The Top Three Major Legal Mistakes to Avoid During a Sale

The business deal process can be perplexing, or, in other words the motivation behind why it bodes well to have a professional business broker help selling a business. Lawful oversights can be exorbitant errors when selling a business. A legal mix-up can likewise convey the whole deal procedure to a sudden and complete end. How about we investigate what you can do to maintain a strategic distance from these sorts of issues when selling your business.   Major Mistake 1 – You Skipped the Non-Disclosure Agreement Nothing welcomes inconvenience like avoiding the non-disclosure agreement when working with a professional business broker. In the event that an arrangement fails to work out, at that point you have the NDA backing you up. This document guarantees that the prospective purchaser doesn't tell the world that you’re selling your business. Never expect that an arrangement will complete until the point when it really is 100% finished. Purchasing or selling a business is … [Read more...]

Key Elements for Every Partnership Agreement

You ought to always remember that your partnership agreement is, actually, a standout amongst the most critical business documents you will ever sign when buying a business. Numerous individuals start a new business with friends and family, relatives or lifelong companions just to find (once it's past the point of no return) that they ought to have had a partnership agreement before buying a business together or with a professional business broker. A partnership agreement ensures everybody included and can help diminish issues that may emerge. Laying out what will occur amid various potential circumstances and occasions with your professional business broker in the legal system can enable your business to continue running easily. What Should Be in a Partnership Agreement? Each business is, obviously, unique; in any case, with that expressed, any partnership should layout, with however much clarity as could reasonably be expected, the rights and obligations of all included with … [Read more...]

The Importance of the Term Sheet

The estimation of the term sheet shouldn't be disregarded. From purchasers and merchants buying a business to guides and go-betweens, the term sheet is frequently utilized before the production of a real buy or deal understanding which can be explained by a professional business broker. That expressed, it is imperative that the term sheet is really clarified in detail. How about we investigate its significance. What is a Term Sheet? Despite the fact that term sheets are very vital, they are once in a while specified in books about the M&A procedure. In the book, Streetwise Selling Your Business by Russ Robb, a term sheet is characterized as, "Expressing a value run with an essential structure of the arrangement and regardless of whether it incorporates land." Another method for taking a gander at a term sheet, as indicated by lawyer and creator Jean Sifleet, is that a term sheet serves to reply to four key inquiries: Who? What? Where? Furthermore, How Much? Making the … [Read more...]

Keys to a Successful Closing

The closing is the formal transfer of a business. It usually also represents the successful culmination of many months of hard work, extensive negotiations, lots of give and take, and ultimately a satisfactory meeting of the minds. The document governing the closing is the Purchase and Sale Agreement. It generally covers the following: • A description of the transaction – Is it a stock or asset sale? • Terms of the agreement – This covers the price and terms and how it is to be paid. It should also include the status of any management that will remain with the business. • Representations and Warranties – These are usually negotiated after the Letter of Intent is agreed upon. Both buyer and seller want protection from any misrepresentations. The warranties provide assurances that everything is as represented. • Conditions and Covenants – These include non-competes and agreements to do or not to do certain things. There are four key steps that must be undertaken before the … [Read more...]

Happy Employees Can Increase Profits…and Value

Happy employees mean happy customers and clients. An unhappy employee can mean loss of business or worse. How does a business owner create happy and contented employees? It all starts with the hiring process – hiring positive people to start with certainly helps. Offering as many benefits as your business can afford is also a plus. However, one of the big keys is simply for the business owner to treat employees well, and appreciate their contributions. Some owners expect their employees to have the same dedication to the business as they do. They are not owners and don't have the same privileges as an owner does. In most cases, the business is an owner's life, whereas the employee has a life outside of the business. It is important that the owner understands this difference. In the long run, positive and happy owners have happy employees. But if being a good role model doesn't do the job with workers who remain negative, your only recourse is to get rid of them. Reward your … [Read more...]

Take a Look at Your Lease

If your business is not location-sensitive, that is, if your business location is immaterial to its success, then the following may not be important. However, lease information is usually helpful no matter what the situation. The business owner whose business is very dependent on its current location should certainly read on. If your business is location-sensitive, which is almost always true for a restaurant, a retail operation, or, in fact, any business that depends on customers finding you (or coming upon you, as is often the case with a well-located gift shop) – the lease is critical. It may be too late if you already have executed it, but the following might be helpful in your next lease negotiation. Obviously, a very important factor is the length of the lease, usually the longer the better. If the property ever becomes available – do whatever it takes to purchase it. However, if you are negotiating a lease for a new business, you might want to make sure you can get out of … [Read more...]

Valuing the Business: Some Difficult Issues

Business valuations are almost always difficult and often complex. A valuation is also frequently subject to the judgment of the person conducting it. In addition, the person conducting the valuation must assume that the information furnished to him or her is accurate. Here are some issues that must be considered when arriving at a value for the business: Product Diversity – Firms with just a single product or service are subject to a much greater risk than multiproduct firms. Customer Concentration – Many small companies have just one or two major customers or clients; losing one would be a major issue. Intangible Assets – Patents, trademarks and copyrights can be important assets, but are very difficult to value. Critical Supply Sources – If a firm uses just a single supplier to obtain a low-cost competitive edge, that competitive edge is more subject to change; or if the supplier is in a foreign country, the supply is more at risk for delivery interruption. ESOP … [Read more...]

Is Your “Normalized” P&L Statement Normal?

Normalized Financial Statements – Statements that have been adjusted for items not representative of the current status of the business. Normalizing statements could include such adjustments as a non-recurring event, such as attorney fees expended in litigation. Another non-recurring event might be a plant closing or adjustments of abnormal depreciation. Sometimes, owner's compensation and benefits need to be restated to reflect a competitive market value. Privately held companies, when tax time comes around, want to show as little profit as possible. However, when it comes time to borrow money or sell the business, they want to show just the opposite. Lenders and prospective acquirers want to see a strong bottom line. The best way to do this is to normalize, or recast, the profit and loss statement. The figures added back to the profit and loss statement are usually termed “add backs.” They are adjustments added back to the statement to increase the profit of the company. For … [Read more...]

Why Do Deals Fall Apart?

In various cases, the Buyer and Seller reach a tentative agreement on selling or buying a business, only to have it fall apart. While there are countless reasons this happens, and once those elements are understood, majority of the worst “deal-smashers” can be avoided. The key word is, “Understanding”. Both parties precondition themselves to develop an awareness of what the sale involves-and such awareness should include dealing with potential issues before the issues become too large and “sink” the sale of the business. What prevents a sale from closing successfully? A study of business brokers all across the United States showed many similar reasons that were cited often that a pattern of causality began to surface. Below the following, there’s an assortment of scenarios and factors each affecting selling the business. The Seller Fails to Reveal Problems During the times a Seller isn’t up-front about certain issues of their business, this doesn’t equate to the problems of … [Read more...]