Chicago Business Acquisition Lawyer
How an Attorney Can Help With Your Business Acquisition
Mergers and acquisitions involve many steps and can be complicated. At Motiva Business Law, we make this process easier for you from start to finish. We help with everything from drafting a letter of intent to handling all necessary legal documents.
Buying a business is a very big decision that calls for a variety of advisors and experts to ensure the business acquisition is a good deal and the deal itself goes smoothly. We help our clients through the whole process from the LOI stage through closing.
An Illinois business acquisition lawyer will help you assess the value and risks of the business. In addition, we will negotiate your purchase agreement, get your tax clearances from the Illinois Department of Revenue and Illinois Department of Labor, and conduct your legal due diligence to mitigate any risk from the acquisition.
With over 12 years of experience, our lawyers assist Chicago business owners with various transactions, including buyouts, mergers, spinoffs, joint ventures, and cross-border deals. We work with businesses in many industries such as 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
Local Support Throughout The Business Acquisition Process
A successful business acquisition involves legal, financial, and tax considerations. Trust our experienced lawyers to manage your M&A deal, ensuring your business goals are met and all risks are addressed.
We advise both buyers and sellers to make decisions that serve their best interests. Our services include creating a strategic plan, drafting letters of intent, conducting due diligence, drafting contracts, and closing the deal.
Experience The Benefits Of Working With Motiva Business Law
Deal Structuring: We develop a strategy tailored to your business goals and coordinate with brokers, financial advisors, and other agents. We also work with your accountant to ensure optimal tax benefits.
Letter of Intent: A letter of intent is one of the most important parts of the equation. We work hard to make sure the letter of intent is structured to benefit you.
Due Diligence: We thoroughly inspect the target company to identify any risks, ensuring you understand exactly what you’re buying before proceeding.
Contracts: We draft, review, and negotiate contracts to protect your investment, including confidentiality agreements, employment contracts, and purchase agreements. We can also negotiate escrows or earn-out agreements to facilitate the closing process.
Corporate Governance: We handle the restructuring of the new business entity and ensure all procedures are in place to define the roles and responsibilities of the board of directors, owners, and shareholders.
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What Our Clients Say
Chicago 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 be transferred 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 not necessarily 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 while negotiations are ongoing.
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, and the buyer can show a court that it requested due diligence and the seller breached.