There are many
different items to consider
if you
are thinking about selling your
business
and retiring or semi-retiring.
Your
business provides you with a
living
and a place to put your energy each
day. Are
you ready and prepared to give
this up?
Listed below are a number of
items to
be considered in selling your
business.
Going for the Big Bucks
1. What will you need to live on after the business is sold? This will
help you focus on how much you need to receive from the sale of the
business.
2. Are you going to sell assets or shares of the company if it is
incorporated? Generally, the seller wants to sell shares and the buyer wants
to buy assets. This difference often leads to a compromise on price.
3. What is the company selling, what does it own? You need to determine
what assets will be sold and what you want to remove before the business
sells.
4. How much do you want for the business? This will be determined by the
fair market value of assets held (the goodwill which is generally based on
the sales and net income), and the market (how many willing buyers are
available).
5. Generally, the seller will propose a price and the buyer will agree or
prepare a counter offer. It is up to the purchaser to have the purchase
document prepared by their lawyer.
6. Any areas where personal guarantees have been given should be
withdrawn prior to the new owners taking over.
7. Signing authorities on bank accounts should be removed and financers
and suppliers made aware of the change.
8. It will have to be determined who will be responsible for any accounts
receivable, prepaids,
accounts payable, corporate taxes, and debts up to the change of control.
9. If there is a sale of shares there will be a change of control as of
the date of sale and a new fiscal year end occurs requiring a corporate tax
return. It should be determined who is responsible for this. Generally, it
is the previous owners. Completion dates for a sale should always be month
end. Responsibility for maintaining old records must also be determined.
10. Any preauthorized payments should be reviewed and cancelled, if
appropriate.
11. All leases should be reviewed to determine if they are transferable to
the new owners.
12. Any other contractual agreements should be reviewed to determine if
they need to be changed.
13 Often employees are laid off and the new owners hire the employees they
desire. Notice may need to be given in order to avoid large severance
payouts.
14. Any life insurance payable to the company should be reviewed and
changed as required.
15. It is not uncommon for a sale to involve financing by the vendor. If
you are financing all or part of the sale the security you get and the time
frame for receipt of funds is very important.
16. Contacts for GST, PST, WCB, source deductions, income tax, and any
other regulatory bodies should be changed.
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