Documents Needed When Closing an Existing Business Deal
You have done your due diligence, and everything is alright so far. The last thing you have to do is close the deal. Closing the deal means the business gets transferred to you. Everything from the business assets to the ownership has to be transferred.
However, be careful that the current owner does not transfer the liabilities. So what documents do you need for the final step of buying an existing business? Here is a checklist of all the materials you need to succeed in closing the business deal.
Bill of sale
The first document you must have is the bill of sale. When you buy aged corporations, the bill of sale is a vital document to have; it will prove actual sale. It also transfers ownership of all the business assets to you.
Adjusted purchase price
The adjusted purchase price gives the final cost of purchase. You do not want the current owner to come back saying you owe him. So make sure you have this document. It includes all the expenses like utilities, rent and even inventory.
Lease
Does the business have leased property? If so, the owner will have to transfer that to you as well. If you are going to take over the lease, you have to make sure that the landlord agrees. If it is a new lease you are negotiating, you have to double-check that everyone involved understands the terms.
Vehicles
Check if the business you are buying comes with vehicles. If it does, you have to transfer its ownership with the local DMV. It is also advisable to get the right forms by the time you complete the sale.
Intellectual property
When buying the business, you have to make sure that all the intellectual property is transferred to you. The copyrights, trademarks, and patents should all bear your name. By shifting intellectual property rights, you avoid any problem in the future.
Franchise
Are you buying a franchise? You must also check if you will be required to file the franchise documents.
Non-compete agreement
You should ask the seller to sign the non-compete agreement. The contract restricts the previous owner from setting up a competing business near yours. The deal ensures that he does not become your competitor.
Employment agreement
The employment agreement has to be drafted if the seller will remain in the company as an employee.
Asset acquisition statement
The IRS form will list all the assets you have acquired. It will also contain the amount you purchased them. The document is vital when buying an established business. It will help you when filing your tax returns.
Bulk sale laws
A bulk sale law is a document that prevents business owners from evading their creditors. Some business owners transfer ownership to someone else to avoid creditors. As a buyer, you must notify the local tax authority about your pending sale.
These are the documents you need to close the deal when buying an existing business. You must have these before the business becomes fully yours.
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