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BUYING AND SELLING A BUSINESS 

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Getting into or out of your business without exposing yourself to unintended tax consequences or unnecessary liabilities takes careful planning and forethought.  When faced with the decision of how to sell (or buy) an existing business, many business owners are often unaware that the structure of such a transaction can have a lasting impact not only on the amount and timing of payment, but also what they will pay in taxes and the extent to which they remain liable for prior, current, or future issues.  An experienced business attorney can provide crucial guidance and insight into the likely outcomes of a particular transaction and how to best protect a client’s interests.

 

Over the course of time, successful businesses will adapt to changing environments and continue to grow and thrive.  One of the biggest growth opportunities presented to business owners is the chance to join forces with another business or individual.  This opportunity can take many forms ranging from a simple purchase of another business’s assets to a more complex merger and acquisition. Business owners and executives must carefully plan for these opportunities, taking numerous factors into account. Without sound legal guidance, these owners may inadvertently hurt the future of the business. At the Roark Law Firm, we are experienced in various deals and provide quality legal advice to our clients. 

 

The Roark Law Firm can assist clients in understanding the opportunities and dangers associated with:

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  • Buying or selling the assets of a business

  • Buying or selling the stock in a closely held company

  • Buy-Sell Agreements

  • Promissory Notes and alternative financing arrangements

  • Reorganizations, mergers, and acquisitions

  • Acquiring and dealing with investors

  • Letters of Intent and Memorandums of Understanding

  • Non-disclosure and non-competition agreements

  • Tax consequences associated with common transactions

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WHAT ARE MERGERS AND ACQUISITIONS?

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During a merger, two unique companies, typically comparable in size, combine to create a single company. During an acquisition, one corporation takes over or buys out another business. The company that is acquired becomes part of the larger company, and the larger company acquires all of the rights and duties of the smaller company. Though often used interchangeably, mergers and acquisitions have different goals. With our assistance, clients are able to determine the advantages and disadvantages of entering into these deals.

 

WE HELP YOU THROUGH EACH PHASE OF THE DEAL

 

An experienced business attorney will provide guidance and advice through each phase of a purchase, sale, merger, or acquisition deal. Before entering into any deal, we will gain an understanding of your objectives and ensure that the proposed transactions will help you achieve those goals. The Roark Law Firm treats your business as we would our own.

 

The Roark Law Firm is experienced in all aspects of buying or selling a business, including:

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  • Advising our clients of any tax consequences the deal may have including the differences between a stock and asset sale.

  • Protecting your confidential information while negotiating potential sales and throughout all the stages of selling your business.

  • Drafting letters of intent, purchase agreements, promissory notes, and all other necessary documents to complete a transaction.

  • Addressing concerns about employees who work for the business that is being acquired or sold.

  • Negotiating fair purchase prices, seeking the guidance of a team of experts when necessary.

  • Reducing liability as much as possible.

  • Coordinating meetings to discuss the details of the deal with buyers and sellers.

  • Drafting transactional documents that clearly lay out all the terms and conditions of the deal.

  • Finalizing the deal.

  • Assisting clients with any post-closing issues.

  • Succession planning.

 

Broad experience in every phase of a business’s life allows the Roark Law Firm to anticipate issues that may arise and take proactive measures to protect our clients’ interests.

 

WE PROVIDE TAILORED GUIDANCE FOR YOUR BUSINESS

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No business deal is the same. Businesses vary significantly by size, industry, and revenue. Further, the terms and structure of a transaction will change depending on the goals of the deal. The ever-shifting economy and tax code also significantly impacts deals. With so many elements that may affect the terms of a deal, businesses need attorneys that understand the environment of a transaction and how it will affect their clients. The Roark Law Firm carefully studies the characteristics of your business and the climate of the market to plan the best route for a new deal. What works for one company will not necessarily work for another company. The Roark Law Firm has navigated these complex transactions before and can help ensure that your legal interests are protected and your goals are met.

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