Services

Our team are experts in a range of services. Whatever your business goals happen to be, we can help you achieve them.

See all services

Industries

We have extensive, hands-on experience in a wide variety of industries. Whichever industry you're in, we can help you.

See all industries

How to choose a lawyer for a business sale

Choosing a lawyer for your business sale

Choosing a good lawyer can increase the chances of a successful business sale

Within any business sale, there are two key legal steps which can make or break a transaction. The first is preparing for legal diligence and determining if there are any deal breakers or hurdles which may impact a successful sale. The second step is to prepare extensive legal agreements for a transaction.

These stages can be very delicate, so getting the right legal services is an essential part of ensuring they go smoothly.

For advice on every stage of your business sale, get in touch with Nash Advisory.

Why do you need a lawyer for a business sale?

Mergers and acquisitions law is a specialist and complex field of law which applies to transactions.

Transactions can take two different forms: a share sale or an asset sale. Both require specialised legal agreements that are drafted by the vendor's legal representative. In addition to the main sale agreement, there will frequently be more than ten other agreements or documents that will need to be prepared as part of the sale.

The benefits of choosing the right lawyer

Business owner speaking to lawyers

Get a better outcome from your business sale.

While there are some tasks and documents which can only be prepared by an experienced lawyer, there are many other benefits of having a good lawyer on your side during a business transaction.

Having a good law firm engaged early in the sale process should:

  • Improve the probability of a successful transaction
  • Increase the net financial benefit that the shareholders receive
  • Minimise the risks that you take on as a vendor for the future
  • Reduce the transaction anxiety and headaches that you are likely to experience during the transaction
  • Help you to learn some useful knowledge and skills that may assist you in the future

How do you choose the right lawyer?

There are a limited number of firms in each major city which specialise in mergers and acquisitions law.

For example, the average suburban law firm that deals with property transactions, family law, and small legal matters is unlikely to have the experience or the depth of team necessary to work on a medium-sized business transaction.

Additional complexity of business transactions come from earnouts, deferred arrangements, or transactions where the vendor retains a shareholding for the long term.

The key things to look for in a good lawyer or law firm include:

  • A partner or director with more than 10 years of transactional experience
  • A firm that has worked on small and large transactions
  • A team of at least three individuals in the mergers and acquisitions department
  • The ability to explain key terms and processes in basic language rather than legal speak
  • Any potential conflicts with the logical prospective buyers

Get expert advice every step of the way

At Nash Advisory, we work with many of the leading law firms who deal with mergers and acquisitions transactions in most major Australian cities. We can recommend suitable firms for your business transaction, or we can assist you in finding and assessing your own law firm.

As specialists in mergers and acquisitions, we can help you with every stage of your business transaction. From engaging a specialist law firm to preparing your business, we can provide guidance and advice every step of the way.

Find out how Nash Advisory can help you sell your business.