Handing over a business may involve the sale of your shares, but it may also involve the sale of part of the assets, held either as an individual or as a company.
Goodwill refers to a set of assets used by a company to carry out an activity supplying products or providing services for the benefit of a clientele.
This set of assets includes assets of various kinds (such as customers, operating tools, current contracts, receivables or leases).
Our assistance covers the following:
- Initial diagnosis:
- determining the wishes of the transferor
- assessment of the implications, advantages and/or disadvantages of selling the business instead of the shares.
- Identification of the elements forming part of the goodwill
- identification of restrictions on transfer of agreements (some agreements may contain clauses prohibiting assignment)
- Coordination with other advisors to the transferor
- Determining and negotiating the usual clauses (price and financial terms, guarantees, suspensive conditions, etc.)
- Drafting of the agreement
- Notification of the proposed transfer of the business to the lessor.
- Assistance in obtaining certificates
- Follow-up of obligations related to the closing (e.g. registration of the intellectual property that may have been transferred, transfer of ownership of the building associated with the business, if applicable, etc.)