Where to start? Who to trust? How to proceed? The sale of a business is frequently a crucial phase in the life of a business person with the help of an M&A advisor.
Getting the right people from the start is the most crucial importance to guarantee the accomplishment of the project.
The notary is a leading professional to act as leader in the file. Here are some tips on the art of selling a business.
❚ THE LEGAL
The sale of a business needs the planning of various legal documents, including a letter of intent, possibly an agreement to buy or a guarantee to sell, and a sales contract. This is why the seller must surround himself with a lawyer specialized in corporate law. The recipe for a good legal adviser, a notary for example, is to know how to popularize and simplify the process for the entrepreneur who sells his business. The role of the notary becomes that of a true quarterback: he assumes leadership, masters, and validates information, coordinates the professionals involved and deals with the buyer’s representatives.
The notary is called upon to create a climate of trust with other legal, tax and accounting professionals. Its objective is to facilitate negotiation between the parties in order to conclude the transaction without risking losing the seller. The exercise can be quite complex, especially when the entrepreneur’s emotions come into play.
❚ THE NUMBERS
Accountants on both sides are also among the professionals involved. Their role is to determine the value of the company. They are often the first professionals consulted in the project, in particular to plan the tax aspects and to establish the fair market value of the business. The Seller’s accountant will provide, in a timely manner, the financial statements and other performance results requested. The buyer’s accountant will provide a second opinion. Sometimes, a broker focusing on business sales, whose job is to discover prospective buyers, succeeds in the file. If the seller can surround himself with professionals accustomed to working together, then the process is improved.
The more the business person is difﬁcult to switch within a business, the lower the selling price proposed is great for potential buyers. The entrepreneur will be asked to stay in the job longer. Mr. Robert Williamson.
Some great discussions with the lawyer will allow the seller to know the stages of the sales procedure and the role of every stakeholder. The best time to sell should be determined based on business value. Profitability, internal operations. And market conditions. The diagnosis makes it possible to know if the potential of the company is optimal and if it is ready to be sold. A great field general might even advise, if required, delaying the sale to a more positive time.
❚ LEGAL STEPS
❚ Letter of intent from the buyer or seller > This is the starting point for negotiations and the prerequisite for disclosing information about the business through M&A advisory. It signifies a promise of confidentiality and seriousness. Though, even with a letter of intention,. No customer and employee data ought to be required.
❚ The conditional purchase offer > It binds the buyer, but on several conditions: financing, performance, profitability, etc. This is the due diligence period.
❚ The sales contract > This is the culmination of the process. The agreement contains, among other things, the contracts on both sides, the occupied files, such as franchise contracts, employment contracts, financial statements, leases, etc.
❚ CONTROL OF INFORMATION
We should be ready for confirmation applications from possible purchasers while guaranteeing the control and privacy of information. Data must be presented in dribs and drabs,. From the minimum personal to the most private. When the funding condition is lifted. Fhe most sensitive information. Such as detailed lists and meetings with employees. After the buying approach and on the advice of the notary. We will discover:
- A numbers-driven business portrait or profile
- Financial statements for the last 3 or 5 years
- Lists of assets, equipment, fixed assets, and clients
- Business model of the company (strategies, know-how and policies)
- Meetings with staff and customers
The greater the ability of a company to produce sales and proﬁts, the greater its worth. From this stem most of the accounting indicators that explain the selling price. Mr. Robert Williamson.
❚ THE SALE PRICE BALANCE
For several reasons. Here are the main reasons:
- When financing is not 100% available or to spread out payments
- Deal with possible risks of unpaid taxes or lawsuits
- Keep the retailer interested in a sense that is favorable to the success of the company
- To guarantee the representations and information provided during the process