An enterprise agreement would protect the assets of each member/owner, while protecting property rights. In addition, members may benefit from certain tax advantages after the agreement is concluded. You can find the document on the Secretary of State`s website. When you download the document, you can print it out and fill it out. 8.5.3 The sale of the deceased member`s share of the company is made to the company`s office on a date given by the company, no later than 90 days after agreement with the personal representative of the deceased member`s estate on the fair value of the deceased member`s shares in the company; however, if the purchase price is determined by the valuations outlined in Section 8.5.2, the financial statements are 30 days after the final valuation and purchase price. If no personal representative has been appointed within 60 days of the deceased member`s death, surviving members have the right to request a personal representative and to have a personal representative appointed. 8.5.2 If members have not assessed the interests of the deceased member in the previous two years, the value of each member`s shares in the corporation at the time of death is determined first by mutual agreement between the surviving members and the personal representative of the deceased member`s estate. If the parties are unable to agree on the value within 30 days of the appointment of the deceased member`s personal representative, the surviving members and the personal representative will be required to select a qualified evaluator within 30 days. The selected appraisers must endeavour to determine the value of the shares held by the fraudster at the time of death, solely on the basis of their assessment of the total value of the company`s assets and the amount the fraudster would have received if, on that date, the company`s assets had been sold for an amount corresponding to its fair market value and the proceeds (after payment of all the company`s obligations) had been distributed in the manner provided for.
The valuation cannot take into account and discounts for the sale of a minority stake in the company. If the evaluators cannot agree on the value within 30 days of the selection, both reviewers must select a third evaluator within 30 days. The value of the fraudster`s interest in the company and the purchase price will be the average of the two valuations closest to each other. This amount is final and binding on all parties and their respective beneficiaries, the beneficiaries of the transfer and the representatives. The expenses and expenses of the third evaluator, as well as the expert`s expenses and expenses withheld by the deceased but unpaid member`s estate, are deducted from the purchase price paid for the deceased member`s interest in society.