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La société d’avocats Damy

La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.  

Buying a business involves distinguishing between different fundamental stages. It is necessary to have prepared your acquisition plan before embarking on the purchase and to study the company's situation carefully.

Prepare and define your acquisition project:

Before the start of any operational phase, it is imperative for the buyer to initiate a reflection on his motivations and the objectives of this operation. In fact, professional and personal diagnosis is an essential prerequisite for properly defining the project and presenting it in a well-founded and convincing way to the seller and the bank. It must be checked that the project is realistic in terms of the professional and financial capacities of the buyer.

Obtain basic documents:

You should ask the seller to provide you with various documents about the company: accounting, financial and legal documents. You will have to analyze them with the help of professionals in order to form an initial opinion on the real situation of the company. This phase is fundamental since it can highlight certain difficulties, particularly financial ones. The transferor must also be involved in the negotiation process and the intentions of both parties must be contractualized through a joint letter of intent.

Carry out an in-depth study of the company:

A number of analyses are required to properly assess the company's situation. Audits can make it possible to validate the reality of the figures and information provided in order to highlight the regulatory, fiscal, social and economic risks that must be known to the purchaser. You also have to ask yourself the right questions: is the company dependent on the seller or not? Is the price consistent with current and future profitability? Will the key men stay after the sale of the company? What is the scope of the recovery?

The different legal and financial arrangements:

There are two ways to buy back a business. It is possible to buy back a business, i. e. the buyer buys back customers, the right to lease and the transfer of employees. In this case, the buyer only buys back the assets and none of the liabilities, i. e. the seller's debts. It is also possible to redeem units or shares of a company. In this case, the buyer buys back the customer, the right to lease and the transfer of the employees, but also the debts that appear on the balance sheet, but also any debts that are not shown on the balance sheet and are not known on the day of the sale.

Completion of the sale:

During the negotiations, it is necessary to verify all elements of the agreement between the parties: price, payment terms, scope of the takeover, support for the seller following the sale and retention of the company's main employees. It is important to properly record all these elements in the deeds of sale: deed of sale and complementary deeds.