5 min read

Contingency Agreement Types: Protect What Matters Most

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Secure Continuity, No Matter What.

Overview

Contingency planning at SRG is a proactive service designed for business owners who want to (and should want to) protect their firm and clients in the event of a triggering event (e.g., death, disability, or incapacity). These services help ensure business continuity by creating a customized transition or sale plan that outlines what will happen and who will take over.

At Succession Resource Group, our team helps you choose the key features and details of a contingency plan to create a realistic and achievable contingency plan for your team, clients, and family, as well as the most appropriate type of agreement to achieve your unique goals. This article explains what contingency agreements you might consider implementing.

Most Common Agreement Types

Buy-Sell Agreement (One Way)

Nature: A contractual obligation to purchase / sell upon a triggering event (e.g., death, disability, or incapacity). The contingency agreement itself does not represent the purchase / sale documentation; however, it defines who, when, at what price, and what terms the purchase will occur.

Purpose: Ensures commitment and prioritization without finalizing a sale.

Best For: Business owners who want a transition plan to protect their clients and business value with minimal disruption, and who have a willing buyer to name in such an agreement.

Reciprocal Buy-Sell Agreement

Nature: A mutual agreement where two firms (or individuals) agree to buy each other’s business if a triggering event (e.g., death, disability, or incapacity) occurs in either.

Purpose: Provides peace of mind and shared protection between similarly situated firms. Reciprocal buy-sell agreements ensure commitment and prioritization without finalizing a sale.

Best For: Business owners who have a mutual agreement to the terms of a transition plan to protect their clients and business value with minimal disruption.

Retainer Agreement

Nature: A service arrangement between the business owner(s) and Succession Resource Group (SRG), where SRG is contractually obligated to find a suitable buyer in the event of a triggering event (e.g., death, disability, or incapacity) to purchase your business.

Purpose: Provides peace of mind to business owners who don’t have a contingency partner identified, but want to ensure their clients and business will be protected with minimal disruption.

Best For: Business owners who want a backup plan with minimal disruption but don’t have a willing buyer to name in such a plan.

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