Handle The Process
Correctly
This step involves
screening all interested purchasers for your business, having them
sign confidentiality agreements, showing them the relevant
information about your business, getting offers on your business and
negotiating these offers into confirmed sales.
Offer and Acceptance - Agreement
An offer will typically include the price and terms being offered,
the sale structure, a settlement date, contingencies and conditions
of a sale.
Terms and conditions presented in any offer may outline the method
of payment, scope and length of an agreement, training terms,
identification and condition of assets being acquired,
identification of liabilities to be assumed, any seller warranties,
and other transaction details. Contingencies will detail all action
items needing completion prior to a sale. Verification of financial
information (due diligence); satisfactory equipment inspections;
satisfactory lease transfer arrangements; compliance with licensing
and regulatory bodies' requirements; financing approval; solicitor
review of leases and contracts are all common sale conditions.
Contingencies will often be tied to completion dates.
An offer may be accepted, rejected, or modified and presented back
to the purchaser as a counter-offer. Until agreement is reached by
both parties, either party may withdraw their proposal. In
considering an offer, be sure to evaluate the purchaser’s
qualifications, financial position, and method of securing any
payments to be made. A good price from a risky purchaser may not be
the best solution.
Due Diligence
The time between signing of an agreement and finalising a sale can
be the trickiest. “Due Diligence” is typically the first item that
follows. A purchaser may have his accountant or solicitor assist to
perform due diligence. This may include a review to verify the
financial and operational information supplied by the seller.
Helpful Hints
Do not allow in depth due diligence to be performed until an
agreement has been reached.
Have a clear time frame encompassing the due diligence process. A
time frame in which necessary information will be provided, and a
time frame in which due diligence will be completed, keeps a
transaction moving in a forward motion.
Do not move on to other contingencies involving third parties (lease
transfer arrangements, supplier transfer agreements, etc.), until
the due diligence contingency has been removed.
Call us at 09 630 1600, toll free on
0800 180 222, visit our website
www.abcbusiness.co.nz or email Managing Director Steve Smith (AREINZ)
on
steves@abcbusiness.co.nz |