Buying a business - risk – key commercial requirements – business structure – due diligence – negotiation – sale and purchase agreement – price – commercial leasing of premises – business loans
Selling a business – preparing pre-sale documents for due diligence – negotiation – sale and purchase agreement – commercial lease of premises – business loan repayments
Being in business is a challenge.
“If you are not in business for fun and profit, what the hell are you doing there?” (Robert Townsend in “Up the Organisation”).
Before deciding to buy or sell a business, you need legal advice to help you minimise legal risks.
Whether you are a sole trader, a small, medium or large business, we can provide legal advice to help you set up,
to operate your business in a commercial environment and to exit when the time comes.
When purchasing, we can help with your decision as to whether the acquisition meets key commercial requirements, with your negotiations and with the commercial documentation required to complete your purchase.
When selling, we can assist with the pre-sale due diligence process so that potential purchasers have needed information about your business and to attend to the business transactions necessary to complete your sale.
Seek advice from us early. There are serious risks with not discussing legal issues prior to committing to a purchase, a sale or a lease of commercial premises.
We can highlight any potential issues before they become problems.
When buying a business
we can assist you with your negotiations and manage the business purchase process.
This may well include a detailed perusal of the written sale and purchase agreement presented to you or we can draft one for you.
We can negotiate and add further terms and conditions, advise you how to structure the transaction, assist you with your due diligence investigation before you purchase,
discuss what makes up the purchase price, including the real value of stock and plant, what goodwill represents.
We can assist with the commercial leasing of your business premises, the legal obligations you have to any employees, any restraint of trade on the seller.
We can liaise with your lender, accountant, other specialists and advisors, any tenants and body corporates.
When selling a business
When selling a business much the same process is involved, with particular attention to having all pre-sale documents ready for potential purchasers, both for the business itself and any commercial premises in which the business is operating.
We can assist with business structuring, whether as a sole trader, a limited liability company,a partnership or a joint venture.
We can prepare shareholder agreements, individual company constitutions, attend to business borrowing, personal property security agreements, partnerships, joint venture agreements, franchise agreements, commercial agreements and documents.
Brian Geary is an experienced commercial and property lawyer. He has a collaborative working relationship with chosen Lawyers in Wellington.
He can bring both his and their wealth of commercial experience to assist you, here on the Kapiti Coast where he now lives and practises.