Texas Attorneys Providing Experienced Counsel For Selling A Business
To maximize value and mitigate risks when selling a business, you must plan your departure with absolute precision. At Stephenson Fournier, we serve as the strategic architect of your commercial deal. We guide you calmly through the complexities of corporate divestiture.
We represent clients across Texas, the United States and the globe. We offer high-quality business transaction services tailored to your budget. Let us apply our focused, results-centered approach to your business sale.
The Stages For Selling A Business Successfully
A successful business sale requires a systematic approach. Our business law attorneys break down the transactional pipeline into clear, manageable phases. They facilitate sales using these primary steps:
- Pre-sale preparation: Clean up corporate governance records, resolve handshake deals, and ensure that intellectual property is documented properly.
- The letter of intent (LOI): Create or negotiate an LOI to begin to establish the terms of the transaction.
- Due diligence defense: Organize internal disclosures and financial summaries to prevent buyers from finding reason to lower their offer prices.
- The purchase agreement: Draft representations, warranties and indemnifications that derisk future liability and limit post-closing contract disputes.
Having represented numerous business owners in the selling process, we know that proper preparation helps you command top market value from prospective buyers. It also shields you from the threat of risk as you begin the next stage of your entrepreneurial career.
Why Does The Choice Between An Asset Sale And A Stock Sale Matter In Texas?
Selecting the proper framework alters your tax liabilities and exposure significantly. Every business owner must evaluate the underlying structural differences before entertaining buyer offers. The choice between a stock transaction and an asset transaction changes what you retain after closing.
Our business lawyers analyze your corporate balance sheet so that they can recommend the most advantageous path. They ensure that the final structure aligns perfectly with your goals, financial needs and tax planning requirements.
How Can A Lawyer Help With The Due Diligence Process?
The due diligence phase exposes your entire business history to outside scrutiny. Any leaks of this information could open you to competitors’ prying eyes. A knowledgeable lawyer ensures a robust NonDisclosure Agreement (NDA) signed before you share any information protects your intellectual property and financial data before scrutiny begins.
We help you organize a secure digital data room to manage buyer access to sensitive records. Presenting accurate, well-ordered disclosures reduces transactional friction. This proactive organization minimizes the risk of post-closing claims or financial clawbacks based on allegations that you misrepresented your financial standing or legal compliance.
Why Is A Letter Of Intent (LOI) Important When Selling My Business?
A letter of intent outlines the preliminary financial and structural terms of a purchase or sale. It establishes the purchase price, payment terms, and the anticipated timeline for buyer due diligence.
While the LOI is usually nonbinding regarding the final transfer of ownership, it can contain binding provisions that affect your company. These include exclusivity and confidentiality clauses. These terms should prevent the buyer from sharing your trade secrets or shopping your transaction parameters to marketplace competitors. A business transactions attorney must review these clauses early to safeguard your operational data. More importantly, significant negotiating leverage is lost if a seller enters into an LOI before hiring counsel. Changing the deal terms later on is generally seen as re-trading and is sometimes very difficult.
Discuss Business Sale Planning With Our Attorneys Today
Stephenson Fournier provides the strategy necessary to complete a business sale smoothly. We analyze contract structures, draft protective purchase agreements and manage risks to protect your hard-earned equity. To schedule a consultation with us, please contact our office at 713-629-9494 or use our online contact form to reach us.
