Acquiring a Business Solicitors
Whether you’re an experienced business owner or this is your first venture, acquiring an existing business can seem like a daunting process. Our Corporate and Commercial lawyers can help guide business owners through acquisitions, advising on the transaction process and legal documentation and often project managing to ensure the deal gets done.
Deciding on the transaction structure
The structure will be driven by various factors, including deciding what you want and what you don’t want to acquire, the practicalities around the transfer of control and any tax implications.
On a share purchase, you (the buyer) acquire the target company with all its assets, employees and contracts. You’ll also inherit the liabilities and obligations of that company. It doesn’t look like a huge change from the outside world as customers/clients and suppliers continue their existing relationship with the company under a new ownership structure.
With this type of purchase, only the assets and liabilities which you opt to take on get acquired, and everything else stays with the selling company. There is one exception, however, which relates to employees. Under UK law, employees will automatically transfer over to the buyer on their current terms of employment, meaning you may need to consult with them in relation to your plans around acquiring the business.
Our Corporate and Commercial solicitors, along with the expertise of our Commercial Property and Employment solicitors, can advise on the appropriate structure in light of the particular facts and circumstances and help the acquisition process to run as smoothly as possible for you, whichever structure you go with.
What is due diligence?
Due diligence is the investigation that you are expected to carry out before entering into an agreement or contract with another party.
What due diligence should I carry out?
As a buyer, you should gather as much information as possible through due diligence to ensure you fully understand what you’re acquiring and are happy you are paying the right price.
This due diligence will help you evaluate the strengths and weaknesses of the business, identify any risk areas which might impact on the deal, as well as identifying any third party consents that you’ll need in connection with the acquisition.
Our Corporate and Commercial lawyers can advise on the legal aspects of due diligence as part of the acquisition process and work with other advisers you may use for this, such as accountants carrying out financial and taxation due diligence.
How we can help
Our team of Company and Commercial solicitors have a strong track record of success acting for clients who have acquired businesses, helping buyers to protect their commercial interests, whilst ensuring a smooth transition post acquisition.
Whether you need to talk through your options for an acquisition or are already in discussions with a seller and want to appoint a lawyer to advise you on the purchase, get in touch with our expert team by calling 0117 325 2929 or fill out our online enquiry form.