Business purchases and sales

If you are the purchaser, due diligence is an integral part of your purchase. This is the investigation of the business for sale and the seller to minimise the purchaser’s risks.  Due diligence generally involves verifying the banking and financial position of the business, valuing the business, reviewing the important contracts associated with the business, verifying the corporate ownership structure, verifying the ownership of business assets including information technology and intellectual property rights, verifying the employees and suppliers, investigating any legal proceedings involving the business, and verifying its compliance with regulatory requirements. You usually do due diligence after you have negotiated contract terms, but prior to signing the sale of business contract. We can assist you to complete your due diligence. We advise and represent clients in the due diligence process.

The purchase of shares raises different risks and offers different benefits to the purchase of the business assets but not the shares. We can assist you to define exactly which assets and liabilities you are buying or selling, explain the risks and benefits and advise you on your options.

The goodwill of a business could also be described as its reputation. It is an intangible and unique asset enabling the business to retain its existing customers and to attract new ones. Goodwill typically comprises the business name, intellectual property, customer lists and the like. When purchasing a business, the seller is selling, and the buyer is buying the goodwill as well, usually, as the business’ tangible assets, such as its equipment and stock.

Your business may need to raise capital. Borrowing money is the most common method, known as debt capital. Selling part of your business in return for the capital is another common method, known as equity capital. Raising equity capital is more complicated and regulated. We can assist you to raise debt capital and equity capital.