Legal Representation in Business Purchase or Sale
Every purchase or sale of a business is complex. No matter the size of the business is question, the careful buyer or seller has a long list of considerations to review to ensure that the deal is prudent and secure.
For both the buyer and the seller, the wise course of action is to obtain legal and financial advice early and often throughout the transaction. Early questions include the best way to structure the transaction, crafting a transaction timeline that works for all parties, and establishing sources of financing. A legal adviser will monitor the transaction as all documents are reviewed to complete the due diligence requirements. Finally, in the event the deal sours, it is important to have a seasoned business lawyer on board who is familiar with the history of the transaction and who can represent your interests in mediation, arbitration or a civil lawsuit.
Mooney McGinn LLP
Offices in Cambridge and Danvers, Massachusetts
Cambridge 617-245-8080 | Danvers 978-767-4221
E-Mail
The Massachusetts law firm of Mooney McGinn LLP has a well-developed commercial law practice. Our attorneys have advanced degrees in taxation, and practical business and finance experience, which places Mooney McGinn LLP in an excellent position to guide business clients of all sizes through business purchase or sale agreements.
Financial Analysis to Determine the Best Way to Structure the Deal
Whether you are the buyer or seller, you need to know — above all else — what type of deal structure will best meet your short-term and long-term financial needs. With in-depth taxation and financial knowledge at our fingertips, we analyze the complete financial picture in order to provide clear and current advice regarding the most viable method of structuring the purchase or sale of the business:
- Merger or acquisition
- Tax-free or taxable
- Purchase or sale of corporate assets or stock
- Consolidation
There are reasons to make a transaction taxable, including obtaining higher deductions from a step-up in basis. There are also advantages and disadvantages to buying or selling stock versus assets, and acquiring versus merging with a target. The correct course of action will depend on who we represent and the circumstances and assets involved.
Mooney McGinn LLP has particular experience with international business purchases and sales. In one recent transaction, our attorneys represented an international consulting company on the tax-free acquisition of a competitor, liaising and coordinating with German, Japanese, United Kingdom and French legal counsel, and managing the migration of our client to Delaware for German tax reasons.
Complete Legal Services for a Business Purchase or Sale
The potential legal and financial pitfalls of a deal to purchase or sell a business do not end when the due diligence checklist is complete. The attorneys of Mooney McGinn LLP stay with our clients until every last agreement has been finalized and performed. We write and review consulting agreements, non-compete agreements, new commercial leases, new employee handbooks and contractor agreements, and all other legal documents necessary to finalize the transaction.
Contact Mooney McGinn LLP
Mooney McGinn LLP has two Massachusetts offices to serve our clients - in Danvers and in Cambridge. We offer an initial phone consultation to all new clients.
Call our attorneys in Cambridge at 617-245-8080, in Danvers at 978-767-4221, or contact us by e-mail via the Contact Us page.
