| Every transaction
involving the sale/purchase of a business is different but the following
points may assist when considering the sale or purchase of a business:-
Are there key staff and/or customers essential to the success
of the business - how will they react to the sale? Are employment
contracts or supply agreements in place?
Are full accounts
for the last few years available - buyers should get these professionally
inspected.
Is the business equipment included in the sale - is it
owned or leased?
If the business is sold as a going concern the
buyers will usually have to take on the employees.
If the transaction involves business premises, are they freehold
or leasehold? Click here to go to our
commercial property page.
Are any special
licenses required eg. a liquor licence - what is required to obtain
these licences?
Buyers need to consider whether to buy as a sole
trader/partnership or through a company. Do you know what the differences
are?
Is the business currently owned by a company? If so, is the
company being sold or simply some of its assets?
Buyers - Is it
essential to the sale that the Sellers agree not to compete in the
locality?
How is the price to be split between premises, equipment
and goodwill - what are the tax implications of such a split?
What
are the VAT implications of the transaction - usually none if sold
as a "going concern" but there are traps for the unwary.
A significant number of business sales collapse because the
Buyers cannot get the required finance. Buyers should organise
their finance as soon as possible.
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