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1. Buy-Sell Agreements (Shareholders' Agreement)
In Australia, a buy-sell agreement is also known as a shareholders' agreement. It functions similarly to those in other regions, outlining the procedures if an owner dies, becomes disabled, or leaves the business. There are two main types:
2. Key Person Insurance
Key person insurance in Australia is similar to other regions. The business purchases life insurance on a key employee or owner, and the business is the beneficiary. The death benefit can be used to:
3. Collateral for Loans
Australian businesses often use life insurance policies as collateral for business loans. This ensures that if a key person or owner dies, the loan can still be repaid, providing financial stability to the business.
4. Funding for Business Continuation
Life insurance provides funds to ensure the business can continue operating after the death of an owner or key employee. This includes covering operational expenses, paying off debts, or buying out the deceased owner’s interest.
5. Executive Benefit Plans
In Australia, life insurance can also be part of executive benefit plans to attract and retain key employees. These plans might include deferred compensation agreements, bonus plans, or split-dollar life insurance arrangements.
Practical Example: Shareholders' Agreement
Consider a business in Australia with three co-owners: Alice, Bob, and Carol. They set up a cross-purchase agreement:
Each owner buys a life insurance policy on the other two.
Benefits
Legal and Tax Considerations
By integrating life insurance into their business strategy, Australian business owners can ensure they are prepared for unforeseen events, maintain continuity, and protect the financial interests of all parties involved.
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