Buy-and-sell agreements. Protecting your business interests.

Francois le Clus • July 1, 2024

Buy-and-sell agreements. Protecting your business interests. 


If you’re running a business with partners, having a buy-and-sell agreement in place is crucial.


But why, you may ask? The answer is pretty straightforward.


Here’s the deal: When you pass away, your shares in the company become part of your estate or transfer to your business partner as per your shareholder’s agreement. If there’s no clear plan in place, those shares end up in your estate, to be distributed according to your will.


Enter the buy-and-sell agreement – your solution to these issues. This agreement is backed by life insurance policies on each partner’s life, ensuring enough cash to cover the purchase price. Simultaneously, the agreement establishes the obligation to sell the deceased partner’s shares and the obligation for the surviving partner to buy them.


Now, let’s talk about the risks:


  • Insufficient cash: The remaining owners might not have enough cash to buy the deceased partner’s business interests.
  • Uncertain fair price: Heirs might not be guaranteed a fair price for the business interests, potentially leading to a forced sale.
  • Ownership complications: The remaining owners might face unclear ownership, dealing with heirs or delays in estate settlement.
  • Business capital drain: Funding the purchase could drain the business’s capital, jeopardizing its continuity.


On the flip side, the benefits are significant:


  • Business continuity: The business keeps going without outside interference.
  • Smooth transition: Funds are available for a timely conclusion of the transaction.


For dependents or beneficiaries, the advantages are:


  • Inherited capital: They receive a capital amount instead of dealing with a business they may not know.
  • Financial security: The received capital can replace lost income and contribute to overall estate planning.


Now, let’s consider the importance of a shareholder’s agreement:


This agreement, entered into during the partners’ lifetimes, governs their relationship and outlines what happens to shares in the event of death or retirement. Without it, shares become part of the deceased partner’s estate.


And remember, getting the structure right is essential to qualifying for estate duty exemption. The Estate Duty Act provides exemptions if specific conditions are met.


In conclusion, a buy-and-sell agreement is vital for protecting interests and ensuring the intended transaction occurs. Without it, disputes can end in costly and time-consuming court battles, benefiting no one, especially not the deceased owner’s beneficiaries.


By Ruvan J Grobler March 31, 2026
In a quiet corner of a garden, a tiny egg rested beneath a leaf, unnoticed by the world. In time, it hatched into a caterpillar—small, vulnerable, and endlessly hungry. Day after day, it consumed everything in its path, growing rapidly but remaining earthbound, exposed to every passing threat. Then, without warning, it stopped. It found a still place, attached itself to a branch, and formed a chrysalis. From the outside, it looked lifeless—fragile, even pointless. To an observer, it might have seemed like the end of its journey. But inside, everything was changing. The caterpillar was breaking down completely, dissolving into something unrecognizable before slowly rebuilding itself into something entirely new. Time passed. When the chrysalis finally opened, the creature that emerged was no longer confined to the ground. Its wings were soft at first, uncertain. It struggled, pushing fluid through them, strengthening them with effort. Only after this resistance could it take flight. And when it did, it soared—no longer bound by the limitations of its former life but shaped by every stage that came before. It’s been six years since humanity’s last global threat, the Covid pandemic. A lot has changed, but we as people have not. Just as the butterfly in the story above goes through its cycle the global economy does too. But the butterfly does not know its going through this cycle, its merely following its path. We are very aware of the cycle as it has an effect on our every day lives especially on our finances. But just as the butterfly follows its path, we are too. Focus on what you can control. We often stress the issues out of our own control and isn’t exclusive to finances. Not a single person reading this article has any control of the global economy and the current conflict in the Middle East. None of us also knew exactly when it would happen and when it is going to end. Don’t get me wrong, I too struggle to manage my thoughts and emotions when we go through the tough parts. Shifting the focus towards finances; except for being in control of how you earn an income, the only other factor you can control is your spending. Stick to your budget! Never stop investing! Stay disciplined! Crisis Asset Allocation I get many questions on what we are doing to manage risk and potential losses. This is where financial planning becomes extremely important. Every single investment in your portfolio is linked to a need or a goal, not just any goal but a time-based goal. This specific time horizon has influenced the type of assets bought in order to reach these goals. The longer away the goal, the more risk is taken and vice versa. Investments where liquidity is needed will be affected much less than a long-term share portfolio. More liquidity, less risk. Meaning that if you need cashflow you should not be worried as the asset exposure will be less affected. Retirement products will have exposure to many different assets where there are conservative assets to provide protection in the short-term. The growth asset exposure that may be volatile now is the part that gives you the long-term inflation beating returns. During this part of the cycle certain assets have become less desirable and opportunities have popped up elsewhere. All portfolios are monitored to make sure that the original mandate is followed, and the investment goal is reached at the end of the applicable term. All asset managers have started to make asset allocation changes to match the changing of the cycle and the Bovest investment committee has also done so. Is it time to sell and move to cash? In short, no. We don’t know when markets will turn and no one else either. Historically in these crises it takes on average around two weeks to reach the bottom of the market and then more than a month to recover. This does create many buying opportunities for asset managers but also for you as investor. Warren Buffet always says, "Be fearful when others are greedy and greedy when others are fearful" . This is the time to buy assets on “sale”, don’t sell them. Getting out of the market is the biggest risk, this is where investors lose money. Stick to the plan and stay patient, you will be rewarded. Ruvan J Grobler RFP™ (PGDip Financial Planning)
By Dr. Riaan Botha March 31, 2026
Die oorlog in die Midde-Ooste is ’n nuuswaardige gebeurtenis en die TV-dekking daarvan ontstel die meeste kykers. Dit is die rede waarom afgetredenes wonder hoe hierdie vernietigende optrede van vegtende weermagte moontlik hul finansiële beplanning vir hul aftrede gaan raak. Ons leef in ’n wêreld wat elke paar jaar geruk word deur onvoorsiene krisisse. Dink maar aan die internasionale finansiële krisis in 2008, en wie kan die pandemie van 2020 vergeet? Die finansiële markte is toe, net soos tans die geval is, negatief geraak deur vernietigende gebeure. Is die finansiële gevolge van die huidige oorlog anders as tydens vorige krisisse? Finansiële beplanning vir aftrede is langtermynbeplanning, terwyl ’n krisis ’n korttermyngebeurtenis is. Langtermynbeplanning is veral noodsaaklik tydens korttermynperiodes wanneer finansiële markte wisselvallig vertoon. Geskiedenis het bewys dat die strategie om in en uit die markte te koop en te verkoop minder portefeuljegroei veroorsaak as om voortdurend in die markte belê te bly. Die beleggingstrategie van “timing the market” moet eerder vervang word met “time in the market”. Sodoende word groeigeleenthede in die markte benut en word kostes van transaksies vermy. In ’n beleggingsomgewing waarin onsekerheid heers, is die diversifikasie van ’n beleggingsportefeulje een van die mees effektiewe benaderings tot risikobestuur. Beleggings in verskillende bateklasse en oor verskillende geografiese gebiede heen dien as ’n kussing teen krisisse soos die oorlog in die Midde-Ooste. Langtermyn finansiële beplanning, waartydens daar gereelde portefeuljehersiening plaasvind, asook die hersiening van persoonlike finansiële doelwitte, verseker ’n meer stabiele uitkoms vir die afgetredene.  Hierdie oorlog is nie anders as vorige krisisse nie. Indien daar egter onsekerheid by kliënte van Bovest bestaan oor of hul huidige aftreeportefeulje reg saamgestel is vir die oorlogskrisis en die moontlike finansiële gevolge daarvan, moet hulle asseblief hul adviseur skakel.