Preparing a business for sale, or to receive investment

We are often asked to work with a company or a business to make it ready for sale or to receive an incoming investment, whether by equity injection or by way of a loan.

 

You may be thinking of selling your business, or you may be about to enter into a joint venture arrangement or merger with another company. In any of these circumstances, you will want to know that your business (and we use the term business to include an unincorporated activity or a limited company) is in a well ordered state. The work that we would, subject to your requirements, perform in this process is as follows:

investigatory services

1. Prepare a summary of the history of the business

2. Outline its tangible assets

3. Review (and, if necessary, bring up to date) any intellectual property registrations (trademarks, service marks, patents, patent applications) and analyse licensing arrangements

4. Prepare a summary of any litigation, or threatened litigation, with an accurate description of the stage reached and the potential exposure

5. Ensure all Companies Registry filings and accounts are accurate and up to date

6. Prepare a schedule of all freehold and leasehold property together with up to date local authority searches

7. Review regulatory issues – PRA or FCA filings, data protection registration and compliance, local authority trading licences, specialist approvals or licences

8. Review employment matters including preparing a summary of senior staff contracts, employees’ terms and conditions and consultancy arrangements

9. Analyse and summarise long term or strategic trading agreements

10. Review standard terms of business and privacy policy

11. Review of accounts and tax affairs

12. Investigation of pension arrangements and compliance

13. Review and summarise insurance arrangements

14. Review IT and disaster recovery plans

15. IT and disaster recovery plans

Your purchaser or investor will carry out his own due diligence, and time can be saved (and much confidence in the process engendered) by having an information pack include some if not all of the above ready for him at the outset.