The Business Lifecycle - Exits

For the next chapter

Exits

For the next chapter

Exiting a business is a big decision and can be made for a number of reason. Whether you're ready to pass it down to your family, sell to someone who can grow it further or just finish trading completely, you need the support of a solicitor.

Engaging a business services solicitor is essential during a business exit. One of our experts can help navigate complex legal matters such as valuing the business and drafting and negotiating sale or transfer agreements. They also ensure compliance with tax and regulatory obligations and manage potential liabilities. Our team protect your interests by identifying any risks or obligations that could impact the exit strategy, ensuring a smoother, legally sound transition.

Selling to a third party

Selling to an external buyer requires thorough legal documentation, including a purchase agreement outlining the sale terms, payment structure, and ongoing obligations. Due diligence is critical to address liabilities, intellectual property rights, and compliance issues, ensuring a smooth transition for both parties.

Strategic alliance or partnership

A partial exit through a partnership or strategic alliance necessitates agreements that detail ownership, voting rights, profit-sharing, and exit options. Your solicitor drafts partnership or joint venture agreements, often including dispute resolution and buy-sell rights clauses, while ensuring compliance with regulations if applicable.

Liquidation

Liquidating a business requires legal steps to settle debts, distribute assets, and formally dissolve the company. Creditors' rights must be considered, and any remaining assets are sold off with proceeds used to pay debts before the business owner can collect any remaining funds. Advisors ensure that all liabilities are settled to prevent future legal issues.

Initial Public Offering (IPO)

Taking a company public involves significant regulatory compliance. Legal advisors assist with preparing the IPO prospectus, conducting due diligence, handling financial disclosures, and ensuring governance policies meet public company standards. They also address ongoing legal compliance once shares are offered on the public market.

Management buyout (MBO)

In a management buyout, legal advisors facilitate negotiations and draft purchase agreements defining terms, funding arrangements, and performance-based earnouts. Additionally, they may need to structure financing, coordinate with lenders or investors, and manage confidentiality and non-compete agreements to protect business interests post-sale.

Passing on to family members

Transferring ownership to family members involves estate planning and may require restructuring to minimise tax implications, including inheritance and gift taxes. Solicitors are essential to drafting succession plans, clarifying roles and ownership percentages, and establishing trusts or holding companies if needed to ensure a clear, structured transition.

Selling to employees

Structuring an employee stock ownership plan (ESOP) or other financing arrangements is key to an employee buyout (EBO). Legal advisors must help navigate securities laws and tax implications and ensure compliance with employment laws. Drafting shareholder agreements or buyout terms can clarify the rights and responsibilities of employees as new owners.

Merger or acquisition

A merger or acquisition involves detailed contracts and regulatory filings, mainly if anti-competition laws apply. Legal considerations include handling existing contracts with clients, vendors, and employees and determining non-compete or confidentiality clauses. In addition, the sale price structure, whether in cash or shares, requires clear documentation for tax and valuation purposes.

Exiting a business

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To speak to one of our business services solicitors, call us today on 0800 1380 458, or get in touch via our form.

Our Business Services Solicitors

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Sarah NaylorDirector and Solicitor
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Lyn ShepherdClient Co-ordinator
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Why Switalskis?

Exiting a business is an intricate task. Having a trustworthy solicitor on your side throughout gives you peace of mind that business risk is being taken care of. Our solicitors have been helping businesses to thrive for years. When its time for you to move on, we will make sure you can do it with peace of mind.

Clarity in complexity

Starting up a business often requires complicated legal terminology and drafting of contracts. Our team of business solicitors pride themselves on offering transparent, easy-to-understand guidance, demystifying the law so you can make informed decisions.

Empathy at every step

We work as an extension of your team so our solicitors take the time to understand your objectives and vision. They then can offer tailored advice that aligns with your goals.

Expertise you can trust

With years of experience and a stellar track record in supporting businesses to grow, our business solicitors are some of the most skilled in the industry. We leverage this expertise to craft robust legal strategies, favourable contracts and compliant policies for your business.

Championing your rights

At Switalskis, your business is our priority. We work on your behalf, making sure you remain compliant with regulations and manage any business changes effectively and without risk.

Find out how Switalskis can help you

Our team of expert business solicitors at Switalskis are here to guide your business whether you are at day one or have been operating for years. We will work with you to ensure your business is given the advice it needs so you can thrive.

Call us today on 0800 138 0458 , or get in touch via the website.

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