Business Sales & Purchases

RMB with Johnston Tobin Solicitors are experienced with the sales and purchases of a wide variety of businesses whether by straight purchase or transfer of shares all carried out in a cost effective and efficient manner to allow you to take over or sell with as little disruption as possible.

The apportionment between the value of good will of a business and that of stock and equipment is vital when it comes to capital gains tax and even GST. It is essential to ensure the correct drafting of contract terms and special conditions when acting for Vendors and even in the case of acting for Purchasers you need to make sure the contract accurately reflects the deal agreed.

Even transactions involving small businesses needs to have the Terms of Agreement set out in such a manner so that each party is clear on the ‘deal’ which can save a dispute ruining what may have been a profitable venture. RMB with Johnston Tobin Solicitors have experience with a large range of taxes and duties that effect businesses and can provide advice throughout the transaction to ensure there are no hidden costs, fees or charges that may arise after the matter has been settled.

Effective restraint of trade provisions for a retiring Vendor are essential to a Purchaser to retain the value in the business and the good will component at the highest level to avoid loss of profits and to provide a sound start to your new business operation.

Just as important is to ensure the location the business is to be operated in has all the necessary approvals whether Local Council or other government departments are involved to ensure you have a right to operate the business in its present format in the location it is in.

Dealing with the Landlords of properties at an early time and negotiating lease terms or amendments to current leases is a vital part of this type of transaction. Often a business is founded on the location and customers knowing the location they can obtain a particular product or service and the necessity to move can be fatal. Building up experience in the business which may include initial training and the obtaining of all necessary details from suppliers, client lists and other intellectual property rights is paramount to your continuing effectively in future.

RMB with Johnston Tobin Solicitors have a broad range of experience with a wide range of businesses to support you in your new endeavour.

Have some questions? Need advice? Get in touch with us!

Contact us by phone on (02) 4428 6000, email us at rmb@rmblawyers.com.au or visit our office at Suite 1, 26 Berry Street, Nowra NSW 2541.