Sell-a-BusinessSouth Carolina Business Acquisitions

Our Charleston corporate lawyer will help you sell a business and will generally structure the deal as an acquisition or as a merger.  South Carolina business acquisitions are typically in the form of an asset purchase agreement where sellers sell all of the their businesses’ assets, typically free and clear of liabilities. Business acquisitions can also be stock sales. In these acquisitions, the seller sells the business’ or shareholders’ stock, or in an LLC, members’ membership units, and the buyer takes over the business rather than simply selling the business’s assets, inventory, intellectual property or merchandise.

A merger on the other hand, is like a marriage or union of two businesses and shares many characteristics of an asset purchase and a stock purchase, or membership unit purchase for LLCs, but at the end of the transaction the two businesses are combined as one.

A sale of business deal will generally be structured as an acquisition or as a merger. Acquisitions are generally asset purchases whereby sellers sell substantially all of the their businesses’s assets, typically free and clear of any liabilities.

To sell a business, or a merger & acquisition, is to transfer a business or its assets to an acquiring business entity. From a legal and financial standpoint, these business transactions becomes inherently complicated. For example, a small private company wants to sell its existing business to another business or individual.  Even this seemingly straight-forward business transaction is highly nuanced because the business and its assets, including its employees and executives, must be accounted for and legal constraints on its transfer need to be identified.  You must identify whether the contracts are assignable; whether the intellectual property, including trademarks, patents, and copyrights, are to be transferred to the acquiring business; whether there are employment complications; and whether there are tax and accounting issues.

Our Charleston business lawyers, intellectual property lawyers, and team of financial professionals will guide you when the time to sell a business comes.