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Business Acquisitions and Sales

The purchase of a new business or the sale of an existing business will revolve around the contract for sale of the business. It is vital that the contract for sale reflects the intentions of the parties and sets out exactly what each party is required to do to give effect to the sale.

At Quinn & Scattini we have an expert Business Team who possess an intricate knowledge of the process of business sales and acquisitions in Queensland. If you are a purchaser or a vendor our Business Team can handle all the necessary pre-contract negotiations and an investigation as well as drafting the contract of sale making sure that the contract protects your interests.

Prior to entering into a contract for sale of a business it is important to undertake an evaluation of the business to ensure that the current values of the assets reflect the sale price, the profits are adequate for the type of business being purchased and the financial records of the business are in order and up-to-date.

Our expert Business Team can assist you in undertaking a due diligence of the business you are considering purchasing prior to the commencement of drafting of the contract of sale. This way you can save money on the expense of drafting a contract of sale in the event that the business does not meet your approval.

Once the process of due diligence is completed our Business Team will commence the drafting of the contract for sale. We will assist you in ensuring that the contract of sale correctly reflects the agreement reached and we will guide you through the following matters:

  • Whether the business is sold on a walk-in walkout-basis or sold with stock in trade or work in progress.
  • The apportionment of the purchase price between the goodwill of the business and the fixtures, fittings and chattels of the business.
  • The leasing requirements of the business.
  • Any restriction of trade on the vendor's ability to open a similar business in the future.
  • Any period for which the vendor is required to assist you in the operation of the business.

At Quinn & Scattini we will explain the standard conditions contained in the contract for sale and the rights, duties and responsibilities these place on both parties. Our expert Business Team will also ensure that you understand the statements and warranties contained in the contract for sale and the manner in which employee entitlements such as wages, holiday pay and long service pay are proportioned on the sale of a business.

 

If you would like to find out how Quinn & Scattini can help you, please call us on 1800 999 529, or email us at mail@quinnscattini.com.au

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