Essential guidance
Key things to consider.
Proven experience negotiating business acquisitions and disposals
Understanding of deal structures (asset sale, share purchase, merger)
Knowledge of tax-efficient transaction structuring
Expertise in due diligence investigation and warranty negotiation
Familiarity with TUPE (Transfer of Undertakings) compliance
Understanding of earnout provisions and post-completion adjustments
Experience managing multiple stakeholders (buyer, seller, lenders, accountants)
Ability to identify and mitigate transaction risks
Questions to ask your solicitor.
How many business sales have you handled?
Look for experience with businesses of similar size and industry to yours.
What deal structure do you recommend and why?
Asset sales and share purchases have different tax and liability implications. Ensure you understand the options.
What's your approach to due diligence?
Comprehensive due diligence identifies issues early and informs deal pricing and warranty negotiation.
How do you negotiate warranties and indemnities?
Strong warranty negotiation protects you from liability after completion. This is a critical part of the transaction.
What happens if issues arise after completion?
Ask about dispute resolution, warranty indemnity insurance, and their involvement in post-completion matters.
Ready to instruct a business sales solicitor?
Burns & Co. Legal offers fixed-fee business transaction advice for acquisitions and disposals.
Burns & Co. Legal is a trading style of Burns and Company Professional Limited. Burns and Company Professional Limited provides reserved legal services through firms which are authorised and regulated by the Solicitors Regulation Authority, and Authorised by the FCA for Insurance Distribution purposes on a portfolio basis.