Jörg Reimer
Steuerberatungsgesellschaft mbH
Heißbergstrasse 20
52066 Aachen

Telefon: +49 241 16057-0
Telefax: +49 241 16057-50

E-Mail: info@joergreimer.de

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Technical and vocational skills » Aquisition – Business sale

What is the value you calculated for your business?

The problem is not money - of which there is enough if only owned by the right men. 

The acquisition is a form of corporate takeover, which is expressed commonly in a sales contract. With the acquisition agreement a seller agrees to sell a particular company to a buyer. Depending on the corporate form different shape and validity requirements are observed. In general, the sale is carried out either by a so called share deal (purchase of shares), or can be done as an asset deal (purchase of various assets) The acquisition can be divided into the following phases:

  • Strategy and Planning phase
  • Contact and exploratory phase
  • Letter of Intent (LoI)
  • Analysis and negotiation phase
  • Final phase
  • Post-audit phase

The process of a company purchase is determined by characters involved and the characteristics of the company applied. If a buyer is interested in purchasing a company, he mostly expresses this in a letter of intent. This is a (mostly) legally non-binding memorandum of understanding, is the basis of the following negotiations.
Throughout the negotiation course the buyer regularly enforces a due diligence and company valuation. For larger acquisitions, we will consult specialized lawyers and auditors of our network, particularly in very large sales investment banks. When it comes to the conclusion of the business purchase agreement (the so-called signing) and all conditions therein are met, the shares of the company will be transferred to the buyer as part of the so-called closing.

The legal and economic characteristics of the company acquisition vary widely, depending on the size and legal form of organization. The sale of property of a limited liability company or a GmbH & Co. KG, the purchase agreement must necessarily be notarized. If it is a publicly traded company, the requirements of the Securities Acquisition and Takeover Act (WpÜG) are observed. In addition, antitrust issues are to be checked regularly, especially if the company's purchase is subject to registration and notification requirements to the Federal Cartel Office (Merger).

Kontakt:

Jörg Reimer
Steuerberatungs GmbH
Heißbergstrasse 20
52066 Aachen

Telefon: +49 241 16057-0
Telefax: +49 241 16057-50

info@joergreimer.de
www.joergreimer.de