Business Sale and Purchase

When it comes to buying and selling a business, Arro can ensure legal success for your company. We are experienced in advising on all legal matters related to business sale and purchase, and our solicitors can offer a broad spectrum of services such as:

• Negotiating a sale/purchase of a business.
• Drafting heads of agreement setting out the key terms of the sale/purchase agreement.
• Drafting/reviewing sale of business contract.
• Identifying and transferring IP.
• Undertaking due diligence, advising of identifiable risks and advising on those risks.
• Settling the sale/purchase.
• Transferring/terminating employees.
• Transferring securities, licences, key contracts, plant and equipment.

Business valuation methodology

Valuing a business is often a difficult task, and we at Arro can help by advising on a comprehensive business valuation method which consists of:

• Identifying key referrers such as accountants, financial planners, industry experts to assist in valuing your business.
• Discussing with clients the value of obtaining appropriate valuations.
• Considering and discussing with clients the valuation of different assets and goodwill of their business.
• Crafting management documents and sale documents containing robust valuation methods to ensure the maximising of returns.

Due diligence and settlement

During the sale or purchase of a business, it is vital to be diligent. Our experienced solicitors can offer the following advice or services in this area of the law:

• Advising clients on due diligence and settlement requirements such as:
  • Historical and current company information provided to the regulator
  • Status of tax payments
  • Status of any litigation
  • Grunt of any securities
  • Provisioning of long service leave, annual leave and personal/carer’s leave of employees
  • Key terms of any leases, hire purchase arrangements and supplier contracts
  • Status and fulfilment of any contracts for the supply of goods or services
  • Status of any licences necessary to run the business
  • Status of any health and safety inspections
• Obtaining relevant transfers such as transfers of certain digital assets including intellectual property
• Attending settlement

Third party negotiations including landlords

Many transactions involve third party negotiations, our solicitors can help by providing the following legal advice and services:

• Obtaining the consent from the landlord to the transfer of any leases being passed as part of the purchase of business
• Identifying key and material terms in the leases which may impact the value of the acquisition
• Advising pre-purchase of any unusual conditions in the lease which may impact the decision to acquire a business
• Negotiate with the landlord concerning any changes requested to the lease or any requirements to ensure the property’s fitness for a purpose such as fibre optic cabling or the installation of satellite dishes