Selling a Company in 2023

Reading Time: 3 minutes Why one should think about what could go wrong when negotiating a buy-out

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Reading Time: 3 minutes

There are plenty of columns on the internet talking about the steps you need to take when structuring a company sale. Company Valuation is an essential and well-rewarded skill from a financial advisor. If you’re in the process of a job search, you can find your dream finance job through Lensa. There are plenty of ideas on the steps one should cover. No doubt, you can use the soft and analytical skills you have to find relevant tasks. But from all the different Google searches, the points are missing on how to safeguard yourself in case the deal falls through.  Selling a company is a significant and intricate endeavor for entrepreneurs that demands meticulous planning, comprehensive preparation, and a profound comprehension of the process. To find out more about business for sale be sure to visit Nash Advisory. This article delves into the crucial aspects one must be aware of when selling a company, furnishing invaluable insights to effectively navigate this consequential undertaking.

Having engaged a broker, one might assume that the broker has the experience and your best interest at heart. The broker will likely lay out a series of offers and, to show skin in the game, tie his/her fees to the sale. This is naive. One can easily forget that whether the deal works or not, the broker is looking for fees. Even so, there are ways to cover unexpected costs.

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What happens if, under a time constraint to replace an investor, the chosen suitor bails in the 11th hour, forcing the other shareholders to buy out the exiting partner’s shares? Most broker agreements talk about payment on the sale and do not consider that in this situation, the remaining partners, far from being compensated, instead had to dig into their own pockets. 

Similarly, a broker might recommend enticing staff to over-perform to help with the sale of the company. Imagine, in the above scenario, how, having lost the buyer and having to, say, use the company to buy out that exiting shareholder, staff are still entitled to their bonuses.

When constructing a contract, the lesson is, do not rely solely on the broker(s) and expect them to promote a good deal for you and those selling out. Assume the worst-case scenarios and then revisit the agreements offered to see how they would play out. If the sale fails, the broker, too, should feel the pain, not somehow be the only party to gain.

This scenario is one of the reasons why company owners need to know the value of their company before selling it or asking for help from a company broker. This is to protect themselves from the broker and to get the best sale offer from the seller. If you have no idea about the value of your company, you can learn to identify its value by watching investment videos, which can provide valuable advice on how to value a business and what factors to consider when selling. However, keep in mind that investment videos are not always accurate or up-to-date, and they may not fit your exact situation. So, do your research and talk to a qualified expert before making any big business decisions.

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There are plenty of stories of failed mergers. Sure, you are probably not at the same scale, but the issues that befall the big mergers have parallels in smaller deals. It is worth a few hours to think through whether some of these scenarios could befall your sale. 

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Finally, look at this the same way you might think through other stressful tasks like negotiating a salary, where after the fact, one will realize the simple things that could have been done to avoid a mistake.