

Protect Your Investment — Talk with a Charleston Business Attorney Today

Don’t leave your company’s future up to chance. Let Buxton & Collie, LLC help you craft or strengthen a buy-sell agreement that protects what you’ve built, whether you’re running a boutique downtown or managing a growing firm in Park Circle.

Contact us today to schedule a consultation with a Charleston business attorney you can trust.