Mergers

Business Transactions

Business transactions include the following: an asset purchase of a business; a purchase of a percentage membership interest in an LLC or stock in a corporation both of which are purchases of assets subject to liabilities; the division of a partnership or LLC where each partner or member is allocated his or her assets and liabilities; and a merger of two business entities. Business transactions can also be the acquisition or sale of commercial real estate, sometimes subject to a tax free exchange…

Purchasing or Selling a Business

In today’s world, most purchases and sales of businesses are of business assets, not stock, and it becomes imperative to know exactly what the business assets are. It is also important to know if the assets have been pledged as collateral for a loan, and whether they are owned by the business or leased by the business. Three recent problems come to mind with respect to the value of the business assets.