North Carolina Checklist - Sale of a Business

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US-04096BG
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The sale of any ongoing business, even a sole proprietorship, can be a complicated transaction. The buyer and seller (and their attorneys) must consider the law of contracts, taxation, real estate, corporations, securities, and antitrust in many situations. Depending on the nature of the business sold, statutes and regulations concerning the issuance and transfer of permits, licenses, and/or franchises should be consulted. If a license or franchise is important to the business, the buyer generally would want to make the sales agreement contingent on such approval. Sometimes, the buyer will assume certain debts, liabilities, or obligations of the seller. In such a sale, it is vital that the buyer know exactly what debts he/she is assuming.
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FAQ

How long should due diligence take? If the seller is reasonably prepared and the buyer is experienced, due diligence should take 30-60 days.

Legal Documents Needed to Sell a BusinessNon-Disclosure Confidentiality Agreement.Personal Financial Statement Form for Buyer to Complete.Offer-to-Purchase Agreement.Note of Seller Financing.Financial Statements for Current and Past Two to Three Years.Statement of Seller's Discretionary Earnings and Cash Flow.More items...

The acquired assets usually include all fixed assets (usually supported by a detailed list), all inventory, all supplies, tools, computers and related software, websites, all social media accounts used in connection with the Business, all permits, patents, trademarks, service marks, trade names (including but not

This type of sale involves selling different assets: Tangible: land, cash, investments, buildings, and inventory. Intangible: patents, copyrights, trademarks, and the goodwill of a business that has been built over the years.

What to include in a business sales contract.Name the parties. Clearly state the names and locations of the buyer and seller.List the assets.Define liabilities.Set sale terms.Include other agreements.Make your sales agreement digital.

How to Sell a Small Business in 7 StepsDetermine the value of your company.Clean up your small business financials.Prepare your exit strategy in advance.Boost your sales.Find a business broker.Pre-qualify your buyers.Get business contracts in order.

Due Diligence Checklist - What to Verify Before Buying a BusinessReview and verify all financial information.Review and verify the business structure and operations.Review and verify all material contracts.Review and verify all customer information.Review and verify all employee information.More items...

Below, we take a closer look at the three elements that comprise human rights due diligence identify and assess, prevent and mitigate and account , quoting from the Guiding Principles.

Preparing to Sell Your BusinessGet a business valuation.Get your books in order.Understand the true profitability of your business.Consult your financial advisor.Make a good first impression.Organize your legal paperwork.Consider management succession.Know your reason for selling.More items...?

DOCUMENTS USED IN THE SALE OF GOODS AND SERVICESAgency contract.Distribution Contract.Consignment Contract.Response to propositions.Rejection of business proposal.Notice of unsatisfactory conduct.Rejection of business proposal.Refusal to cooperate.More items...

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North Carolina Checklist - Sale of a Business