NDHA guides you through the multi-stage process of buying or selling a business.
- NDHA advises you whether to structure the transaction as an asset sale, a sale of the equity interests or a merger of the company being sold into the acquiring company. Some of the factors to be taken into account in making this decision include:
- Whether you are the buyer or seller? Typically, the buyer wants an asset transaction, and the seller wants a sale of the equity interests.
- What type of entities are involved in the transaction? A merger transaction will not qualify as tax-free transaction unless both entities are corporations.
- How much debt is owed by the seller? This question may be difficult to answer. Due to this uncertainty, buyers prefer asset sales.
- NDHA advises you on the tax consequences (tax-free, fully taxable, basis effects and NOL carryforwards) of the transaction.
- NDHA advises buyers conducting due diligence.
- NDHA negotiates, drafts and reviews the documents for a purchase and sale of a business/merger of business.