Proper Planning Can Avoid a Business Divorce and Save the Business

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The end of a business relationship is no less painful or emotional than the end of a social relationship. Many entrepreneurs in the glow of start-up fervor do not anticipate their management may become dysfunctional or the founders’ visions will diverge. Failure to consider an exit plan at formation can destroy a business, but good early planning can provide an orderly exit when the relationship falls apart.

The most common events to trigger the buyout of a shareholder, member or partner in a business are: death, disability, deadlock/expulsion/minority shareholder oppression, voluntary withdrawal (retirement or wanting to pursue other options), termination of employment, bankruptcy/insolvency, family disputes and divorce where the spouse will not relinquish rights to the company.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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