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A Sample Acquisition Due Diligence Checklist
October 8, 2014 / in Acquire a Business, Sell a Business / by Al Statz
In privately-held business acquisition transactions, as soon as a letter of intent or contingent purchase agreement has been negotiated, the buyer’s in-depth due diligence begins. To kick-start this phase of the transaction, the buyer requests from the seller all of the information that they need to conduct their investigations. Once the buyer is satisfied, the transaction proceeds to the closing phase. Due diligence document requests vary greatly in length and content, depending on the type …
The Importance of a Credible and Competent Valuation Expert
September 30, 2014 / in Business Strategy, Business Valuation / by Al Statz
The need for business valuation arises in many circumstances ranging from dispute resolution, to estate planning, to the sale of a business to name only a few. As in all professional disciplines, it is important to hire a practitioner who is fully trained, able to discern relevant facts, and abreast of current best practices. Consider the following New York Supreme Court case.* Adelstein v. Finest Food Distributing Co Two brothers and their uncle each owned …
You’re ready to sell. Is your business?
September 25, 2014 / in Sell a Business / by Jim Leonhard
A recent article in the NY Times caught my attention: “Why Many Small Businesses Cannot Be Sold”, by Josh Patrick. The article cites a statistic that only about 4 to 5% of businesses recently listed on BizBuySell (a popular website that lists businesses for sale) actually sell. That’s an alarming statistic. According to the article there are three fundamental issues business owners need to address if they really want to sell their business: Create a …
Networking for Introverts!
September 22, 2014 / in News / by Al Statz
One exciting aspect of working in Mergers and Acquisitions is that we are always learning. I had a recent learning experience after a colleague invited me to a meeting of The Association for Corporate Growth (ACG), an organization that provides a networking forum for M&A advisors, corporate growth professionals, private equity, finance, legal and other professional service providers. Over the course of this particular meeting, I met and had interesting conversations with at least a …
U.S. Manufacturing Purchasing Managers’ Index rises to highest level since April 2010
September 2, 2014 / in News / by Al Statz
Today, just after a gorgeous Labor Day weekend here in Northern California, I thought I would share some encouraging news for U.S. manufacturers and everyone who serves or invests in them … The U.S. Manufacturing Purchasing Managers’ Index (PMI) — which is designed to signal changes in prevailing business conditions in the U.S. manufacturing sector — registered 58.0 in August, up sharply from 55.8 in July and the highest reading for over four years. All five components of the Manufacturing PMI had a …
Escrows in California Business Sale Transactions
August 22, 2014 / in Acquire a Business, Sell a Business / by Al Statz
Business “Transaction Escrows” protect the interests of buyers and sellers, and are used extensively by transaction attorneys and brokers in California. Then there is what’s called a “Holdback Escrow” which secures post-closing obligations and adjustments. This blog introduces you to both types of escrows and how they facilitate business deals. What is a Business Transaction Escrow? In California, for business sale-purchase transactions of all sizes and shapes, it is common to have an escrow agent serve …
Please don’t tell me liquidation is my best exit option!
August 13, 2014 / in Exit Planning, Sell a Business / by Jim Leonhard
While the typical premise of value in valuing an operating business for a sale/acquisition or exit planning is as a going concern, occasionally, facts and circumstances indicate that an owner would be better off liquidating his or her business. Unfortunately, this often comes as a shock to an owner who has spent years working in and building a business with the expectation that it can be sold for enough to provide a significant nest egg …
Be Prepared!
August 8, 2014 / in Exit Planning, Sell a Business / by Don Ross
“Be Prepared” is the Boy Scout Motto that has served young individuals and their character development in over two hundred countries since 1907. It can also be an effective mantra for a business owner who will engage in marketing and selling a business. A well prepared business owner plays a vital role on the transaction team and helps ensure maximum value to the shareholders and a smooth transition of ownership. Critical components of “Be Prepared” for …
The ESOP Solution
July 30, 2014 / in Exit Planning, Sell a Business / by Al Statz
We are often asked about Employee Stock Ownership Plans (ESOPs) as an exit strategy. For business owners who are curious about the ESOP exit option, here are links to two recent articles that discuss ESOP basics and some of the pro’s and cons of ESOPs. Both articles are from recent issues of MERGERS & ACQUISITIONS magazine, which is published in partnership with the Association for Corporate Growth, in which I am a member. Recaps Turn to …
Is Your Business Prepared for Sale?
July 23, 2014 / in Sell a Business / by Jim Leonhard
Serious potential consequences await owners who neglect to prepare their business, and themselves, for a future sale or transfer. Here are ten exit planning mistakes to avoid: The business experiences a sudden, catastrophic loss and all of the owner’s financial eggs are in the business. A perfect buyer suddenly appears and makes a fantastic offer, but the owner cannot consummate the sale due to prohibitive (and avoidable, with planning) tax cost and a lack of …
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