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Selling Your Company. This is a good spot to start if you are thinking about selling your business. The very first question someone might wish to ask you is – “have you thought this through? ” The first query you would wish to ask yourself is “how much can I get for the company? The answer to your question is determined by how well you have thought it through because there are pitfalls. This will introduce some early fundamental pitfalls that will not just change the sale price, but also whether you may sell the business at all. You must first assess exactly what you are selling. Is your business a sole trader whereby all the assets, liabilities and the company name are in your name?
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Is this a partnership – Are partners involved have a monetary interest who will need to approve the deal? Is it a private limited company – Is there other investors to take into account and are all willing to sell?
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In some cases, one would wish to sell a public limited company – In which case you can get all stockholders to sell and are there any special interests to put into consideration? In each event, there are issues to address from the beginning which can stop a sale in its tracks and send the buyer running. If intending to sell a sole-trader business, you will need to be careful of implied warranties. These may include undocumented assumptions, which the buyer might be making. One clear one is that the company can continue being functional even after the owner has already sold up and left. If this happens not to be the case, then in some situations the purchaser of the company might have the ability to claim the entire value of the sale back from the vendor personally, while holding onto the company. Therefore, it is vital to be well-prepared. Where partnerships and private companies are involved, the critical issue is understanding: are all stockholders entirely in agreement since a change in mind in the course of the sale will stop the process. There are specific individual concerns which should be addressed where partnerships and private companies are involved, which will likely need a lawyer. To some extent, a deal involving a public company is much easier, but it also depends on how much of the business the client wants to acquire. If this is 100 %, then prior agreement of most shareholders will be a necessity, but this has to be done carefully to prevent accusations of insider trading and share value distortions. Unscrupulous customers may want to take advantage or intentionally support, disarray the seller’s team to push the company to the edge so as to reduce its market value or force a liquidation to their advantage. Agreement of all selling parties is thus essential clearly lay out the value of the business and the minimum price that can be acceptable.