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Compensation and exit in succession

When a shareholder exits, compensation must neither endanger the business nor unfairly disadvantage the departing shareholder. In succession, valuation method, due date and dispute prevention need clear rules.

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Typical exit events

An exit can be planned or conflict driven. Retirement, dispute, death or exclusion each require clear legal consequences.

  • Reflect retirement withdrawal
  • Review dispute and exclusion
  • Consider death and inheritance

Define valuation method

Compensation should be calculable. Valuation method, valuation date and expert rules reduce later disputes.

  • Determine business value methodically
  • Set valuation date
  • Add expert mechanism

Payment terms and liquidity

Immediate lump sum payment can endanger the business. Instalments, security and maturity must be fair and financeable.

  • Review lump sum or instalments
  • Align security
  • Protect business continuity

Link to buy out and transfer restrictions

Exit, buy out and transfer limits belong together. Who takes over, when the claim arises and which deadlines apply should be regulated in one system.

  • Define buyer group
  • Determine when claim arises
  • Coordinate internal deadlines
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Typical client questions

  • How is compensation calculated on exit?
  • Can payment be deferred?
  • What happens if shareholders disagree on value?
02

Preparation checkpoints