Preeminent North Carolina Lawyers Advise on Buying/Selling a Business
Close, personal attention for business owners and entrepreneurs
Buying or selling a business can be a highly speculative venture, but both sides of the transaction are looking for the same thing: value. Howard Stallings can take much of the uncertainty out of the transaction. Our experienced business attorneys guide you carefully, step by step, so that you can buy or sell a business with confidence.
Resolving issues throughout the acquisition process
The sale or acquisition of an existing business presents real risks and challenges for those on either side. The sale process varies based on the corporate structure and ownership arrangement of the business and on the type of consideration the purchase offers. Both parties engage in substantial due diligence so that there are no surprises regarding what’s being bought and the terms for payment. Numerous legal issues arise that require knowledgeable counsel, including
- Nondisclosure agreements — The parties to the sale must share a substantial amount of nonpublic information, so a nondisclosure agreement should be in place before negotiations begin. Our lawyers draft, review, and negotiate such agreements.
- Deal terms — The basic structure of the deal can include amounts and types of compensation to be paid, the assets and liabilities that transfer with the entity, such as cash and stocks; and the process by which the entity is to be acquired, such as merger or acquisition; and the schedule by which to proceed.
- Tax issues — All business transfers, regardless of form, have serious state and federal tax implications. Be sure to consult your accountant as well as your lawyer on any business transfer.
- Regulatory clearance — Acquisitions raise a variety of regulatory compliance issues, from antitrust concerns to the environment. Always consult qualified counsel.
- Closing — Attorneys must memorialize the agreement in minute detail, accounting for every conceivable contingency, including default and termination provisions. An attorney must oversee the execution of closing documents and the transfer of assets and funds.
The acquisition of a small one-owner operation is typically less complex than a merger with a 500-employee largely held corporation. However, the attorneys at Howard Stallings have the experience to handle sales of any size.
Get professional guidance for buying or selling a business in Raleigh, New Bern, or Morehead City, NC
In North Carolina, Howard Stallings is known for providing business buyers and sellers with trusted advice. Our attorneys will work closely with you to make your transaction go as smoothly as possible. To speak with an experienced attorney today, contact us online or call 919-821-7700.