Business Acquisition Lawyer
Lawyer for Business Acquisitions
Mergers and acquisitions are significant growth opportunities that require acute attention from the initial negotiation to closing. Buying or selling a business can be a complex process that demands following specific procedures to be a worthy investment.
At Motiva Business Law, we will handle your business transaction so you benefit from a smooth and quick transition. We will help you draft a letter of intent, conduct due diligence, and handle the purchase agreements and legal documents that are essential to protect your investment.
With over 12 years of experience in M&A law, our acquisition lawyers counsel Chicago business owners on a wide range of business transactions, such as buyouts, mergers, spinoffs, joint ventures, strategic alliances, takeovers, and cross-border transactions. We handle matters for businesses from various industries, including technology, hospitality, professional services, consulting, manufacturing, construction, business services, and transportation.
We serve businesses in Oak Brook, Burr Ridge, Naperville, Hinsdale, Lombard, Addison, Downers Grove, Oak Park, Darien, Chicago, Lisle, Westmont, Willowbrook, Clarendon Hills, and the Chicagoland Area.
Motiva Business Law Offers
- Letter of Intent to Purchase (LOI)
- Term Sheets
- Purchase Agreements
- Due Diligence
- Negotiation
- Guidance through Closing
Legal Assistance Throughout the Business Acquisition
A successful business transition requires multiple legal, financial, and tax implications, and you should only trust an experienced business acquisition lawyer to structure your M&A deal. We will ensure that your business objectives are aligned with the purchase and that all the risks associated with the purchase are addressed.
Our business acquisition attorneys advise both sides of a business transaction to ensure they make decisions that work in their best interest. From creating a strategic framework, drafting the letter of intent, conducting due diligence, drafting contracts, and closing the deal, we pay close attention to each phase of the transaction.
Experience the Benefits of Working with Motiva Business Law
- Deal Structuring: our Mergers and Acquisitions attorneys will devise a strategy to conduct the transaction, adapt the framework to your convenience and business objectives, and coordinate a team of business brokers, financial advisors, or other agents to assist in the M&A deal. We will also work with your accountant to ensure you receive the best tax advantages.
- Letter of Intent: LOIs are essential for a business purchase, as they are the backbone of the deal. That’s why our team will ensure that the deal’s structure benefits you.
- Due Diligence: conducting due diligence ensures that the business you want to buy will be profitable. We will inspect the target company in-depth and look for any risks associated with your purchase. Additionally, our business lawyers will ensure that you will only move forward with the negotiation once you know exactly what you’re buying and the implications of the transaction.
- Contracts: our team will draft, review, and negotiate any contracts required to safeguard your investment. From confidentiality agreements to employment contracts or purchase agreements, we will add the exact provisions to mitigate potential risks or financial impact after the acquisition. Furthermore, if necessary, we will negotiate escrows or earn out agreements to ease the closing process.
- Corporate Governance: we will handle the necessary arrangements to restructure the new business entity and address the required procedures to determine the rights and responsibilities of the organization’s board of directors, owners, and shareholders.
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What Our Clients Say
Business Acquisition FAQ
It is better to consult a business acquisition lawyer sooner rather than later. A business acquisition lawyer can help you negotiate better terms and you will avoid tight deadlines and avoid delaying the closing due to last minute hiring of a lawyer.
It depends. Typically, buyers prefer buying assets and sellers prefer selling stock for tax and liability purposes. Smaller deals usually benefit from being asset deals. The buyer also wants to consider if important contracts can transfer to a new company if the buyer is buying only the stock. Consult your business attorney.
A bulk sales notice is part of a buyer’s due diligence to make sure the seller does not owe taxes that would transfer to a buyer — even in an asset sale. The parties notify the Illinois Departments of Revenue and Labor to get a clearance letter for taxes. Additional rules may apply.
A buyer can put a non-compete clause in the purchase agreement. Some people think non-compete agreements are not enforceable because of the laws related to employees. However, in the context of buying a business, non-compete clauses are enforceable.
A buyer can keep the employees, but the employees are probably not obligated to stay employed. Buyers or sellers often pay employees retention bonuses to incentivize the employees to stay, especially if there is a transition period.
Generally, there is nothing that prevents the seller from selling the business to another buyer while you are still negotiating your deal. However, a buyer can offer a letter of intent (LOI) with a “no-shop clause” or put down escrow funds to hold the seller from selling to another buyer.
Due diligence is when a business buyer examines the financials, marketing, assets, and liability of a business. A buyer will typically send a list of requested items for the seller to provide. The buyer will make the purchase contingent on the buyer being satisfied with due diligence. Doing your due diligence also protects a buyer if the buyer needs to sue the seller in a breach.