Buying or Selling a Business

Buying a business or franchise can be one of the most exciting events in a person’s professional life. If you are buying a business or franchise or selling a business, you should speak with an experienced business law attorney. Unless you protect your interests, your dream could become a nightmare. An experienced business lawyer can provide the advice you need to minimize your risk and increase the likelihood of a successful transaction.

The purchase or sale of a business can be structured either as an acquisition or as a merger. Acquisitions typically take the form of an asset purchase or stock purchase. In an asset purchase, the buyer purchases the seller’s assets in accordance with an Asset Purchase Agreement, typically free and clear of most liabilities. Conversely, in a stock purchase, the buyer purchases the stock of the business and takes over the entire business entity including the assets and liabilities.

A merger of two businesses shares many characteristics of an asset purchase and a stock purchase, but at the end of the transaction the two businesses are combined as one.

Our small business lawyer advises business owners and entrepreneurs across the state of Texas. We can review all aspects of the proposed transaction to protect your interests and facilitate a trouble-free transaction. We regularly assist our clients in the following areas:

Drafting or reviewing the Letter of Intent
Preparation and review of all necessary documents in the purchase, sale, transfer or dissolution of a business
Negotiation of Purchase and Sale Agreements, Asset Purchase Agreements and Stock Purchase Agreements
Negotiating and drafting the promissory note and security agreement in owner financed transactions
Assuming the corporate name, important contracts and intellectual property
Retaining key employees or contractors
Registration of assumed name / dba (doing business as)

Upon request, one of our small business lawyers in Dallas can review your proposed business transaction from the outset, through the due diligence process, to the final closing. After the transaction has closed, we can continue to provide on-going advice and legal services as your business grows.

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