Premium Essay

Buying and Selling

In:

Submitted By arellanojess
Words 7606
Pages 31
A Guide to Buying and Selling a Business

Contents


Introduction



So where do I begin the process?



Shares or Assets?



How much is my business worth?



Deal structure



When do I have to pay?



Where is the money coming from?



Management Buy Outs and Management Buy Ins



Do I need Heads of Agreement (“Heads”)?

 Take a good look at the target
 Share Purchase – The Legal Paperwork
 Asset Purchase – The Legal Paperwork
 Buying from an Administrator or Liquidator
 Completion
 Legal Costs

1.

Introduction

What follows is a brief overview of a complex legal area in which many traps and pitfalls await those unprepared.
This guide outlines the main considerations that apply in buying or selling a business with practical advice based upon our own experiences of buying and selling numerous businesses for our clients over the years.
There is no substitute for early, fast, pragmatic legal and other professional advice to guide you through the transaction whilst allowing you to remain focussed on the key management and operational decisions affecting the business.
In our experience, every deal is unique.
Steeles Law, Corporate and Commercial team



Service, response times and business acumen are without fault
Legal 500



2.

So Where Do I Begin The Process?

Proper legal advice is essential early in any major transaction for two key reasons: 1. to ensure certainty – are you clear exactly what it is you are buying or selling? Does the agreement reflect that? Don’t get
“caught out”.
2.
to protect your investment, or the proceeds of your sale, against unexpected liabilities.
Why am I buying?
You must be certain that you have carried out market research and analysed carefully why you wish to make the acquisition and whether it will
add

Similar Documents

Premium Essay

Buying and Selling

...to fight plagiarism is to use software such as turnitin which is supposed to catch any form of plagiarism and allow that person to be punished for plagiarism. Now the other opinion is from Rebecca Moore Howard who thinks that education is the best way to fight plagiarism by teaching all the fundamentals of doing research and writing research papers would give students a better chance at writing, researching, paraphrasing and citing work that has been researched Computimes (Malaysia), (2001) Buying and selling on the Internet. Retrieved from www.lexisnexis.com/hottopics/lnacademic In the article written by Computimes (Malaysia) the article gives the reader insight into how buying and selling on a live auction website is done and what the buyer or seller needs to do to get started in the process of buying and selling on a live auction website it also tell about the different types of live auction websites i.e. eBay, and Christie’s and Sotheby’s. Donker, Peter P. (1996) Buying and selling on the Internet; Electronic retailing emerging as a new channel of marketing and distribution. Sunday Telegram (Massachusetts), Retrieved from www.lexisnexis.com/hottopics/lnacademic In the article written by Peter P. Donker for the Sunday Telegram (Massachusetts) the article tells of how retail stores such as Wal-Mart, LL Bean and places like these started to get their online stores started and any problems that they ran into while in the process of getting their store up and running....

Words: 397 - Pages: 2

Premium Essay

Buying & Selling in Indonesian

...Apartment Buyer: Good Morning. May I speak to Mr Sudarmo? Buyer: Selamat Pagi. Boleh saya bicara dengan Pak Sudarmo? Real Estate Agent: Yes this is Mr Sudarmo. Are you looking to buy a house Mrs? Ini adalah Pak Sudarmo. Apakah Anda ingin membeli rumah Bu…? Buyer: Bu Simpson and yes I would like to but a house. What do you have on the market now? Bu Simpson dan benar, saya mau membeli rumah. Ada rumah seperti apa yang sedang dijual sekarang? Real Estate Agent: Well, first tell me the price range you are looking at. Pertama-tama, harga rumah yang sedang Anda cari sekitar berapa? Buyer: Anything between 20 to 25 million. Sekitar dua puluh sampai dua puluh lima juta. Real Estate Agent: Excellent! We have a lot of houses on offer in that price range. What type of house are you looking for? Baiklah! Saya bisa menawarkan banyak stok rumah sekitar harga yang Ibu katakan. Apa jenis rumah yang ingin Anda beli? Buyer: I would like to buy an apartment. I am currently a university student and I need a standard apartment close to the University. Saya ingin membeli apartemen. Saat ini, saya belajar di Universitas di Sydney jadi saya butuh apartemen yang berada di dekat Universitas. Real Estate Agent: Okay, and describe what this apartment would look like. Karena Anda tinggal sendiri, jadi Anda mencari yang 1 kamar, betul? Buyer: Well I only need one bedroom, one bathroom, and a small kitchen. But it must be close to the University or close to transport...

Words: 866 - Pages: 4

Premium Essay

Buying & Selling of Immovable Properties

...[pic] Business Law Assignment Legal and Regulatory Aspects of Buying and Selling of Immovable property CONTENTS Overview…………………………………………………………….4 Introduction………………………………………………………...4 Immovable Property………………………………………………..7 Various Laws Related To Immovable Property……………………8 Acquisition and Transfer Of Immovable Property In India……….12 Transfer Property Act – 1882……………………………………...15 Transfer Property Act – 1882(Amendment- 2002)………………..16 Buying and Selling procedure……………………………………..23 Sale and Purchase • Tips For Selling Property…………………………………...26 • Tips While Buying Property………………………………..27 Legal Documents…………………………………………………...30 India's Land Disputes • Whistling Woods International……………………….36 • Case against builder Hiranandani…………………………….37 • POSCO Case………………………………………………….39 Case Study: Singur Tata Land Controversy………………………....42 Recent News…………………………………………………………47 Bibliography…………………………………………………………50 Overview This project talks about the Legal and Regulatory Aspects of Buying and Selling of Immovable property. Immovable Property can be described as land, benefits arising out of land and things attached to the earth, or permanently fastened to anything attached to the earth. There are a number of acts which adhere to the issues relating to immovable property, but the main acts is Transfer...

Words: 14482 - Pages: 58

Free Essay

Returns to Buying Winners and Selling Losers

...In this study, Narasim Jegadeesh and Sheridan Titman (1993) presented the existence of a momentum effect. They attribute this effect to the fact that investors underreact to the release of firm-specific information. In detail, they compared the performance of stocks that have performed well in the past with those that have performed poorly, in 3-12 months’ time. Their theory is if stock prices either overreact or underreact to information consistently then profitable trading strategies that select stocks based on their past returns will exist. Previous studies in this area had shown that over a 3 to 5 year horizon, stocks that had performed poorly over the previous 3 to 5 years achieved higher returns than stocks that performed well over the same period. Their study covered the period from 1965 to 1989, involved ranking each company at the beginning of each month by its returns over the last ‘J’ months. Based on these rankings, ten equally weighted decile portfolios are constructed, with the portfolio comprised of those companies with the strongest historical returns and the portfolio with the lowest historical returns. The timeframes for both ‘J’ and ‘K’ horizons were 3, 6, 9 and 12 months. They constructed portfolios based on companies’ 3 month historical returns, and looked at their performance over the subsequent 3, 6, 9 and 12 months. The paper focused largely on the ‘zero cost’ portfolios, representing the difference in performance between the ‘winners’...

Words: 487 - Pages: 2

Free Essay

Boogers

...American people aren't buying what he's selling the people So they have to figure it out What if someone about to force it out It da best domestic agenda, Hillary Clinton and domestic agenda And not conversion, it’s ... Ina good to the good samaritean, Energies ... with the fist pumping Ina god say...instinct I let Detroit go bankrupt I let Detroit go bankrupt. The ego, is the most expensive thing. The ego The ego, is the most expensive thing. The egoThe American people aren't buying what he's selling the people So they have to figure it out What if someone about to force it out It da best domestic agenda, Hillary Clinton and domestic agenda And not conversion, it’s ... Ina good to the good samaritean, Energies ... with the fist pumping Ina god say...instinct I let Detroit go bankrupt I let Detroit go bankrupt. The ego, is the most expensive thing. The ego The ego, is the most expensive thing. The egoThe American people aren't buying what he's selling the people So they have to figure it out What if someone about to force it out It da best domestic agenda, Hillary Clinton and domestic agenda And not conversion, it’s ... Ina good to the good samaritean, Energies ... with the fist pumping Ina god say...instinct I let Detroit go bankrupt I let Detroit go bankrupt. The ego, is the most expensive thing. The ego The ego, is the most expensive thing. The egoThe American people aren't buying what he's selling the people So they have...

Words: 1477 - Pages: 6

Premium Essay

Sales Management

...Order-takers this category of salespeople try to increase sales as they build customer share * The sales effort by providing information and performing other supplemental services called Missionary sales people * Merchandiser * Personal selling approaches * Stimulus response: stimulus response selling is the least flexible and least focused on the buyer’s unique needs and strategic priorities. * Mental states: Mental states selling is essentially a sequential approach to selling in which the salesperson leads the customer through stages, or mental states, in the buying process. * Problem solving: Problem-solving selling extends need satisfaction selling beyond identifying needs to developing alternative solutions for satisfying these needs. * Need satisfaction: Salespeople using this method help customers identify their needs if customers are not already aware of their needs, and then sell customers products and services to meet the needs. * Consultative selling: Consultative selling is the process of helping customers reach their strategic goals by using the products, services, and expertise of the sales organization. . * Trust-based relationship selling process * Seeks to initiate, develop, and enhance long-term customer relationships by earning customer trust, focusing on customer needs, and having the salesperson play a key role in building the value received by the...

Words: 1233 - Pages: 5

Premium Essay

The Salesperson’s Role in Crm Success

...The salesperson’s role in CRM success: Exploring the value of salespersons’ mapping of buying centre structure Prabakar Kothandaraman, William Paterson University, NJ, USA Raj Agnihotri, William Paterson University, NJ, USA* Rolph E. Anderson, Drexel University, Philadelphia, USA Perhaps the most important, yet underutilised resources in customer relationship management are salespeople. Drawing upon literature from social network theory, personal selling, sales management, and industrial buying behaviour, buying centre mapping is proposed as a tool for salespeople to improve customer relationship management (CRM). A framework linking a salesperson’s systematic mapping of buying centre structure to the CRM strategy development and implementation is outlined. Implications for theory and practice are discussed in detail. Keywords Industrial buying, Salespeople, CRM, Social network keywords Introduction The man who correctly understands how a particular structure works can prevent it from working or make it work differently with much less effort than a man who does not know these things. Bailey (1969, p. 108) Development of marketing strategies and tactics relies heavily on the ability of salespeople to understand buying organisations that they deal with and to bring that knowledge back to disseminate throughout the selling organisation for better customer relationship management (CRM). Managing customer relationships is the focus of successful business-tobusiness marketing...

Words: 6040 - Pages: 25

Free Essay

Business

...shown steady increases. (Dennis Trewin(2005)) On the other hand, the transport ticket selling system, in fact, is not effective enough to match the passenger requirements for buying tickets. The intention of this report is to introduce and recommend a brand new technology – Bluetooth technology to solve the potential threat and issues on transportation ticket selling. 1.0 Current situation – as is– The ticket selling system currently operates separate implementations on different transports: railway tickets can be bought only in the railway station while bus tickets and ferry tickets can be bought in different convenience stores. It is impossible for passengers to buy bus or ferry tickets in a train station. Though monthly ticket which includes all the transports can be bought in the station, the price by the way is expensive and it is definitely unsuitable for short-period trip passengers. At the same time, the whole ticket selling system, especially railway tickets, always confused and agitated passengers in the situation that buying tickets and the train leaves at the same time. The railway tickets selling system, which is the most essential parts for the whole transportation system, exists two main operating components working separately to service passengers: ticket machines and selling assistants. 1.1 Tickets selling automatically At present, two types of the tickets selling machines service...

Words: 1396 - Pages: 6

Premium Essay

Financial Management

...Introduction to Foreign Exchange: Foreign Exchange means Foreign Currency. If we consider Foreign Exchange as a subject then it means all kinds of transactions related to foreign Currency, as well as currency instruments such as draft, MT, TT, TC, and Payment Order & Foreign Trade. In other words Foreign Exchange deals with Foreign Financial Transactions. Foreign Exchange refers to the process or mechanism by which the currency of one country is converted into the currency of another currency and, thereby, involves the international transfer of money. It is the means of method by which rights to wealth in a country’s currency are converted into rights to wealth in another currency. In banks where we talk Foreign Exchange, we refer to the general mechanism by which a bank converts currency of one country into that of another’s. Dr. Paul Einzig defines Foreign Exchange as the system or process of converting one national currency into another and of transferring the ownership of money from one country to another. In terms of Foreign Exchange Regulations Act, 1947 as adapted in Bangladesh, Foreign Exchange means Foreign Currency and include all deposits credits and balances payable in Foreign currency as well as all Foreign currency instruments, such as, Drafts, Travelers Cheques, Bill of Exchange, Hundi, and Promissory Notes payable in any foreign country. Evaluation of Foreign Exchange Rate System in Bangladesh: With the demise of the foreign currency exchange rates during...

Words: 3116 - Pages: 13

Premium Essay

Entertain Speech

...make money from eBay is to sell on eBay. They are almost right. They are actually tons of other methods to profit using eBay, and selling is only one of it. As oppose to selling, buying can be your first step to profit from eBay. And, it can be your starting point to have a successful online or offline business, provided proper selection and long-term strategies are applied. I am a person who doesn’t like to waste time, and I don't like to make mistakes. So, when it comes to eBay, I wanted to know exactly what to buy in the first place? Buying the wrong items/services/products/businesses can be the starting point of losing money, not making money. Let me share one of my experiences, I was looking to buy a portable DVD player sometimes ago. I got to know that there is a new design, a slot-in type, which retail stores are selling around $ 400 per pcs. That was too high and I know I can get it at a better price, and I started to look around at eBay for it. I found the same product, which are selling at eBay around $300-350 and this product is getting some good amount of bids. After that, I did some research using some other methods, and it tells me that it sells. Now, I know that this product is worth buying, and I started buying it. I ended up selling it at $ 300-350 per pcs, and my cost is $200 per piece. And when more people start selling and profits dropped, I stopped with this product. Now that you agree that knowing what to buy is important, you are asking, where...

Words: 443 - Pages: 2

Premium Essay

Forex

...Index Sr. No. Topics Page No.s 1. Foreign Exchange Market 02 2. Foreign Exchange Rate 03 3. Determinants of Foreign Exchange Rates 04 4. Exchange Quotation 06 5. Direct Quotation (Home Currency) 08 6. Indirect Quotation (Foreign Currency) 09 7. Conclusion 10 Foreign Exchange Market Introduction: • Today no country is self sufficient in its demand and supply of goods and services and factors of production such as labour and capital are seen moving freely across the national frontiers. • All the countries trade in goods and services, borrow and lend, invest and accept investments with other countries with nominal or full control to govern the currency flow and trade. • Since different countries have their own currencies (with different purchasing power), the settlement of payments cannot be made with the currency of one country. Meaning: • The Foreign Exchange market is a decentralized world-wide market; the participants in the market include central banks, commercial banks, brokers, corporations and individuals. • The central banks monitor both market movements and sentiments and intervene according to government policy and prevailing situation. Functioning: • International economic and commercial relations between countries involve exchange of goods and services and payment for these exchanges. • The payments lead to conversion of one currency into another. • Each country has its financial system and its own currency and financial assets...

Words: 1303 - Pages: 6

Premium Essay

Essay On Visual Merchandising

...How can retailer to trigger customers buying decisions through visual merchandising? Visual merchandising is playing an important part due to the increasing sameness of merchandise and services among competitors. In shopping malls, you find many competitors clustered together and it has become very difficult for the stores to create a competitive advantage. Thus, visual merchandising can offer for a store to create a distinctive image and attract customers to buy the merchandise. The main objective of visual merchandising is to stimulate potential customers through five mental stages called attention, interest, desire, conviction, and action (AIDCA). Two kinds of attention are voluntary and involuntary. Voluntary attention happens when window shoppers purposely view various displays, typically to learn about the merchandise that they have the intention to buy. In contrast, involuntary attention is unintentional observation. It is more difficult to achieve because the display must get the attention of the potential customers away from its previous focus to trigger the buying decisions. The potential customers will stop or move to view the display of the merchandise if a display is sufficiently unusual and...

Words: 1781 - Pages: 8

Premium Essay

Derivative Tutorial

...Tutorial 2 – Chapter 3 Insurance, Collars and Other Strategies For the following problems, assume following:For the following problems, assume following:For the following problems, assume following:For the following problems, assume following: For the following problems, assume following:For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: For the following problems, assume following: Effective Effective EffectiveEffective 6-month interest rate: 2% month interest rate: 2% month interest rate: 2%month interest rate: 2% month interest rate: 2%month interest rate: 2% month interest rate: 2% S&R 6S&R 6S&R 6S&R 6 -month forward price: $1020 month forward price: $1020 month forward price: $1020 month forward price: $1020 month forward price: $1020 month forward price: $1020 Premiums for S&R options with 6 months to expiration:Premiums for S&R options with 6 months to expiration: Premiums for S&R options with 6 months to expiration: Premiums for S&R options with 6 months to expiration: Premiums for S&R options with 6 months to expiration:...

Words: 1072 - Pages: 5

Premium Essay

Marketing Exam 2 Review

...Chap 6 creating product solutions Video clip Tommy excessive emotive Richard always watching, customer focus Product Strategy * Is a well conceived plan that emphasizes becoming a product expert, selling benefits, and configuring value-added solutions * Helps salespp make the right decision concerning the selection and position of products to meet specific customer needs Selling solutions * Are mutually shared answers to recognized customer problems * More encompassing than specific products * Those that provide measuarable results * Those that require greater effort to define and diagnose the customer’s problems Product strategy should be tailored to the customer’s buying needs * Transactional buyers * Standard or generic * Understand their own product needs * Product can be easily substituted * Consultative * Hidden feature * Differentiated choices * Customizable * Strategic alliance * High cost importance * Limited substitutability Explosion of product strategy * Domestic and global markets overflowing * >30,000 consumer products produced each year * good news: buyer have a choice * bad news: more complicated Product configuration * product selection process * often referred to as “product configuration” * product configuration software * develops customized product solutions quickly and accurately * incorporates customer...

Words: 2845 - Pages: 12

Premium Essay

Apc 309 Sma

...(General Electric Company, 2006). Methods of fixing transfer price Market based transfer prices The external market prices for the intermediate products are used to set the transfer price. The strategy presumes that the acquiring division will secure the products from the manufacturing division at the same price as in the external market. Although the external market is usually rarely or never accessed, the competitive price determines the minimal intra-organization transfer price (Feinshreiber, 2004). General Electric uses this strategy since it priced the intersegment trading based on commercial rates Buyer Under this strategy, the autonomy of the buying division is maintained. There is no time wasted in bagging negations hence the division can focus more on its productivity (Shor and Chen, 2009). However, this strategy...

Words: 1964 - Pages: 8