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Expertise in the Business Market - Reviewing the Shareholder or Partnership Agreement

Comprehensive Review

  • We can provide a no-obligation review of your agreement-particularly surrounding the areas of death, disability and critical illness. This agreement is often overlooked, rarely updated and frequently underfunded or unfunded.

  • The Cost of Status Quo - If an agreement has not been completed or is inadequately funded, the impact on the cash flow of the business in the event of a triggering event can be devastating. Using simple assumptions, the impact can be clearly demonstrated.

  • Funding Options - What is the most efficient and effective method of funding an agreement?. Term insurance? Permanent Insurance? Our comparative table will analyze this on both an aggregate and present value basis

  • The need for buy-out provisions on the disability of a shareholder is often overlooked. This is of great concern given the evidence that there is a greater likelihood of disability before age 65 than death. Having disability insurance to fund a buy-sell provision can be complex. The shareholders' agreement must address the following: definition of disability, timing, method by which buy-out occurs.

How to Minimize Capital Gains on Death

  • Properly structuring the agreement may allow for the estate to minimize the capital gains payable at death

Securitizing Shareholders Loans

  • In the event of one of the shareholders/partners suffering a critical illness, tax-free liquidity would be beneficial.

  • Guaranteeing liquidity of any outstanding shareholders loans can be accomplished with some creativity

Insuring Key employees

  • Insuring key employees can mean the difference between the continued success or sudden failure of your business. Creative structuring can provide you with a powerful attraction and retention tool.

Succession planning

  • The issue of succession planning is a trillion dollar problem in Canada and it will peak in the next 7-10 years.

  • Preparing you for the issues you will face and helping you with tax-efficient strategies will separate you from your competition

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