business sales
business for sale – it is an established business process, developed and launched into circulation on the sale of any product design, or the provision of certain services, or the performance of certain works.
Recently, the business environment has appeared more willing to not engage in business development from the moment of its state registration, and buy a ready-made business. Business for sale through fulfillment of legally significant actions. This is the conclusion of various agreements, drafting other legal documents, conducting a legal and personnel audit the company's assets.
The procedure can take place in the following forms:
Buying or selling a unitary enterprise as a property complex.
According to the norms of civil law, the company is a property complex, which is used for business purposes. It includes property, raw materials, products, equipment, payables and receivables, intellectual property, etc.. Enterprise as a property complex may be the object of purchase and sale and other transactions. In this case, the contract of sale of the enterprise, as well as the ownership of it is subject to mandatory state registration.
When the transaction of sale of the enterprise as a property complex will be necessary to conduct a complete inventory of the enterprise. You should also bring a specialist to obtain an opinion on the composition and value of the enterprise, accounts payable. However, to assess the value of the enterprise, and also to make state registration of the enterprise as a property complex, and then transfer of ownership of it.
Buying or selling the company through the reorganization of the legal entity.
This may be the attachment of one enterprise to another, the conversion of the legal entity, allocation, separation, merger.
Buying or selling a stake in the charter capital or shares of the legal entity.
As a result of this transaction is a replacement member of the legal entity. This replacement is made by amending its founding documents, subject to mandatory state registration.
Sale of shares in the authorized capital or shares of the legal entity requires compliance with the statute.
Initially, you must notify the other participants or shareholders of the legal entity, emptive right of purchase. In case of refusal of other members or shareholders from buying alienated share or shares, itself an economic entity has the right to buy them. Only in the case of their failure and the failure of the economic society alienated from buying a share or shares, It allowed their implementation to third parties.
When making such a transaction should be considered, that the share in the authorized capital of a legal person may be sold in the part, in which it is formed party. Also, make sure, that the share or shares free of any rights and claims of third parties, Nobody sold, not donated, were not included, under the prohibition of arrest or not made up, litigation they are not available. Besides, if alienated share or shares were acquired during the marriage, the seller must obtain the written consent of the spouse to alienate them.
This method of sale of the company is most convenient, it does not require significant investment, time and effort.
Giving the share in the authorized capital or shares of the legal entity.
Fulfillment of such transactions possible under certain conditions. In particular, at the legislative level is limited to the range of persons, which can be produced donation. Also, for the implementation of this procedure, you must obtain the written consent of the other participants or shareholders of the company.
Sell ready-made business in the status of an individual entrepreneur (IP)
virtually impossible.
The fact, that all business owner personally decorated him, starting from the registration number. IP – it is the personal status, which can not alienate the other person. In this status, you can only sell your business idea, customer database, Business Plan.
