Selling a Business

News & Analysis as of

Addressing Tax Liabilities In A Business Sale An Important Task

When a business owner is working on selling his or her business, there is a lot of planning that goes into the process. One important aspect of selling a business is to work out a tax strategy. In any business sale, potential...more

Court Of Chancery Confirms Jurisdiction Over Escrows

There are often disputes over funds held in escrow under earn out or indemnification provisions in various deals. This decision confirms that the Court of Chancery will take jurisdiction over a suit seeking specific...more

Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -...more

Australia Tax Alert: Exposure Draft On Tax Treatment Of Earnouts

The Government Has Released The Long Awaited Exposure Draft With Changes To The Tax Treatment Of Earnout Arrangements. It Is Common For The Buyers And Sellers Of A Business To Include Provisions Which Either Increase Or...more

Selling the Business to Divide the Assets, Part 1

This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse...more

Are Restrictive Covenants in Sale Agreements Enforceable?

The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45)....more

What to Consider Before Buying a Business

Buying an existing business can be exhilarating and frightening all at once. It is important to find out as much about the business, its operations and finances as possible before purchase. Typical asset purchase agreements...more

Asset vs. Stock Sales 101: The Very Basics

The purchase and sale of a business can be a daunting task; it often involves many unfamiliar issues, even to an experienced business owner or a potential buyer. One issue that is important to address early on is what, in...more

Is an Economic Downturn a Good Time to Sell Your Business?

It may be counter intuitive, but selling your business during an economic downturn could be advantageous. That is, if it is done properly....more

Selling Your Private Business

In a recent article in the Globe and Mail, “Why You Shouldn’t Hire a Real Estate Agent to Sell Your Business”, Chris Griffiths discusses why selling an operating company can be complex and beyond the expertise of a real...more

Converting Reputation Into Serious Money

In my previous blog post, I argued that reputation, if converted into brands/trademarks, can be the most valuable asset for a company. While all companies claim to have “brand”, typically the company’s name but it is mostly...more

What Buyers Really Buy

In my last blog post, I discussed the importance of making your company attractive to buyers because the need/desire to exit can arise quickly and without warning. In order to make your company attractive to buyers, you must...more

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