Business Sales & Purchases

No matter what industry you are in, whether the business is a sole trader, a company or a partnership, or whether it is small or large, you need to protect yourself and your assets. If you are considering buying a business or selling an established operation, you can almost certainly do with some solid, reliable legal advice and support from an expert. Alongside the advice of your accountants and professional advisors, it is vital to secure the assistance of a lawyer as early as possible into the proceedings.

Call me to discuss your specific requirements. I’m available at short notice or long term assignments.

Business Sales & Purchases

No matter what industry you are in, whether the business is a sole tradership, a company or a partnership, or whether it is small or large, you need to protect yourself and your assets. If you are considering buying a business or selling an established operation, you can almost certainly do with some solid, reliable legal advice and support from an expert. Alongside the advice of your accountants and professional advisors, it is vital to secure the assistance of a lawyer as early as possible into the proceedings.

Our Services

My Approach to Business Sales and Purchases

My main focus is to make sure you are fully aware and informed of the law and your position throughout the sales process.

When you are buying a business, I offer specific advice on topics like:

Structuring or restructuring the business after sale. I can assist with company formation and the drafting of Partnership Agreements, for example.
Assuming responsibility for the employment of workers or staff, and a full understanding of the rights they may have accrued due to length of service or via contract provisions.
Investigation of the business, due diligence, and fully briefing you on our findings.
Ensuring that you are protected by the appropriate contractual indemnities and warranties.
Drafting any necessary covenants preventing the seller form operating a competing business within a specific geographical region and length of time.

When you client is selling a business, I can support them by:

Making sure they fully understand the warranties and indemnities the buyer is asking they to make.
Prepare detailed replies to all of the inquiries the buyer’s solicitor is sure to make.
Draft the final contract of sale for them, and make sure it reflects the transaction structure they require
need, including any clauses professional advisors feel they need.

Our main focus is to make sure you are fully aware and informed of the law and your position throughout the sales process.

When you are buying a business, we offer specific advice on topics like:

Structuring or restructuring the business after sale. We can assist with company formation and the drafting of Partnership Agreements, for example.
Assuming responsibility for the employment of workers or staff, and a full understanding of the rights they may have accrued due to length of service or via contract provisions.
Investigation of the business, due diligence, and fully briefing you on our findings.
Ensuring that you are protected by the appropriate contractual indemnities and warranties.
Drafting any necessary covenants preventing the seller form operating a competing business within a specific geographical region and length of time.

When you are selling a business, we can support you by:

Making sure you fully understand the warranties and indemnities the buyer is asking you to make.
Prepare detailed replies to all of the inquiries the buyer’s solicitor is sure to make.
Draft the final contract of sale for you, and make sure it reflects the transaction structure you
need, including any clauses your other professional advisors feel you need.

Things to consider when buying or Selling a Business

The purchase or sale of a business can be a complex task. A business consists of many different types of assets, and not all of them are the kind you can hold in your hand or point to on a printout. We make sure you understand exactly what is being bought and sold. We also take the time to usher you through every stage of the transaction, from negotiating favorable terms to legal due diligence and making sure the transaction doesn’t fall through on some technicality.

For example, if you opt to transfer the business by asset purchase rather than share purchase, you are only buying or selling the assets (and liabilities) specifically addressed in the agreement on the face of it. But ‘TUPE’ regulations will automatically transfer the contracts of the company’s employees to the new owner. We can help you ensure that you are in full compliance with these, and all other relevant regulations.

Legal Guidance Tailored to the Needs of Your Business

Each business sale is unique. In order for everything to go well for you, you need to secure reliable legal and accounting advice before you agree to the deal. We have extensive experience with business sales and related transactions. That gives us the understanding we need to ensure that you are fully informed at every stage of the proceedings, and that you are fully protected from beginning to end.

Asset Purchase Agreement

I can help your clients by drafting the asset purchase agreement which will be the backbone of the transfer. Such an agreement would have to include, at a minimum:

A full and complete list of the assets being sold
The price agreed
How that price will be paid, and how or whether any of the payment might be deferred
A complete accounting of the seller’s warranties
Any limitations on the seller’s liability, should those warranties be breached
The full obligations of both buyer and seller, both before and after the transfer
A plan for apportioning both income and expenses of the business before and after the transfer
A plan for dealing with defective or returned products or services which may come to light after the transfer
A plan for any debts payable to the business after the transfer
The transfer of employment under the TUPE regulations
Specific restrictions on the seller for competing with the business after the transfer

In addition, we can offer advice and support on related matters beyond the business sale itself, including:

Breach of contract
Breach of fiduciary duty
Business torts
Deceptive trade practices
Covenants not to compete
Partnership disputes
Unfair competition
Fraud
Fraudulent transfer
Tortious interference

Get In Touch

I am here to help. You can expect a response within 24 hours or less. Plus, you can find most answers to your questions right here on the FAQ page.

Business Hours

Mon: 8:00 am – 7:00 pm
Tue: 8:00 am – 7:00 pm
Wed: 8:00 am – 7:00 pm
Thu: 8:00 am – 7:00 pm
Fri: 8:00 am – 7:00 pm
Sat: 8:00 am – 7:00 pm
Sun: 8:00 am – 7:00 pm