Hawaii Checklist - Sale of a Business

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Multi-State
Control #:
US-04096BG
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Word; 
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The sale of any ongoing business, even a sole proprietorship, can be a complicated transaction. The buyer and seller (and their attorneys) must consider the law of contracts, taxation, real estate, corporations, securities, and antitrust in many situations. Depending on the nature of the business sold, statutes and regulations concerning the issuance and transfer of permits, licenses, and/or franchises should be consulted. If a license or franchise is important to the business, the buyer generally would want to make the sales agreement contingent on such approval. Sometimes, the buyer will assume certain debts, liabilities, or obligations of the seller. In such a sale, it is vital that the buyer know exactly what debts he/she is assuming.
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  • Preview Checklist - Sale of a Business
  • Preview Checklist - Sale of a Business
  • Preview Checklist - Sale of a Business
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FAQ

How to Buy an Existing Business (7 Steps)Step 1: Find a business to purchase.Step 2: Value the business.Step 3: Negotiate a purchase price.Step 4: Submit a Letter of Intent (LOI)Step 5: Complete due diligence.Step 6: Obtain financing.Close the transaction.

Due Diligence Checklist - What to Verify Before Buying a BusinessReview and verify all financial information.Review and verify the business structure and operations.Review and verify all material contracts.Review and verify all customer information.Review and verify all employee information.More items...

During due diligence, buyers like K Squared, further their understanding of the business, it's customers, employees, and risks. Experienced buyers expect to uncover new information during diligence, which may decrease or increase the offer, the purchase multiple, or the deals structure (e.g. debt v equity).

What should you look for when buying a business?Perform due diligence.Evaluate the financials.Confirm the business' entity status.Look into legal liabilities.Understand the outlook for the business and its industry.Get a picture of operations.What assets are involved?Consider the firm's reputation.More items...?

The detailed phase of due diligence is where the in depth research occurs to ensure all affairs are in order and get a clear picture of the business performance now and in the future. Any potential issues that require further clarification or assurance should also be made visible in this phase.

In short, due diligence is the process by which the buyer requests any documents, data, and other information that it would like to review in order to identify any potential liabilities or roadblocks to the consummation of the transaction.

Minimize your taxes on the saleStructure the transaction beneficially.Seek capital gains treatment.Take a loss on other investments.Consider tax-free investments.Remember charitable donations.Consider gifts.Max out your IRA or other retirement plan contributions.Prepay your state and/or local taxes.More items...

Legal Documents Needed to Sell a BusinessNon-Disclosure Confidentiality Agreement.Personal Financial Statement Form for Buyer to Complete.Offer-to-Purchase Agreement.Note of Seller Financing.Financial Statements for Current and Past Two to Three Years.Statement of Seller's Discretionary Earnings and Cash Flow.More items...

Parties involved in the deal determine who bears the expense of due diligence. Both buyer and seller typically pay for their own team of investment bankers, accountants, attorneys, and other consulting personnel.

Follow these steps to move forward.Decide what you're looking for.Research available businesses.Consider working with a business broker.Complete your due diligence.Acquire the necessary funding.Draft the sales agreement.

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Hawaii Checklist - Sale of a Business