Buying or selling your Business

If a business is designed to be an investment it should also be designed to be realised. This usually occurs through a sale, and the two most common ways to sell a business are a sale of the business assets or a sale of the shares/units in the entity that owns the business. Apart from buying or selling a house, buying or selling a business is the next most significant transaction a person can undertake.

Selling a business that you have worked hard to build can be a stressful and emotional process. We understand the importance of ensuring you are protected, that you understand the detail of the transaction, and that all parties work towards the successful outcome of the transaction.

We work with your accountants and tax advisers to identify and deliver the most appropriate structure for the sale, taking into consideration the tax consequences of each transaction, the desired timeline, the extent of third party consents and your risk appetite.

Sale or purchase of business

Buying or selling a business is the process of transferring some or all business assets from the current owner to the buyer. BAL can assist with all stages of the process, from preparing the non-disclosure agreement to protect the confidentiality of the information shared between a seller and buyer, undertaking or facilitating the due diligence on the business, negotiating the terms of the transaction and effecting the transaction.

We will work closely with you to ensure a smooth transaction, collaborating with you and your advisers to ensure all relevant assets are considered for a streamlined process.

Sale or purchase of shares

We can assist with all aspects of the purchase and sale of shares. A sale of shares occurs when the underlying business owner (a shareholder) sells the shares it owns in the company that operates a business. In a sale of shares the business assets, the contracts and the employees do not transfer to the buyer – they continue with the company. Similar sales are the sale of units in a unit trust, or the sale of a ‘partnership share’ in a partnership.

BAL can assist you with all stages of selling shares or units, from preparing the non-disclosure agreement to protect the confidentiality of the information shared between a seller and buyer, undertaking or facilitating the due diligence on the company and the business, negotiating the terms of the transaction and effecting the transaction (including notifications of the change of control to ASIC).

Succession planning

Would your business be ready to deal with the resignation, retirement, illness or death of a party in the business? Every business should have a business succession plan to ensure that unforeseen circumstances do not spell the end of the road for your business. If the right structures and mechanisms are not in place, the retirement, illness or death of a party can have disastrous impacts.

A business succession plan involves business owners and other interested parties agreeing on a strategy for the smooth transition through changes in circumstances. It provides a level of certainty for stakeholders and their families and minimises the potential for conflict and overall disruption. Our dedicated team will work with you to develop a business succession plan that is realistic and achievable.