In order for the purchase of a business to take place without surprises, carry out a comprehensive diagnosis of the business before making a purchase. Then think over in detail and agree with the seller a step-by-step step-by-step plan for acquiring a business. Try to regulate in detail all the conditions of the purchase directly in the text of the contract. Consider an informal handover process in advance. Only then proceed to checkout.
Instructions
Step 1
Make sure that the legal entity's authority is in writing in the decision to buy and sell. The approval of your deal must be signed by the board of directors if its value is between 25 percent and half of the book value of the company's assets. If the price of the purchased business is more than half of the value of the company's assets, then the transaction must be approved by the General Meeting of Shareholders.
Step 2
Check the documents accompanying the business sale and purchase agreement. The inventory act must be drawn up based on the results of the inventory carried out before the sale of the enterprise. In the auditor's report, pay attention to the composition and the exact value of the enterprise. Demand a register of all the obligations of the enterprise, with a list of all creditors, the nature, size and timing of financial claims. Check the balance sheet, bearing in mind that a separate balance sheet of the property being purchased must be submitted prior to the sale. Before the sale of the company, let the balance sheet data be included in the official accounting records of the owner of the enterprise.
Step 3
Send a notice of an upcoming deal to your lenders. By agreement of both parties, the buyer can do this, although according to the general rules of lenders, this function lies with the seller. Make sure creditors get it.
Step 4
Now proceed to the signing of the contract for the sale and purchase of the company by the parties. Attach the above documents to the agreement. In the contract, indicate the subject (property complex) and the conditions agreed in writing. The contract for the sale of the company's property complex will be concluded if it contains a price condition agreed by both parties in writing, in accordance with Art. 555 of the Civil Code. This price includes the cost of all types of property that are part of the enterprise.
Step 5
Contact the institution of justice to register the purchase and sale agreement at the place of registration of the enterprise. The actual transfer of the purchase to the buyer is carried out on the basis of the deed of transfer. Once you sign it, the business is considered yours.
