Assigning A Key Person Insurance Policy

Key person insurance policies are designed to safeguard businesses against financial losses resulting from the death or disability of crucial individuals within an organization.

In certain situations, it may be beneficial for a company to assign such a policy to another business or investor. This article explores the process of assigning a key person insurance policy, the importance of additional documentation, and the compelling reasons why companies might choose to assign a policy to another entity.

Why Assign a Key Person Insurance Policy To Someone Else 

When a business decides to assign a key person insurance policy, it entails transferring the ownership and beneficiary rights from the policy owner to another entity, such as another company or an investor.

The assignment process involves additional documentation called a deed of assignment which ensures that any potential payout goes to the assigned entity rather than the policy owner.

Let’s delve into the steps involved in assigning a key person policy and why it can be a strategic decision for businesses.

1. Understand the Policy Terms: Carefully review the terms and conditions of the key person insurance policy to ascertain any specific provisions related to policy assignment. Adhering to the requirements outlined by the insurance provider is essential during the assignment process.

2. Seek Consent: Obtain the consent of the policy owner, typically an executive or business owner. It is crucial that the policy owner understands the implications of transferring the policy to another entity and agrees to assign it accordingly.

3. Complete the Documentation: Fill out the necessary documentation, such as a deed of assignment document provided by the insurance provider. The assignment form will require details about the new policy owner, including their legal entity name, contact information, and beneficiary designation.

4. Submit the Documentation: Submit the completed assignment form, along with any additional required documents, to the insurance provider. Accuracy and completeness in the provided information are crucial to ensure a smooth and successful assignment process.

Benefits of Assigning a Key Person Insurance Policy

Assigning a key person insurance policy to another business or investor can yield several notable benefits for all parties involved. It could also be a stipulation of an investment or business protection for a loan. Let’s explore the reasons why companies may opt to assign a policy.

1. Strengthening Partnerships: Assigning a key person policy to a partnering business can strengthen the relationship and build trust. It demonstrates a commitment to ensuring business continuity and provides a level of financial security for the partner. This can be particularly advantageous in collaborative efforts, joint ventures, or strategic alliances.

2. Investor Protection: When seeking investments, assigning a key person insurance policy to the investor can mitigate their concerns and provide a sense of security. It assures investors that their investment is safeguarded in the event of the loss of a key individual, making the proposition more attractive and potentially facilitating smoother investment negotiations.

3. Business Acquisition or Merger: During mergers or acquisitions, assigning the key person policy to the acquiring company can protect the value associated with the expertise and relationships of the key individual. It provides the acquiring entity with reassurance that they will be compensated in the event of the key person’s death or disability, minimizing financial risks associated with the transition.

4. Transfer of Business Ownership: When transitioning the ownership of a business to another entity, assigning the key person an insurance policy ensures that the new owners will benefit from the coverage in the event of the key person’s loss. It provides financial stability during the ownership transfer process and safeguards the company’s value.

5. Risk Mitigation: Assigning a key person policy to another entity is a proactive risk management strategy. By transferring the policy’s ownership, the business mitigates the potential financial impact of losing a key individual. This prudent approach helps ensure the organization’s stability, continuity, and ability to navigate unexpected events.

What is a Deed Of Assignment?

A deed of assignment is a legal document that transfers the ownership of a property, asset, or right from one party (the assignor) to another party (the assignee). It serves as proof of the transfer and outlines the terms and conditions of the assignment. Deeds of assignment are commonly used in various situations, including real estate transactions, intellectual property transfers, and the assignment of contractual rights.

Key Elements of a Deed of Assignment:

1. Parties Involved: The deed of assignment identifies the assignor (the party transferring the ownership) and the assignee (the party receiving the ownership). Their full legal names, addresses, and contact information are typically included.

2. Description of the Property or Asset: The deed of assignment provides a detailed description of the property, asset, or right being assigned. This description can include specific details such as the property address, legal description, and any identifying features or numbers.

3. Consideration: Consideration refers to the value or compensation exchanged between the assignor and the assignee for the transfer. In the deed of assignment, the consideration is stated, whether it is a monetary amount, services rendered, or other agreed-upon forms of consideration.

4. Terms and Conditions: The deed of assignment includes the terms and conditions of the transfer. This may include any restrictions, warranties, or obligations related to the property or asset being assigned. It may also outline the timeframe, payment schedule, or any additional agreements made between the parties.

5. Signatures and Witnesses: To ensure the validity and enforceability of the deed of assignment, it is typically signed by both the assignor and the assignee. Additionally, witnesses may be required to sign the document, depending on local legal requirements.

Importance and Purpose of a Deed of Assignment:

1. Legal Proof: A deed of assignment provides legal proof of the transfer of ownership from the assignor to the assignee. It establishes a clear record of the transaction and helps prevent disputes or misunderstandings in the future.

2. Protects the Rights of the Parties: The deed of assignment outlines the rights and responsibilities of both the assignor and the assignee. It ensures that both parties understand their obligations and can seek legal recourse if the terms of the assignment are not met.

3. Third-Party Recognition: A deed of assignment can be used to demonstrate the change of ownership to third parties, such as banks, government authorities, or other stakeholders. This is particularly important when dealing with assets or properties that require registration or formal acknowledgment.

4. Contractual Assignments: In the case of contractual rights, a deed of assignment is used to transfer those rights from one party to another. This ensures that the assignee has the legal authority to enforce the rights and benefits outlined in the original contract.

It is important to consult with legal professionals to ensure that the deed of assignment complies with local laws and effectively reflects the intentions of the parties involved in the transfer. 

You can download our deed of assignment template here. 

Who Pays The Premium & Owns The Policy?

When a key person insurance policy is assigned to another entity, such as another business or investor, the responsibility for paying the premiums typically depends on the agreement between the policy owner and the assigned entity. There are a few possible scenarios:

1. Policy Owner Continues Premium Payments: In some cases, the policy owner may choose to continue paying the premiums even after assigning the policy. This arrangement may be made as part of a business partnership or investment agreement, where the assigned entity agrees to reimburse the policy owner for the premiums paid or covers the premiums directly.

2. Assigned Entity Assumes Premium Payments: In other situations, the assigned entity may take over the responsibility of paying the premiums. As part of the assignment agreement, the assigned entity agrees to pay the premiums to keep the policy in force. This could be a strategic decision to ensure that the assigned entity is financially protected in the event of the key person’s death or disability.

3. Shared Premium Payments: It is also possible for the policy owner and the assigned entity to share the premium payments. They may negotiate a mutually agreed-upon arrangement where both parties contribute a portion of the premiums. This can be beneficial when the assigned entity wishes to have a stake in the policy’s financial protection but also acknowledges the initial investment made by the policy owner.

The specifics of premium payment arrangements should be clearly outlined in the assignment documentation and agreed upon by all parties involved. It is crucial to establish a transparent understanding of the financial responsibilities to ensure the policy remains in force and the intended benefits are preserved.

It is important to note that the assignment of a key person insurance policy does not release the policy owner from the obligation to pay premiums unless specifically stated in the assignment agreement. Ultimately, the payment of premiums is contingent upon the negotiated terms between the policy owner and the assigned entity.

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