A common mistake that many make when preparing to buy or sell a business is to overlook all the various legal issues involved. A legal mistake can bring the entire process to a screeching halt or even worse case cost you a small fortune. For this reason, it is important to carefully evaluate the full slate of relevant legalities. This article will explore some of the key legal points one need to consider long before placing your business on the market. Mistake #1 Neglecting to Have a Non-Disclosue Agreement Having potential buyers sign a Non-Disclosure Agreement, or NDA, is critically important when selling your business. One benefit to having this agreement signed and sealed is that in the event that the deal falls through, which often happens, the buyer can't disclose the details to other parties. However, if you don't have an NDA, the buyer could reveal important aspects of your discussions. This could impact any future sales. Mistake #2 Failing to Get an Experienced … [Read more...]
Archives for November 2016
5 Things to Consider When Transferring Your Business to Family Members
Letting go of a business isn't a process that one should jump into lightly, and that fact holds true even when it comes to your loved ones. Let's take a look at five of the most important factors to consider when selling or transferring a business to a family member. #1 The All-Important Buy-Sell Agreement One of the single most valuable tools available when it comes to selling your business is a buy-sell agreement. Simply stated, this essential document puts everything in writing. In situations such as a family owned business, people may be tempted to skip a contract, but that doesn't mean they should. When transferring your business, you should have an expert created document in place that outlines the following: The business valuation Who is to be kept on the payroll and the amount he or she will receive The amount being paid What level of involvement you will have in the business once the transfer has taken place #2 The Benefits of Gifting Consider the option of gifting. … [Read more...]