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Is it possible to sell a business with debts

If you plan to sell a business, but it is in debt, it is important to engage professionals for the best results. Lawyers and accountants, financial advisors, reliable brokers will help you to conduct a successful, correct, legal transaction. Reliable broker to sell business WebsiteClosers offers favorable conditions for you.

Ready-made business – sale with debts

It is common practice to sell a ready-made business with debts and it is important to organize the process correctly. Here it is necessary to comply with legal norms, to minimize the risks for the second party. Here are some useful recommendations:

1. In the case of the sale of a company, a legal entity, the buyer attracts the assets of the company, including debts. To formalize the transaction, shares in the authorized capital of LLC or shares of JSC are sold. The buyer must be ready to assume financial responsibility.
2. If it is planned to sell the assets separately, in this case it is possible to sell the assets of the company, whether it is real estate or equipment, inventory, without transferring debts. It will remain with the current owners of the business.
3. In case of debt restructuring before the sale, it is possible to agree with the seller with justifications for restructuring or partial repayment of the debt. In this way it will be possible to make the business more attractive to the buyer.

It is possible to transfer the debt by agreement. Debts are transferred to the new owner of the business by means of an assignment agreement or other agreement with creditors.

Useful tips

If it is planned to sell an existing business with debts , it is important to remember the following:

1. The new owner assumes responsibility for the company. This may include hidden debts, fines, future litigation. You need to consider the degree of risk involved.
2. Sometimes dues are partially written off or restructured. This improves the financial position of the business. The possibility of debt forgiveness is a great solution.
3. When a business has potential for growth, activity, buying even with debts can be beneficial. A promising business even with debts can be successfully sold.

Dealing with how to sell a business with debts legally here you need transparency, clear conclusion of the transaction. Both sides need to involve lawyers, financial advisors. So it will be possible to assess the risks, comply with the law.

The main stages of the sale

It is worth emphasizing the main important stages of the sale of business with debts:

1. Financial and legal audit. The seller prepares a complete picture of the state of the business. This is the size of the debt, its structure, short-termism. It should also reflect the presence of collateral, prodroshchk or judicial rashzbiratsiya. Assets, net income of the company.
2. Business valuation, taking into account the debts. The value is reduced by the amount of the obligation.
3. Negotiations with creditors. Creditors provide reduction of part of the debts or their restructuring before transferring the business to the new owner.

Conclusion of the transaction. A contract of sale of a share of the company or property complex is formalized.

Successful sale of a business with debts

For many people, the question of how to sell a business with debts and not to remain indebted is relevant and here it is worth highlighting several important points:

1. In order to minimize the risks in the sale, the transparency of the transaction is important. It is necessary to open all financial and legal documents in front of the buyer.
2. The consent of the founders is important. It is worth agreeing on debt transfer or restructuring.
3. Legal support is important. It is necessary to attract specialists to support the transaction.

The buyer's attention should be drawn to hidden debts. It is important to make sure that the company has no registered liabilities, legal disputes, tax debts. Financial stability is important. It is necessary to conduct an audit, to make sure that the company is able to pay debts. It is important to consider legal risks. It is necessary to check the documents. It is necessary to make sure that there are no prohibitions on the sale of business or transfer of debt.

How not to remain a debtor after the sale

If it is planned to sell a company with debts it is important to understand how not to remain owed after the sale. Here are some useful tips:

1. One should sell the business entirely as a legal entity, not the assets.
2. You should transfer the debt to the new owner in accordance with the written agreements of the creditors.
3. It is important to have a properly drafted contract that states the seller's release of the debt.

It is necessary to obtain documents that confirm the transfer of debts, assets to the buyer.

For many it is important to sell a company with debts without consequences and it is real, provided that the full disclosure of all debts to the buyer, obtaining agreements on the obligations of the transfer. It is important to competently conclude a contract of sale, to fix the obligations on debts.