Asset & Stock Sale2021-12-09T16:10:28-05:00

Smart Counsel for Asset Sales and Stock Sales

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Speak with an attorney about your business sale or business purchase by entering your phone number below to receive a callback.

Buying or Selling A Business

CHOOSE WHETHER YOUR WILL BE PURCHASING OR SELLING

Buying a Business

If you’re purchasing an existing business, we can guide you through the entire process and set you up for continued success

Selling a Business

If you’re selling your business, our team can ensure you exit without any unforeseen issues or complications.

Ready To Speak to An Attorney?

Step 1: Speak with one of our attorneys.

Step 2: We handle every step of the deal.

Step 3: The sale goes through and the deal is done!

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Fisher Stone Handles Each Business Sale With Confidence And Care.

Attention to Detail

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Our lawyers spend time and effort ensuring there are no costly mistakes being made.

Guaranteed Service

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We guarantee you will be satisfied with our work. Every process and service we provide has been optimized for your peace of mind.

Responsive Service

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You want attorneys that work for you and work with you, so we will be available to you, not dodging your calls.

Asset Sale vs. Stock Sale

LEARN THE TWO DIFFERENT TYPES OF BUSINESS SALE

Asset Sale

With an asset sale, you don’t have to take on the company’s existing debts or liabilities, such as lawsuits or violations. This point is not a given and may vary deal to deal.

Asset sales allow for the purchaser to re-depreciate particular assets, which could lead to lower taxes in the future. A stock sale doesn’t allow this

The business that owns all these assets being purchased remains with the seller. The new business can then use the assets without existing contracts, agreements, or debts holding it back.

An asset sale doesn’t have to be for the entirety of a business’ assets, so the buyer can purchase select assets, should the seller agree.

Because the business entity isn’t being purchased, contracts and leases may be harder or even impossible to renew.

Those buying a business often prefer an asset sale because it gives them more freedom and power in the transaction.

Stock Sale

The business owners sell their shares of the company to the purchaser, which includes all the company’s assets and liabilities.
Either a portion or the entire business comes into possession of the buyer. From there, the seller has no ownership claim in the business.
Because the business holding the assets have been sold, the individual assets don’t need to be transferred. They are already owned by the business, now under new ownership.

Because there is no change in assets or business structure, daily operations are typically not affected much. Contracts, leases, and employment agreements can remain intact if the buyer chooses.

Certain stock sales can qualify for tax-free reorganization.
The stock sale is chosen by most sellers because it takes all the responsibility out of their hands, and all possible debts or liabilities with it.

Which type of sale is better for my business?

Ask these entrepreneurs about their experience…

5 gold stars

“Day One”

Fisher Stone has been with our company since day one. Whether it’s company formation, fundraising, partnership agreements, board agreements, buying a business, or any other situation that has arisen, Fisher Stone has been there to help us navigate accordingly. They are truly a partner for our organization.

Paul Miser
5 gold stars

“Nice”

Super helpful and nice on the phone. All around everyone in the office was nice and professional.

Courtney On Cue

Frequently Asked Questions

If you are looking to buy or sell a business and have questions, please look through these FAQs. You should also schedule a strategy session with one of our attorneys to ensure you understand the entire process. 

Do I need to form a company in an asset sale?2021-03-04T10:58:41-05:00

If you don’t already have a business entity that is purchasing the assets in an asset sale, we highly recommend that you do. Having a business entity separates the assets you acquire from your personal assets.

Will I need new licenses?2021-03-04T10:58:20-05:00

Depending on whether you chose an asset sale or stock sale, you may need to apply for new licenses, amend existing licenses, or transfer the licenses. This varies case by case and is a great example of why you need a diligent business attorney or your side.

What assets are included in the sale?2021-03-04T10:57:48-05:00

This is for the buyer and seller to determine. In a stock sale, the entirety of the business and its assets are included in the sale. In an asset sale, certain assets can be excluded or omitted at the buyer’s or seller’s request.

How long does an asset sale or stock sale take?2021-03-04T10:57:24-05:00

Typical asset sales and stock sales take between 30-60 days. This number isn’t absolute since a sale could theoretically take place in a day, or a sale could take longer than 60 days.

Have An Attorney Answer Your Questions