Business Sale & Purchases Attorney Based in New York
The sale of a business is not simple. There are many factors to consider when selling a business. The main concerns include the valuation of the business and the risks the buyer may encounter. That means that due diligence is necessary to get to a proper valuation and evaluate risks. You will need to understand your business well enough to know its strengths and weaknesses and what representations, warranties and indemnification you can give. NEARLY EVERY BUSINESS DEAL INVOLVES AN ALLOCATION OF RISK. A seller must be aware of the risks and determine what risks it is willing to assume.
Business Sale
Your First Steps Toward Your Business Sale
Business Purchase
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A very important issue is the type of consideration to be paid – cash, stock in the buyer or combined business after sale or a combination of the foregoing. It is crucial that tax implications be considered at the outset of any business sale.
While Martha M. Dwyer brings a wealth of experience in facilitating business sales, she is not a tax lawyer. However, she understands the importance of tax considerations in business sales and routinely collaborates with tax specialists during such engagements to ensure a comprehensive evaluation of all aspects of the deal.
Once these determinations have been made, it is time to seek potential buyers, obtain offers and evaluate them and negotiate a term sheet or letter of intent, and then a sales contract. When negotiating these documents, you will need to have them drafted or reviewed by an experienced attorney to ensure all of its terms provide you with maximum protection.
Your First Steps Toward Your Business Sale
The Law Office of Martha M. Dwyer is a professional business sale attorney in New York serving the entire United States. Martha Dwyer has been helping clients for years buy and sell businesses in the New York City area and throughout the United States.
Martha Dwyer can ensure that all contracts are legal and handle any legal issues that may arise. Contact the Law Office of Martha Dwyer today to schedule your consultation!
“Marty Dwyer represented me when I sold my main business. I had just parted ways with my previous attorney, who had worked on the sale for over a year. Marty came in and saved the sale over many intense months during the last half of 2018 and early 2019, and after the closing when a significant post-closing adjustment dispute arose”*
Business Purchase Attorney Based in New York
Purchasing a business can be a lucrative business decision for all parties involved. Prospective business owners or those seeking to purchase an existing business should be aware of the processes, procedures, risks and due diligence associated with buying a business.
Martha Dwyer, an experienced business purchase attorney, can guide and advise you through each step of your business purchase. The main concerns include the valuation of the business, its potential to generate revenue, the potential to expand the business and the risks the buyer may encounter.
That means that due diligence is necessary to get to a proper valuation and evaluate risks. You will need to understand the business well enough to know its strengths and weaknesses and what representations, warranties and indemnification you will need. NEARLY EVERY BUSINESS DEAL INVOLVES AN ALLOCATION OF RISK. A buyer must be aware of the risks and determine what risks it is willing to assume.
Martha Dwyer can help reduce your risk profile and maximize the benefits of your business purchase.
The buyer will also need to consider whether it wants the seller to be involved in the business after it is purchased, usually through a consulting agreement, and how much it wants to limit the seller’s ability to compete.
A very important issue is the type of consideration to be paid – cash, stock in the buyer or existing business after sale or a combination of the foregoing. In paying cash for a business, whether or not in combination with stock, it is often necessary for the buyer to obtain funds from an outside source (financing).
This can be in the form of a loan from a bank or other third party or by obtaining funds from investors in exchange for an ownership interest in the business being purchased, or a combination of the two. Financing can also be obtained for the business being purchased and another business owned by the buyer which can be combined, by merger or otherwise, with the new business.
Additionally, it’s essential to take into account the tax implications of a business purchase. While Martha M. Dwyer is proficient in overseeing the intricacies of business purchases, she is not a tax attorney. Nevertheless, she consistently works in tandem with tax experts throughout business purchase transactions. This ensures that all tax considerations are meticulously assessed, contributing to a comprehensive approach to your business acquisition.
Once these determinations have been made, it is time to enter into discussions with the seller and sources of financing, if any, negotiate term sheets or letters of intent with the seller and the sources of financing, and then a sales contract and financing agreements. When negotiating these documents, you will need to have them drafted or reviewed by an experienced attorney to ensure all of its terms provide you with maximum protection.
Let’s Discuss Your Business Transactions. Schedule a Consultation.
The Law Office of Martha M. Dwyer can help prospective business purchasers and business owners alike successfully to complete their business transactions to bring about satisfactory outcomes for all parties involved in the transaction.
In providing assistance to businesses and business owners, the Law Office of Martha M. Dwyer takes into account not only the current economic climate, but also what lies ahead in regulation, compliance, and management. With a proactive approach to business purchases, Martha can ensure that her clients are well-prepared in their present and future business dealings.
“In my time as Corporate Secretary of a publicly held company on the American Stock Exchange, we did a series of spin-offs, acquisitions and disposals. It was generally accomplished under the direction of Marty Dwyer who never missed a beat, kept us out of trouble with our multitude of business dealings, all the while staying calm and collected despite many long nights of negotiations that eventually turned successful”*
*Prior results do not guarantee a similar outcome