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Month: April 2017

Issues to Consider When Structuring a Business Sale

Issues to Consider When Structuring a Business Sale:

Of course, the cash received at closing is the single most important consideration however there are many other issues, which we encourage our clients to consider:

  • Any unusual business agreements, issues, or relationships that need to be addressed with the buyer before the closing?
  • Is there an interest in retaining any ownership?
  • Is there an interest in continuing to run the business post-sale? If so, what is the preferred amount of time?
  • Is there an interest in receiving a seller note as part of the overall sale proceeds?
  • Would you object to selling to a competitor, as they will know of your customers, your margins, your employees, and your method of operation BEFORE the sale is completed?
  • Is there a preference to sell to a buyer who will need your staff? If so, a competitor may not need them as your operation could be folded into their existing operation.
  • Any assets on the company balance sheet that are not essential to the operation of the business that you would like distributed to you?
  • Is there a Profit Sharing Plan distribution or rollover that needs addressing?
  • Are there any tax considerations from the sale that would be prudent to discuss with an advisor before the sale?

The Montana Group does not charge a retainer so its success-based only fee is motivating and mutually beneficial. Contact us for a complimentary valuation. In our 26 years we have many many successful transactions that started with a similar introduction.

Selecting a Representative to Sell a Business

Selecting a Representative to Sell a Business

This sale is probably the family’s most financially significant occurrence, which will likely affect several generations. So, what are the important and ultimately valuable issues to consider when selecting a consultant to focus on the sale of a business?

Experience: How many transactions has the representative successfully closed? What is the sale price range of the bulk of these transactions? What industries or specific focus are these sold companies?

Buyers: Where does the representative locate the potential buyers? What is their existing buyer database focus and how many? Can additional buyers supplement those obvious industry buyers to provide an outside perspective on value and also create competition?

Failed Transactions: Of the transactions that were listed and did not sell what cause these outcomes?

Past Sellers: Provide a list of completed transactions and the contact information for 4-6 that are available to be contacted for a reference.

Upfront Cost: Is there a retainer? Why is it necessary to pay without knowing the outcome?

Fee Schedule: Is the fee schedule formula very motivating for the representative? There should be a much larger percentage to push the price beyond an acceptable minimum.

Listing Agreement: Is the agreement cancellable at any time without penalty? If the negative outcome is apparent then why not move on?

Referrals: Does the consultant have well-qualified and experienced specialist such as merger and acquisition attorneys to recommend that have worked closely with them in the past? Wealth managers? Accountants?

Confidentiality: Would the consultant agree to provide a list of potential buyers that need pre-approval before contacting?
Issues: What operational or financial issues of the company could hold the price down and what are their recommendations to combat these?