If you are selling a business, you know it can be a confusing and time-consuming task. The most important issue to address early on in the process is what, essentially, is being bought and sold? Is this an asset sale or stock purchase? In an asset sale, only the asset of the business are transferred to the new owner without a transfer of ownership of the actual business entity. For instance, a buyer typically purchases the majority of the seller’s assets such as equipment, accounts receivable, client lists, and other items.
What Items Are Sold in an Asset Sale?
If you are selling assets to keep your company operations going, businesses will often sell fixed assets when they have no further value to the company. For instance, an automobile manufacturer may sell a piece of heavy machinery once it reaches a certain production benchmark. After this point, the equipment's value may significantly decrease, but it still retains some value for a sale.
Asset Sale Checklist
If you are going ahead with an asset sale, you need a plan of attack. A sale of the assets of a business requires a great deal of documentation. Following is a sample checklist of documents and other items for the sale of the assets of a business when real estate is not being transferred. The Broker or Finder Agreement, Letter of Intent, and Asset Purchase Agreement are normally prepared and signed pre-closing. The contracts making up the Exhibits to Asset Purchase Agreement are normally prepared with the Asset Purchase Agreement and signed and delivered by the parties, along with the other listed documents, at the closing.
Additional Resources
Hire a Lawyer to Help With Your Asset Sale
Asset sales require legal expertise and knowledge of small business laws. You will want a knowledgeable business and commercial law attorney on your side through the process. Speak to lawyer in your area today.
