Rayners Lawyers can assist you with all elements of your business sale and purchase. We strongly suggest that you speak to us in the early stages of buying, selling, merging or restructuring your business for the following reasons:
- we can assist with the preparation of a ‘Heads of Agreement’ to lock in a binding agreement on key terms, which allows the details to be documented subsequently;
- we can assist with due diligence; and
- we can assist you in your negotiations.
Due Diligence
People always talk about ‘due diligence’ but you might wonder how relevant it is and to what extent it applies when you are looking to buy a business. Due diligence is relevant to both vendors and purchasers and typically includes a review of:
- corporate structure and governance documents;
- regulatory licences;
- permits and approvals;
- material contracts;
- employment records;
- asset condition reports;
- finance agreements;
- commercial leases and real property documents;
- active litigation;
- insurance documentation;
- public searches of corporate data; and
- intellectual property.
For purchasers, in particular, questions to canvass with your nominated accountant or financial advisor include:
- do the current values of the assets align with the price?
- are the profits adequate for the type of business being sold?
- have proper financial records been maintained?
- are sales and profits expanding or declining?
- are the level of overheads sustainable?
- is stock readily available?
- are key personnel, including employees, secured to the business?
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