Business Purchases and Sales
Whether you are looking to purchase or sell a business/company, our commercial team can assist every step of the way. The ownership of a business can be transferred in one of two ways, via a share purchase or an asset purchase. We have a wealth of experience in dealing with all aspects of asset and share purchase acquisitions.
Asset Purchase Acquisitions
An asset purchase acquisition is the process of purchasing the assets and goodwill of a business. This is most commonly used where the business being purchased is either a sole practice or a general partnership.
The assets may include either the title of the business premises or a lease of a business premises. If the business premises is leased, the lease will require to be assigned to the purchaser.
An asset purchase acquisition will also include the transfer of any employees of the business, this is known as a ‘Transfer of a Going Concern’. This is where employees of a business have the right to be transferred along with the business under The Transfer of Undertakings (Protection of Employment) Regulations 2006.
Share Purchase Acquisitions
A share purchase acquisition is where the seller is a limited company and it is the company which is being sold and not purely the company’s assets. As a company is classed as its own legal entity there would be no requirement to transfer any assets or assign any leases in favour of the purchaser. Effectively, share purchase acquisitions allow the purchaser to take over the management of the company, with all contracts and assets remaining in the name of the company as its own legal entity.
Thinking of buying or selling a business? Get in touch.
To speak to a member of our commercial team, please call us on 01896 800 800 or complete our enquiry form and we will contact you.
We have offices in Galashiels, Hawick, Jedburgh, Kelso, Langholm, Melrose, Peebles and Selkirk and will be happy to arrange a meeting at any of these locations or we can schedule a video call or telephone appointment.