Tag: Sales & Dissolutions

Business legal services in Silicon Valley

Always Good to Think Ahead When Selling a Business in California

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Sales & Dissolutions on Friday, October 21, 2016.

One can imagine the tremendous feeling of satisfaction that accompanies building a successful California business from the ground up. For many business owners, there comes a time when it appears that selling a business is the next logical step to take. However, as such endeavors may present various types of challenges, it is typically best to think ahead before diving in.

An important topic to ponder when considering selling a business is that of potential taxes on the income. There is no set tax rate for money earned through a business sale; various factors determine how much the government gets. In addition to personal income, state of residence and purchase price allocation all play into how much tax will be owed.

Patience may indeed be a virtue when it comes to deciding whether to place a business up for sale. If a business has not been up and running for an extended period of time, some say it is best to wait before selling. Potential buyers are reportedly often more attracted to businesses that have long-standing success and well-established histories.

Anyone thinking about selling a particular business in California may also want to consider what the future might hold with regard to the personal and professional journey. For many, spending every waking moment of their recent pasts working to create and maintain successful businesses leaves them suddenly at a loss when it comes to deciding what to do next in life. Crafting a solid plan is advisable. In fact, a business and commercial law attorney is often able to assist company owners throughout the process of a sale, as well as in creating new business plans.

Source: alleywatch.com, “What to Know Before Selling Your Business“, Mark Daoust, Oct. 10, 2016

If your business is contemplating or already involved in the purchase, sale or merger of another business, please contact the Law Office of Lynnette Ariathurai. We provide professional business legal services for clients in Fremont, Hayward, Union City, Castro Valley, Milpitas, or Newark, CA,

business planning, Sales & Dissolutions, sell a business in california

Legal Challenges Not Uncommon When Selling a Business

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Sales & Dissolutions on Thursday, April 7, 2016.

There are any number of reasons why a California business owner may decide to relinquish ownership by selling a company. Often, legal challenges arise during the process of selling a business that may be best addressed through sound and experienced legal counsel. Sellers and buyers often have very different perspectives regarding potential deals, and sellers often want to make certain that the appropriate valuations are assigned to their businesses before allowing ownership to change hands.

There are various factors to consider when attempting to value a business. The most obvious is to add up all company assets to calculate a selling price. Both net and future potential incomes may also be considered when determining how much a business is worth. The bottom line is that business owners want to protect their interests when determining fair selling prices for their companies.

A business owner often obtains a professional valuation before negotiating a sale. As the process unfolds, at some point, a contract must be drafted requiring signatures of both the seller and buyer in order to finalize a sale. It is crucial to clarify all legal terms, obligations and fine print details in a sales contract to avoid possible disputes from arising.

Anyone selling a business in California who wants to discuss the matter with a business and commercial law attorney can do so by contacting a law office in the area to request a consultation. There are many ways in which an experienced attorney can be of service to a business owner during sale negotiations and contract resolutions. Whether assistance is needed to properly value a business, clarify state law or negotiate a contract dispute, a first logical step to take to resolve such issues would be to seek guidance from a local attorney.

Source: bizbuysell.com, “How To Value A Business“, Richard Parker, Accessed on April 6, 2016

business valuation, Contract Disputes, Sales & Dissolutions, selling a business in california

Lay It All On The Table When Selling a Business

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Sales & Dissolutions on Monday, March 21, 2016.

Businesses change hands all the time in California and throughout the nation. Typically, every company owner’s reasons for selling a business are unique to an individual situation. Various legal challenges may arise in the course of such transactions that are best dealt with alongside experienced guidance.

Business owners are advised to “lay it all on the table” when discussing deals with potential buyers. Otherwise known as “full disclosure,” it is often best to be upfront in terms of any troubling issues that may affect a prospective buyer’s decision. Being honest regarding any flaws that exist within a business provides the clarity a potential new owner needs to make informed choices.

Some experts say that being transparent and sharing the bad along with the good helps build trust and credibility that can boost negotiations. Consequently, trying to conceal negative business details may actually backfire and prevent a deal from taking place at all should a buyer learn that a current owner was less than forthright when providing information. Details about inventory backlog, financial crises or any number of other important issues may impact a potential buyer’s decision.

Depending on the size of a California company and various other issues involved in selling a business, an owner or potential buyer may find it helpful to seek assistance from a business and commercial law attorney before negotiating a deal. An experienced lawyer can help make certain that the client clearly understand the legal terms and obligations included in a business sale contract. Allowing an attorney to act on one’s behalf often ensures that one’s business interests are protected and all available options are explored to accomplish immediate and long-term business goals.

Source: postcrescent.com, “Go ugly early when selling a business“, Scott Bushkie, March 12, 2016

backlog, business sale, inventory, Sales & Dissolutions, transparency

Checklist for Business Dissolution Can Help Ease the Process

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Sales & Dissolutions on Thursday, December 4, 2014.

When a company owner decides — for whatever the reason — it is time to close up shop, something that seems should be such a simple process can actually be quite complex. Certain guidelines for business dissolution may apply, and those that do must be followed to ensure a smooth completion of the process. Creating a checklist of all procedures that apply to California businesses can provide owners with a simple and straightforward guide, which can be used to ensure everything is handled appropriately.

The size of a business can certainly change the number of steps that must be followed before doors are officially closed. Owners of large corporations or bigger businesses simply may be required to handle more than those of smaller companies. However, there are some procedures that are required regardless of company size, some of these could include:

Filing appropriate IRS forms
Collecting assets
Resolving debts
Publishing notice of intent to dissolve
Filing any necessary documents with the state tax authority

These procedures are just a few of many that may apply to closing out certain businesses. An experienced business law attorney can help by providing a list of state requirements that are specific for any business type. Along with providing assistance in creating a procedural checklist, an attorney can ensure all legal bases are covered so business owners can close out their company with as few legal issues as possible.

Business law attorneys are available to help company owners in California through every stage of business ownership — from opening and operating to closing up shop. While business dissolution can be complex, it doesn’t mean the whole process has to be a nightmare. Creating a procedural checklist and seeking legal assistance, when needed, can make the process easier to handle.

Source: FindLaw, “Dissolution and Winding Up Checklist“, Dec. 4, 2014

closing a business, Sales & Dissolutions

Business Dissolution May Not Be Bad News in California

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Sales & Dissolutions on Tuesday, December 10, 2013.

Usually, when a business shuts down it is bad news for the company, its owners and its executives. This generally means that the business did not produce enough profit to survive in California or in any other state. However, one company’s recent business dissolution announcement is actually being received as good news by many in the company as well as the company’s business partners.

The company, American Car Care Centers Inc. (ACCC), is one of the largest groups in North America that is designed to serve the interests of tire dealers. The company recently announced that it will dissolve the business organization by the end of Jan. 2014. The marketing organization represents 16 tire dealer companies, which are also considered shareholders in the corporate entity.

ACCC stated that changes in industry dynamics prompted the board of directors to dissolve the company. However, the company’s President and CEO explains that the decision to end the business is a sign of success. He said that the decision to dissolve is based upon member distributors outgrowing the organization’s structure. Therefore, the member distributors have benefited from being involved in the organization, which means the ACCC succeeded in its mission.

On the other hand, companies in California or in any other state which decide to initiate business dissolution usually do so because they were not able to turn their struggling businesses around for one reason or another. Many times this is caused by drastic changes in the economy which may be out of the hands of the business owners. However, this also does not have to be bad news since this will allow the business owner to move on to the next chapter in his or her life.

Source: Tire Business, ACCC to dissolve; group’s member distributors ‘outgrow’ structure, Dave Zielasko, Dec. 6, 2013

closing a business, Dissolution, Sales & Dissolutions