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Its Time To Sell The Business. But What Are You Selling, The Asset Or The Shares ?

Posted on Friday June 02, 2017

You might think there’s really only one way to sell a business – the buyer makes an offer, the seller accepts the offer, and the deal is done. Easy, but incorrect. There’s a little bit more to it unfortunately, and the main question that interests the lawyers is whether the parties are trying to negotiate an Asset Sale or a Share Sale. So what’s the difference ? An asset sale involves the sale or purchase of part of the business, while a share sale involves the sale of 100% of the company’s shares. Tax is a key ingredient in determining which way the parties transact. Generally speaking buyers will prefer an asset sale because they only want to buy the parts of the business they like. This makes sense. As a buyer you want the opportunity to pick and choose ahead of buying 100% of..

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