Selling Your Business – Ask Yourself These Questions First

Ensuring Corporate Documents' Enforceability - What to Know

09/08/2021

After deliberating your fiscal matters and planning your next steps, you’ve decided that it’s in your best interest to sell your business. It may be a difficult idea to accept because of how much time and effort you’ve put into building your business from the ground up, but there will come a time when it’s best to head in another direction. 

And because putting your company together entailed much preparation and research, it’s best to expect that selling it sings the same tune. Especially because the process involves keeping all types of legalities in order.

Why Should You Sell Your Business?

When it comes to deciding whether or not it’s the best idea to sell your company, there are a few things you should consider. Once a company has been established and is shown to be profitable and sustainable, a business owner can offload it for the following reasons: 

  • The business is no longer profitable for them,  or the efforts needed to maintain profitability are far beyond their capabilities;
  • Larger court orders, such as those wherein the business is being terminated due to a legal violation;
  • The original owner or operator can no longer be involved with the business;
  • It would be a better investment to sell the business.

What Legal Considerations Should You Account For?

There are many legal considerations to think about when selling your business. Taking this into mind, you must take time with each step to ensure it’s done correctly so that you have a smooth experience from start to finish.

To help you keep a keen eye on the legality of your selling process, here are a few key questions that you need to ask yourself: 

1. What Does the Sale or Transfer of the Business Include?

Whenever a business is sold, both buying and selling parties must agree on assets that will be transferred. This will lead to a formal establishment of contract components. However, it is worth noting that asking this question can trigger disputes between both parties because of sudden or unexpected changes. 

If you’re unsure of what you need to discuss with a potential buyer, you should know about the various elements of a business that can be sold or transferred. Here’s a checklist of the most commonly deliberated matters and inclusions that you should go over one by one: 

  • The business name
  • Client lists and client information
  • Any assets the business owns
  • Any plant or equipment used by the business
  • Any contracts to which the business is a party, including leases, distribution agreements and client agreements
  • Business contact details

2. What’s the Best Sale Price?

Apart from inclusions in ownership transfers, another key point of consideration is their sale price. As the most vital item to be negotiated by both buying and selling parties, the overall price of a business should be considered thoroughly to ensure that advantages are mutual. 

When determining how much you’re willing to part with the fruits of your labour for, you must ensure that it encompasses goodwill, plant, or equipment and specifies such. 

3. Should I Include a Restraint Clause?

Thanks to Australian law, business owners can include a Restraint of Trade document, which is instrumental in providing your buyer with peace of mind. With this document, you must ensure that you won’t operate a similar business to your formerly-owned company within a specific geographical boundary, time limit, or both.

Admittedly, understanding all these key concepts can be a rather complicated effort because of all the research and preparation involved. Fortunately, you can always enlist the services of a business law expert like GLG Legal to help you out!

Conclusion

The process of selling a business can prove to be one of the most momentous decisions that anyone can undertake in their lifetime because it signals a new chapter in life. If you’re pondering this possibility of following the same path, answering these questions will help ensure the smoothest sale process possible! 

GLG Legal is a legal firm in Brisbane specialising in servicing commercial law, brand protection, and corporate law needs of Australian businesses and entities. Get in touch with us today to learn more about how we can help!

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