Company purchases and succession
Lessing | Trebing | Bert help and advise you while selling or purchasing a company and in all questions regarding a company succession. Our lawyers draw your particular experiences with company purchases from a number of liquidation processes, in which we are legally assigned as liquidators.
“share deals” and “asset deals” for the company purchase
The sales or the acquisition of a company come basically in to consideration in the form of the so-called “share deals” or “asset deals”.
A “Share deal” is the acquisition of company shares of the legal share holder. It concerns a legal purchase. Company shares or membership rights are sold. The acquirer takes over the company including the economic difficulties, which have led to the company crisis. The principle applies is, that with the purchase agreement, all those rights and duties of the seller are transferred to the buyer, which are included in the accounting of the company (balance) at the time of the termination of the agreement.
The “transferring rehabilitation” is another form of the company acquisition in the liquidation process. The company is separated from the company owners by means of a so-called “asset deal”. The material or immaterial assets of the company are sold as a package to an acquirer. The rules of the material purchase are applied to the “asset deal”.
Practically, the rehabilitation of a company is carried out, in many cases, by means of a “transferring rehabilitation”. The worthy “healthy” shares of the company are transferred to a new legal share holder; the “impoverished” shares of the company are liquidated.
Risk minimization by extensive consultation during company sale
The sale of a company can serve for the focusing on nuclear competence or, however, the outsourcing of functions for the cost reduction. A company sale can be also sensible for covering the capital requirements of a seller.
Particularly in case of family companies, the sale of the company is also offered for the regulation of a company succession. A company succession can be materialized by
- taking over the majority of company shares or the shares,
- by the means of gift or
- in the way of inheritance succession.
An informal succession regulation by means of a company sale (a so called “family- buy- out”) instead of gifting or inheritance can help to avoid informal conflicts and hereditary legal difficulties.
The takeover of a company offers a number of advantages for the buyer’s side. The company already has a position in the market, products or services have been introduced in the market. An already existing established clientele and strengthened supplier’s relations can be acquired. An experienced staff of the company forms a well-established team.
Lessing | Trebing | Bert offer help and legal representation in all Fields of law in connection with a company purchase or a company succession (Company law, Law of succession or Tax law). When required, or at your wish, we can consult external consultants for economic questions, for example during the assessment of a company. Profit from our experiences with company purchases in liquidation processes and our experienced collaboration with external consultants.
The takeover of a company offers a number of advantages for the buyer’s side. The company already has a position in the market, products or services have been introduced in the market. An already existing established clientele and strengthened supplier’s relations can be acquired. An experienced staff of the company forms a well-established team.
Lessing | Trebing | Bert offer help and legal representation in all Fields of law in connection with a company purchase or a company succession (Company law, Law of succession or Tax law). When required, or at your wish, we can consult external consultants for economic questions, for example during the assessment of a company. Profit from our experiences with company purchases in liquidation processes and our experienced collaboration with external consultants.
