Business Acquisitions

PM Lee & Co has specialised in business acquisitions and sales since its inception.

Unlike real property, the value in a business is largely intangible in the form of goodwill. Also unlike real property a business is a bundle of legal rights and assets which all operate in harmony to produce the business profit.

It follows, that in order to acquire the business as a going concern we must capture all of those parts and ensure that they will continue to operate in harmony under the new ownership.

This takes a great deal of experience and knowledge in property and contract law. Our lawyers are trained in identifying and capturing all of the rights and entitlements you need to run the business, and ensure they are effectively transferred at settlement.

Our services include:

Reviewing the business itself and all important documents including:

  • The Lease
  • Any franchise or licence
  • Any trademark and intellectual property agreements
  • Key employee contracts
  • Key supply agreements

Once again, unlike real property, there is no central register for business assets and encumbrances. These may range from bill of sale, company charges, equipment leases (which aren’t registered at all), crop liens, trust claims, retention of title claims and the myriad of other possible claims that can interfere with apparently good title.

It is our experience and our comprehensive checklist procedures and documentation which ensure you get good title to all of the assets you need to carry on the business.

For those interested, please read on:

Buying a business – Tricks & Traps

Please call Peter Lee or Graham Knight on 3435 4200 or email peter@plee.com.au if you have any enquiries.