Motiva Business Law

Attorney Danya Shakfeh

Deciding If Business Acquisition Should Be Asset Sale or Stock Sale

 Recently I was handed a buyer-side executed LOI with the words throughout the LOI “asset and/or stock purchase agreement. Face. Palm. Asset and stock sales make both very different legal and financial assumptions, including as to the purchase price. Due to the nature of the business, the parties ultimately agreed on a stock sale. During negotiations, […]

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What Kind of Lawyer Do You Need For Your Business?

 What kind of Florida business lawyer do you need for your business? There are two types of lawyers: 1) transactional business lawyers and 2) business litigators. If you are starting a business or negotiating a deal, then you want a transactional lawyer who is strong in negotiations. If you have a dispute, then you should

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Is co-Owning a Licensed location an Exemption to the Franchise Rule?

I get asked a lot by business owners who want to know if they can open another location of their business while co-owning it with someone else, and licensing the business model, in order to go around the franchise rule to avoid providing the franchise disclosure documents to franchisees. However this approach does not create

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What Liabilities Could a Business Buyer Inherit In an Asset Sale Versus a Stock Sale?

loi mistakes

What Liabilities Could a Business Buyer Inherit In an Asset Sale Versus a Stock Sale? When buying a business, a buyer should fully understand what liabilities may be inherited from the seller as a result of the transaction. This is important in order to effectively structure the business purchase agreement and conduct appropriate due diligence.

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What are the legal advantages and risks of an asset purchase vs. a stock purchase?

asset sale vs stock sale

What are the legal advantages and risks of an asset purchase versus a stock purchase? The legal advantages and risk of an asset purchase versus a stock purchase depends on the type of business being purchased, the business model, and tax issues. Before learning the advantage and risks and of each type of purchase, it

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Who Pays for a Purchase Agreement When Buying a Business?

Who Pays for a Purchase Agreement When Buying a Business? Typically, the buyer brings the proposed purchase agreement. This means that the buyer “pays” for the purchase agreement. However, a business acquisition is much more than just who writes the contract. A business acquisition involves due diligence, negotiation, and proper protections and disclosures. For this

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What Kind of Lawyer do I need for My Small Business?

Florida business corporate lawyer

What kind of lawyer do I need for my small business? The kind of Florida business lawyer you need for your small business depends on the issue you need. There are two types of business lawyers, transactional lawyers and litigation lawyers. Transactional lawyers, sometimes known as corporate lawyers, specialize in matters involving transactions where there

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Why You Should Hire a Business Attorney Before Signing the LOI

Hire a Lawyer for LOI

Buying or Selling a Business in Wesley Chapel or Greater Tampa? Why You Should Hire a Business Attorney Before Signing the LOI If you are buying or selling a business in Wesley Chapel, Tampa, Lutz, Land O’ Lakes, Zephyrhills, New Tampa, Brandon, Clearwater, St. Petersburg, or the greater Tampa Bay area, one of the most important

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