Our process is designed to generate the highest amount of market exposure without compromising confidentiality. When approaching the sale or transfer of your company, there are various financial, emotional, and legal nuances which should be addressed.
Considerations:
- Business valuation is important. What is your business worth? How is it valued?
- Understanding the market is crucial. How do you “present” the opportunity and attract the right buyers?
- Confidentiality is imperative. How is it maintained throughout your selling process?
- Handling the buyer’s objectives can be cumbersome. What should you expect?
- Offers produce contracts. How do you procure offers?
- Contracts produce closings. How do you ensure that a contract closes?
- Adequate legal protection brings peace of mind. What legal instruments are required to secure your sale?
Scope of Services:
Business Valuation Services
- Perform the adjusted earnings recast using the most relevant financial statements to produce an accurate display (also considering FF&E, IP, inventory, and RE values)
- Review transaction detail reports based on NAICS and/or SIC codes to identify appropriate multiple schedules
- Determine how your offering relates to the current market conditions and configure a mutually agreeable asking price for the company
Market Approach
- Create generic release forms for all marketing platforms (non-identifying advertisement)
- Compile our confidential business report for pre-screened buyers
- Review the offering with our team to effectively identify the aspects of your opportunity
Confidentially Promote
- Upload the release forms on the PBB website and all third-party tested platforms
- Cross-reference our existing buyer data base for immediate prospect matches
- Utilize the PBB weekly email blast (a captive audience of individual, strategic, and institutional buyers)
Handling Buyer Prospects
- Perform in-person interviews with all potential buyer prospects
- Secure NDAs and financial disclosures
- Review the opportunity with all prospects to determine their interest levels & potential objectives
Facilitate Negotiations
- Convey preference of terms and conditions to the prospective buyer
- Assist the buyer with offer preparation
- Deliver all offers (in person) and collectively review at length
Address Closing Requirements
- Assist in working through any contract contingencies; comply with uniform commercial code law, and address any tax clearance issues
- Utilize our third-party closing attorney for all documentation required to consummate the purchase (same attorney acts as the escrow agent)
- Work with all parties involved to determine the appropriate arrangements for a closing
Legal Protection
- Asset Purchase Agreement
- Client & Seller Closing Statement
- Fixture, Furniture & Equipment List
- Bill of Sale of Personal Property
- Covenant Not to Compete
- Warranty to Seller that Purchaser Has Not Acquired Any Liabilities
- Warranty of Compliance of All Laws
- Warranty of the Quality and Quantity of Inventory
- Bulk Sales Affidavit of Title to Personal Property
- Purchaser’s Indemnification Agreement
- Seller’s Indemnification Agreement
- Consent to Use Name
- Allocation of Purchase Price
- Compliance Agreement
- Cancellation of Fictitious Name Registration
- Binding Arbitration Agreement
- Affidavit of Financial Statement Authenticity
- Training Agreement
- Assignment of Contract
- Non-Foreign Person Affidavit
- Tax Escrow Agreement
- Owner Financing Documents
- Consent of the Director in Corporation Action Taken In Lieu of Special Meeting (X 2)
- Transfer of Service Agreement (telephone)
- Transfer of Internet Name & Address
- Certificate of No Lien
- Transfer of Internet Name & Address
- Completion of Services Statement