Due to changes in the labor market and the perspective of younger workers, owners of closely held businesses are increasingly considering offers of equity interests in their business to retain young talent and plan for the succession of the business. However, in order to adequately protect themselves in such instance, the existing owners of the business should carefully consider the terms of such equity offers and the provisions of the governance agreement for the business that should be established or modified to address the risks associated with the admission of the new owners of the business.
This presentation will identify several issues that should be considered by the existing owners of a closely held business in deciding upon the terms of an equity offer under these circumstances. The presenters will also describe the provisions that should be included (or at least considered for inclusion) in the governance agreement for the entity and the key protections concerning such provisions that the existing owners should consider adopting before admitting new owners to the business.
Recorded at the Business Law Institute in November 2022.