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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 …
Ten Commandments of a Successful Exit
July 17, 2014 / in Exit Planning, Sell a Business / by Al Statz
The average person doesn’t realize that selling a company is often the most gut-wrenching transaction of a business owner’s life. They’ve just spent their life building the business, it’s their largest asset, and they have no training or experience in selling a business. With that as a backdrop, here are ten practical directives that will help you make better exit strategy decisions and achieve a more successful sale. 1. I shall plan ahead Why sell? …
Selling a Business Using a CRT
July 10, 2014 / in Exit Planning, Sell a Business / by Al Statz
When a business owner decides to sell or transfer ownership, the owner often thinks about achieving the following three post-transaction objectives: 1) being financially independent, 2) taking care of family members, and 3) possibly a donation to a favorite charity. All three of these objectives can sometimes be met by setting up a Charitable Remainder Trust (CRT) – the subject of a recent article by my friend and colleague Darrell V. Arne, CPA, ASA, CM&AA covering …
What is an Earn-out?
June 26, 2014 / in Acquire a Business, Sell a Business / by Al Statz
An earn-out is when part of the consideration received for a business is based on future sales or earnings. Earn-outs usually come in to play in business acquisitions when a business has high risk factors, or when non-linear growth is reasonably expected, or when there is a significant gap in the price expectations between the buyer and seller. In all cases the parties share the risk and reward of future performance. Bridging a Price Gap An …
Private Equity Fact and Fiction
May 20, 2014 / in Exit Planning, Sell a Business / by Al Statz
Private equity groups are active acquirers of closely-held lower middle market companies here in California. Private equity consists of individuals, families and institutional investors that make passive minority investments in partnerships that invest in, provide debt financing for, and operate private companies. Republican presidential candidate Mitt Romney’s run for the presidency in 2012 brought sudden attention to the private equity world. Romney, who had been the founder and CEO of private equity firm Bain Capital, didn’t go …
Is it Better to Own or Lease your Business Facility?
May 5, 2014 / in Exit Planning, Sell a Business / by Bob Altieri
For some businesses, specialized building construction is required — hotels, car washes, wineries, some food processing facilities, etc. — making the business and real estate nearly inseparable, and making owning the real estate almost mandatory. However most enterprises need a more generic commercial, industrial or retail property to support business operations, and the decision to own or lease real property is more elective. Companies that lease their facilities avoid the sizable cash investment associated with …