A typical example of a «narrow» arbitration agreement might be found in a buy - sell agreement that calls for the buyout of a manager's stock in a closely held company upon
death at fair market value as of the date of death as determined by mutual agreement with an arbitrator chosen by some specified method determining the fair market vale as of the relevant date if the parties fail to reach a mutual agreement within X days.
Not exact matches
Except in the event of the optionee's
death, if the shares are disposed of prior to the expiration of the statutory holding periods (a «Disqualifying Disposition»), generally, the amount by which the
fair market value of the shares
at the time of exercise exceeds the total exercise price will be ordinary income.
They would have been deemed to have sold the property
at fair market value on their
death — a so - called deemed disposition.
This, in essence, brings the basis up to the
fair market value at death, thereby eliminating a capital gain if the property is sold immediately after
death.
In years when the estate tax applies, the basis of assets held by the decedent is adjusted to the
fair market value of the assets on the date of
death, so that heirs can sell assets
at that
value without reporting a capital gain.
If assets are not held jointly with your spouse, the general rule is that the Canada Revenue Agency will deem it to be sold
at fair market value upon your
death.
The
fair market value at the time of your
death, less your adjusted cost base, will be the capital gain.
For appreciated assets (those with date - of -
death fair market value in excess of the decedent's basis), a limited basis step - up rule can be used
at the discretion of the estate's executor.
If Participant's employment with Micro or any Affiliate is terminated for any reason other than
death, disability... or retirement... prior to the time when all Shares have become Unrestricted Shares..., Restricted Shares... shall be repurchased by Micro
at the lower of (x) the Purchase Price and (y) the
Fair Market Value of such Shares on the Repurchase Date.