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Key Considerations for Selling Your Business

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By Chris Andary

As a Commercial Lawyer, I frequently assist clients who are contemplating the sale of their businesses. The process of selling a business can be intricate, necessitating comprehensive knowledge and preparation. In this article, I am going to share ten simple tips to guide you through the process of selling your business efficiently and effectively:

  1. Strategic Planning:

Selling a business demands meticulous strategic planning. Initiate the process by outlining your objectives, establishing realistic timelines, and determining your preferred sale price. A well-defined plan will serve as your compass, enabling you to make informed decisions at every juncture.

  1. Engage Professional Counsel:

Engaging the services of an experienced solicitor specialising in business sales or commercial law is paramount. A solicitor will deftly navigate the legal intricacies, diligently review contracts, and facilitate a seamless transaction.

  1. Financial Recordkeeping:

Prospective buyers will scrupulously examine your financial records; therefore, it is imperative to ensure their accuracy. Organise your financial statements, tax returns, and other pertinent documents meticulously to provide a comprehensive overview of your business’s financial health. Buyer’s will likely want to view at least 3 years’ worth of financial records, so ensure these accurately reflect the financial position and growth of your business.

  1. Accurate Business Valuation:

Determining the appropriate asking price for your business is pivotal. Collaborate with a business valuer or a qualified accountant to objectively assess its value. Overpricing or undervaluing can deter potential buyers or result in a loss on your part.

  1. Enhancing Business Appeal:

Maximise the appeal of your business to prospective buyers. Prioritise the maintenance of your premises, streamline operations, and concentrate on bolstering profitability before for at least 12 months before listing your business for sale.

  1. Confidentiality:

Maintaining strict confidentiality throughout the sale process is paramount to safeguarding your business’s interests. Disclose sensitive information solely to serious buyers who have executed a non-disclosure agreement (NDA). Additionally, it is prudent to avoid informing your staff about your intention to sell, as this knowledge may trigger a significant staff turnover that could impact the smooth functioning of your operations.

  1. Engage a Business Broker (if applicable):

Depending on your business’s size and nature, consider enlisting the services of a reputable business broker to facilitate finding potential buyers and navigating negotiations. Their involvement can alleviate some of the burdens associated with the process.

  1. Comprehensive Contractual Compliance:

Work closely with your solicitor to ensure meticulous preparation and review of all essential contracts and legal documents. This encompasses sale agreements, warranties, leases, licenses, and any other pertinent documentation. It is crucial to verify that the remaining lease term is sufficient for a prospective purchaser; otherwise, negotiating a lease extension with the Landlord may be necessary to enhance investor appeal.

  1. Rigorous Due Diligence:

Buyers will conduct extensive due diligence to assess the risks and potential of your business. Be prepared to furnish accurate information, promptly address inquiries, and mitigate any concerns that may arise during this phase.

  1. Focus and Effective Communication:

The sale of a business can be a time-consuming and emotionally taxing process. Maintain unwavering focus on your objectives, foster open lines of communication with your solicitor, and be prepared for negotiations and potential obstacles along the way. Keep an open mind.

Selling a business represents a significant decision requiring much deliberation and expert guidance. By adhering to these ten invaluable tips, you can enhance the likelihood of a successful sale and ensure a seamless transition for both yourself and the buyer.

At McCarthy Durie Lawyers, our commercial department are committed to providing comprehensive legal assistance throughout the business sale process. Should you have any queries or require professional advice, please do not hesitate to contact our team.

We have assembled a highly experienced, capable team of legal practitioners, committed to delivering you expertise across all legal services. Find your local office: