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Maximizing Value and Minimizing Risk: A Three-Step Guide to Selling Your Business

Is it possible to sell your company? If so, who can take over? Will it be required to make changes in terms of management? Are you considering an estate planning? And then, what estate planning model will be the right one in precisely your situation?

A punctual and well-considered transfer of ownership will be useful to both you and your company. For the purpose of securing continued operations of your company – and continued profit for you – it will be essential to know the long-term plans for your company and the right time to let others take over.

We are offering legal assistance, preparing your company for sale in different ways, such as e.g.:

  • Estimating the aggregate process;

  • Evaluating sales opportunities and the right time of sale;

  • Restructuring operations, optimizing the company for sale, taking both organizational and tax affairs into consideration;

  • Updating registers of shareholders – are there any hindrances for a sale?

  • Contributing to reflections on estate planning;

  • Mediating contact to financial advisers, including auditors, for the purpose of evaluating the company;

  • Mediating contact to other advisers, if required, e.g. engineers for the purpose of environmental surveys;

  • Contacting public authorities, if required;

  • Performing Vendor Due Diligence (the seller’s duty of disclosure);

  • Securing general compliance;

  • Securing risk minimization for the company;

  • Distributing dividends (slimming the business – reducing the costs);

  • Preparing contracts etc. for data room;

  • Organizing data room;

  • Obtaining documentation from the Danish Business Authority regarding the signature authorization for the company;

  • Drafting of Non-Disclosure Agreement;

  • Formation and closing of contract, assisting you, among other things, in contract negotiations with the buyer;

  • Other legal considerations / advising on the consequences for the seller, in terms of both corporate and tax matters.

 

If you require a more detailed overview of the sales process

Sale of companies – step by step>>

A good start always begins with a good dialogue. That is why our cooperation in this process will always begin with a meeting, where you can get the answers to all your questions and at the same time hear how we might help you – also in relation to any questions you might not have considered in connection with the transfer of ownership, estate planning or business sale.

Step 1 - Is the beginning of the process, when it is important to look at the following issues :

  • Sales opportunities.

  • Risk minimization for the company.

  • Organization of data room.

  • Preparation of contracts etc. for the data room.

  • Reflections on estate planning.

  • Mediating contact to financial advisers, including auditors, for the purpose of valuating the business.

  • Mediating contact to other advisers, if required, e.g. engineers for the purpose of environmental surveys.

  • Contact to public authorities, if required;

  • Assisting you in initial contract negotiations with the buyer;

  • Non-Disclosure Agreement;

  • Performing Vendor Due Diligence; viz. your sales report to the buyer with information on your business, giving the buyer a broader overview.

 

Step 2 - Concerns your negotiations with the buyer :

  • Do you plan to continue working for the company? If so, do you know what role to undertake?

  • Are there any agreements with employees, cooperation partners or others to be renewed or terminated?

  • We can participate in all meetings between you and the buyer, if so requested.

  • We can prepare/examine the transfer agreement describing what to be sold etc. and go through it all with you afterwards.

  • We can advise you on all legal issues that you must consider and know of as the seller.

  • Signature on the agreement.

  • Handling of approvals, e.g. approvals from competition authorities and cooperation partners.

 

Step 3 - Is the final and conclusive step to be taken when selling your company. In this phase, we can assist you in securing the final details :

  • Closing of contracts.

  • Transfer of agreements and information to cooperation partners.

  • Inspection of real property.

  • Measures relating to company law, e.g. registration of new board of directors/company name, etc.

  • Any other agreements, e.g. employment contracts, trade agreements etc.

  • Preparation of completion statement, if required.

 

 

Should you have any questions to the above, please feel free to contact us by telephone (610)-766-7351 or email to info@kaptaingroup.com

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