Effective Strategies For Purchasing A Business

For an existing owner selling a business, the issue is: "How do I maximize the sale price for my business?"

When buying a business, the question is: "How do I ensure that I will generate as much or more profit in the future if I buy this business?"

The seller needs to be advised on effective and meaningful disclosure. The buyer needs to know that all advantages and liabilities have been disclosed and assessed.

PMR Law has assisted a wide variety of clients with advice and support on multiple issues involved in a purchase and sale transaction, including:

  • Drafting an asset or share purchase agreement
  • Verifying the basis for the calculation of a fair purchase price
  • Drafting representations and warranties that are to be made by the seller
  • Drafting indemnities of the seller
  • Drafting non-solicitation and non-compete clauses for departing owners
  • Conducting negotiations between the seller and the buyer
  • Drafting effective financing of the payment of the purchase price

Meeting Client Expectations

In addition to ensuring that the purchase price has been determined reasonably, we draw on our experience to look at the due diligence information offered by the seller. We help our clients answer questions such as:

  • What are the barriers that the buyer will have when trying to achieve greater profits in the future?
  • What permits are needed?
  • Who are the key employees, and will they remain after the conclusion of the transaction?
  • What intellectual property does the seller have, and is this being effectively transferred to the buyer?
  • Do we own or have a licence to use software?
  • What about upgrades and enhancements to software and software code? Are there patents, trademarks or other corporate know-how that we need to acquire?

Careful due diligence is key when acquiring a business. Our lawyers combine their knowledge of our different practice areas to help our clients. We negotiate the terms in a purchase agreement that protects our client's investment.

Efficient Completion Of Transactions

Purchasers of businesses want to complete their transaction as soon as possible, and on the best terms. Our knowledge of business, regulatory and tax issues combined with our litigation experience provides our clients with the advice they need.

We can effectively meet the needs and concerns of our clients in the purchase of a business. Our lawyers move matters accurately and economically through the sales process. We also save time and labour by using our team of paralegals and law clerks to complete appropriate tasks.

Ask Our Lawyers How We Can Help

Contact Shaun T. MacIsaac, Q. C at (403) 457-9600 or Thomas J. Eaves in our Calgary office at (403) 457-9602 or by email at [email protected] or [email protected] and find out how we can help.