Selling your business in the UK

If you are considering selling your business in the UK, there are several legal aspects you should consider before completing the sale. As a potential seller, it’s important to understand exactly what you are getting into if you want to make sure the process goes as smoothly as possible. In this post, we’ll discuss some of the important considerations sellers should keep in mind from a legal perspective.

Valuations and Financial Considerations

The first step before selling your business is understanding the market and how much your business is worth. This will help you set a realistic asking price and make sure that you get the best return on your investment. A professional business valuator can help you determine a fair market value. You should also consider any financial considerations, such as debts and liabilities, that will affect the sale value of your business.

Legal Representation & Advice

It’s important to seek legal advice and have legal representation when selling a business. An experienced solicitor will be able to ensure that you are aware of any legal implications and that the terms of sale are fair. They can also assist you in the negotiation and drafting of contracts and agreements, and ensure you are compliant with all relevant regulations.

Contracts and Agreements

There are a number of contracts and agreements that need to be drawn up when selling a business. These include a sale and purchase agreement, a lease assignment agreement, and a confidentiality agreement. It’s important to make sure these documents are carefully drafted and reviewed by a solicitor to ensure that the terms of the sale are legally binding.

Taxation

When selling your business, it is important to understand the taxation implications. You should seek advice from an accountant or tax specialists to ensure you are aware of any tax implications resulting from the transaction and that you get the best return on your investment.

Completing the Sale

Once all parties have agreed the terms of the sale, you can begin to complete the sale. This may involve transferring ownership of assets and liabilities, paying taxes, and transferring funds. It’s important to make sure all of these steps are completed correctly to avoid any legal issues.

Due Diligence

It is important to ensure that all parties have completed their due diligence before finalising the sale. Potential buyers will want to make sure that the business is sound and that there are no issues that could affect the value of their investment. This includes reviewing financial records, assessing assets and liabilities, and checking for any legal liabilities.

Transferring Assets & Liabilities

When selling a business, it’s important to make sure that all assets and liabilities are properly transferred to the buyer. This includes any intellectual property, equipment, inventory, and other assets. It’s also important to make sure that all existing liabilities, such as loans and debts, are taken into account and transferred to the new owner in a legally binding manner.

Conclusion

Selling a business is a complex process and there are a number of considerations to keep in mind. Make sure you understand the different types of documents that may be necessary, the potential tax implications, and all of the relevant laws and regulations that could impact your sale. Additionally, take the time to consider if there are any third-party agreements associated with the business that you will need to attend to. Lastly, it is a good idea to consult a corporate lawyer to ensure that all of your bases are covered. Having the sale of your business properly documented will avoid any potential disputes or conflicts.

Our Corporate team, led by Paul Cooper and Hannah Starling, can help you through the process of selling your business, from start to finish, and ensure that all of your bases are covered. Taking the time to speak with an experienced and knowledgeable professional can help ensure that you are making the best decisions for you and your business.

Author: Glayson Tavares-Costa, Trainee Solicitor at Blake-Turner LLP