Big businesses are often involved in the acquisition of smaller companies. They undergo the process so often that all the legal requirements and checks are processed seamlessly. The lessons that they learn through business acquisition can give smaller businesses the advice necessary to undergo an acquisition and fulfil any legal requirements. Without said advice, businesses can suffer from pitfalls and hidden costs.
The first critical piece of advice for anyone looking to purchase a business is to ensure that tax structuring is in place. The tax structure and the consequences of tax will make an impact on the way the acquisition unfolds. This will also uncover any hidden costs associated with the tax.
By evaluating the due diligence of the company that an investor/businessman is willing to acquire will ensure that they know the exact worth of the business. This will indicate the assets that the company currently owns, and how much of an investment injection is necessary not only to acquire the business but also to ensure its optimum operation after purchase.
Those looking to buy a business must also ensure that they understand the regulatory body that controls the market. The bylaws and regulations in place must be thoroughly adhered to by the new business owners. Additionally, the acquisition of a large company will also require the approval of the Competition Commission because an acquisition may have a detrimental impact on the market and therefore for the consumer. The regulations set by the Competition Authority only requires compliance during the acquisition of extremely large companies, though.
A transaction contract is absolutely necessary for both parties in the acquisition. The contract will stipulate exactly when the transactions should take place, as well as their value. Without a contract, there can be no proceedings, but more importantly, a well-written contract will protect both parties. Make sure that a lawyer is available to facilitate the drafting of the contract, and is present during all meetings to ensure that the process complies with the legal and regulatory frameworks in place.
For more legal news, tips and advice, keep in touch with Joselowitz & Andrews Attorneys blog page by clicking the link.