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Selling your business: important legal aspects

Mr. Vincent BestersSeptember 13, 2019
Selling your business: important legal aspects

Selling your business is an important decision with far-reaching consequences. Good preparation and professional guidance are essential for a successful transfer.

Valuation and due diligence

Before you can sell, it is important to have a realistic valuation of your business. The buyer will also conduct due diligence research into your company. Make sure your administration is in order and that there are no hidden issues.

Sales agreement

The sales agreement is the most important document in the transfer. It regulates all agreements between buyer and seller, including the purchase price, payment terms, warranties, and liability.

Important clauses

Some important clauses that should not be missing:

  • Warranties and indemnities
  • Non-compete clause
  • Earn-out arrangements
  • Conditions precedent

Tax aspects

A business transfer has important tax consequences. Consider corporate income tax, transfer tax, and VAT. Good tax advice can save you a lot of money.

Conclusion

Selling a business is a complex process. Engage a lawyer and tax advisor early to optimally protect your interests.

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