Sale and Acquisition of Business in Columbus, GA

Asset Sales v. Stock Sales

Before you buy or sell a business, you will need to determine what, exactly, is for sale. Not only will you need to decide what the business is worth based on its current and future success, but you will also have to choose between the shares and assets of the company.

When a buyer purchases the shares of a company, the company’s original shareholders yield their shares in the company to the buyer. When a buyer purchases the assets of a company, the company sells bits of the company (assets and liabilities) to the buyer.

Think of a share sale as acquiring a company “warts and all” and a business sale as “cherry-picking” which assets, liabilities, and obligations are valuable and for sale.

Both options have pros and cons, and the type of transaction you choose will ultimately depend on your goals when buying or selling a business. In any case, the buyer and seller will have to work hard to market, negotiate, and close the business transaction.

Find out how to achieve your goals with our small business lawyers.

What Is Due Diligence?

In any big purchase you make, doing your due diligence is important. Another way to think about doing due diligence is as doing your homework or researching. The term “due diligence” refers to the investigation and caution businesses and businesspeople take before entering into a contract or agreement with another party.

During a business acquisition, you will want to consider:

• Market comparison
• Business growth
• Historical performance
• Intellectual property (IP)
• Proprietary technology
• Valuations and appraisals
• Strengths and weaknesses of the company
• The type and number of potential buyers
• Insurance policies and other contracts
• Third parties that may be involved
• And more

If you are buying a business, your lawyers will request in-depth information from the seller. If you are selling a business, you should hire an attorney to help compile this information. Presenting businesses correctly is the key to protecting both buyers’ and sellers’ best interests.

Our Columbus sales and acquisitions lawyers are here to help!

How Long Will the Transaction Take?

According to Forbes, most sales and acquisitions take 4 to 6 months to complete. Like many other parts of the process, the length of the transaction will depend on both the buyer and the seller. If the buyer wants to purchase the company quickly because of multiple bidders or any other reason, the process might move faster, but if the buyer wants to take time with their decision, the opposite will be true.

Transactions may also be more complex if the seller wants to conduct a partial sale and stay involved with the company or if the buyer wants to pick and choose which assets and liabilities to purchase.

No matter your goals, a good legal team can make your transaction more efficient and less stressful.

Poydasheff & Sowers, LLC provides personalized solutions for each buyer and seller we help. We are dedicated to great results and committed to each and every client.

Find out why we are respected among our clients and peers alike — call us at (706) 705-5777 or contact us online to schedule your consultation today.