Sale of Business: Are there opportunities?

Sale of businesses










There are many reasons why homeowners may want to sell a business. Moreover, buying a business is sometimes a unique opportunity for the purchaser.


Many of the companies existing in our country were developed in the decades after the Civil War in Spain and their owners have a sufficiently advanced age to not have motivation or strength to continue the "fight" everyday. Sometimes no successors, or they are not interested in the continuity of the company. In these situations, is best to get sell the company, before the above circumstances by, lost "bellows" and finish dragging ruin owners or not being worth anything in the best.

In addition to inheritance issues, There are situations where the duration of the economic crisis, has left the company in extreme situations, illiquid or investment capacity or even, in bankruptcy procedures.

These companies' candidates to be sold "usually have valuable assets themselves, as intellectual property and goodwill.

Where to find interested in buying a business? On the one hand there are other companies in different situations that we discussed earlier, that exploit these assets themselves are valued in virtually "nothing". Goodwill, product portfolio, or marks and industrial properties combined with the structure of another company could generate a lot of value.

Moreover, alternatives for investors are limited: We all know what happens to the real estate market when a crisis hits. Is still very fresh in the minds of investors evolution of the stock in recent years. And if we go to riskless assets, the Spanish bond 10 years is below the 2%. Investment in companies, along with a good profitability, a differential element has over previous: allows the investor to add value. You can contribute their experience and knowledge, assets of all types (tangible or intangible as networking) to increase the value of the investment. This is difficult to do with other types of investments.

The biggest drawback consists possibly buying a business can not be done "to blow click" but need some advisers on sale of businesses join him in the process.

The Sale of businesses may be performed mainly by the company purchasing (or part of their shares to allow control) , asset purchase, or structural modifications (as mergers, demergers or disposals, contained in the Act 3/2009) but sometimes there are other less common ways to achieve the same ends, by some types of contracts such as joint accounts or leases. The use of either formula must be adjusted to each particular case.

In operations Sale of businesses the first phase is the economic analysis, to determine whether the transaction creates value. A know that economic analysis is favorable, is passed to the legal analysis, to determine the most appropriate formula and minimize transaction risks.

Legal Regulation

The Sale of businesses in Spain have no special arrangements but must attend the Civil Code or the Code of Commerce. And for cases of structural modifications (fusion, division or assignment) we will be as provided in the Act 3/2009.

In the absence of special legislation, the basic principle is the autonomy of the parties pacts and freedom enshrined in art. 1.255 Civil Code.

Ultimately, opportunities exist in the Sale of businesses, provided that the process be done with the right advice.

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