Shareholder Protection

The loss of a shareholding director following death, serious illness or permanent disability can have a serious effect, both on the future of a business itself and on their family.

Shareholder Protection allows a business to protect itself against the financial loss it may suffer from losing a major shareholder in any of these events.

Shareholder Protection is usually put in place to ensure that on the death of a Shareholder…

  • Their shares in the Company are available for the other Shareholder(s) to buy
  • There is sufficient cash available to buy their shares
  • The above is done in a tax efficient manner.

Shareholder Protection ensures that the shares of a deceased shareholder are bought from the deceased estate/wife etc so they walk away with the true value of the shares, while the surviving shareholders then own the company between them.

This is normally carried out by:

  • Effecting life insurance on each Shareholder to the value of their shares in the Company
  • Putting these polices in trust so the payout is available to the remaining 
    Shareholder(s) without any tax implication
  • Putting in place a 'cross option agreement' between the Shareholders so that if the options are exercised the holder of the shares must sell them and the other Shareholder(s) must buy them.

 

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