Buying or Selling a Business

There are two ways to buy a business: asset purchase and stock purchase. The two sets of terms are two sides of the same coin. Both carry different legal implications for buyers and sellers. The lawyers at Fisher Stone have you covered! Let us guide you on buying or selling of a business, company, or corporation in New York City.
 
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Asset Sale

Make sure the right clauses are there to protect you
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Stock Sale

Make sure you know what you are purchasing or selling
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3 Easy Steps

Buy or sell a business with our trusted attorneys

Step 1

Answer questions about your business and your goals.

Step 2

An attorney will draft, review, and assemble all your documents.

Step 3

We will have your closing and continue building your legacy.

Sale of a Company

Becoming an entrepreneur isn’t always a lifetime gig, and the desire to run a company doesn’t necessarily mean you’ll be with the same corporation forever. If you finally get fed up or are just ready to move on, we can help you sell your business in NYC.

Asset Sale vs. Stock Sale

One of the most important aspects of selling your business is recognizing the difference between asset sales and stock sales. You don't want to wake up in a week kicking yourself because you went the wrong direction. We can help you understand which option works best for your particular situation. Here are a few things you should know about each.

Asset Sale

  • Individual assets and liabilities are sold
  • Generally preferred by buyers
  • Possession of legal entity is retained by seller
  • Purchaser buys equipment, goodwill, trade secrets, etc.

Stock Sale

  • Owner’s shares are sold
  • Generally preferred by sellers
  • Portion of legal entity becomes property of buyer
  • Separate and individual conveyances are not necessary
Speaking in generalities, stock sales and asset sales tend to benefit either the seller or the buyer. As with most things online, this is sometimes an oversimplification. Assets such as permits and leases, for instance, can be more difficult to transfer and thus undesirable for buyers. You have to know what you're working with.
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How Sales Benefit Buyers/Sellers

There are a variety of reasons that certain types of sales benefit different parties of the transfer. An asset sale, for instance, provides tax advantages for the buyer, allows them to choose which liabilities they’ll assume and can force minority shareholders to accept terms they may not be agreeable to.

On the other hand, stock sales benefit sellers because they’re able to transfer liabilities without buyers “handpicking” them. Sellers also aren’t forcing their shareholders into deals they don’t necessarily want. Keep in mind, though, that there is no perfect answer. When your contracts, agreements and assets come into play, either of these sales could be ideal for your company.


Legal Help Selling Companies in NYC

As you probably recognize from the above information, selling a company can turn into a complex issue. Between ensuring fairness for all stakeholders and following securities laws, it’s easy to make common errors. The New York corporate lawyers at Fisher Stone can help you avoid these mistakes and get started on your next entrepreneurial step in life.
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Schedule your Free 15-minute Strategy Session

If you have any questions, our attorneys would be happy to answer them for you. Speak with an attorney today.

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