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Structuring Gifts and Sales of Business Interests Lighting the Way for Business Owners Throughout Texas

Structuring Gifts and Sales of Business Interests

Texas Business Law Attorneys for Sales of Business Interests

Business opportunities can pop up anytime and in the most unexpected ways. The chance to merge with another company, perhaps acquire a competitor, may come out of nowhere. As could a serious offer from serious people to buy your business. None of these are decisions to be made on the spur of the moment. Impulse buying belongs in the checkout line at the grocery store, not with anything connected to your company.

It’s not just about the details of a merger, a sale, or an acquisition – it’s about sound business sense, emotions, diligence, negotiation, preparation, communication, and planning. The Hopkins Centrich team specializes in assisting clients with the acquisition or divestiture of small to medium-sized businesses in Texas. From corporations, limited liability companies, and partnerships to sole proprietorships, we have helped generations of Texas business owners through acquisition or sale.

Over the years we have been the law firm for a variety of privately-owned companies from tech to software developers, healthcare providers, architectural firms, real estate developers, retailers, restaurants, breweries, CPA firms, and others.

Business Law and Sales of Business Interests

Regardless of the type of transaction, due diligence is critical. At least 11 distinct steps should be followed before finalizing a business purchase.  A thorough examination of the seller's financial records is a vital step, and several examples of records to review include:

  • Existing Contracts 
  • Licenses, Permits, and Registrations
  • Legal Authority Documentation
  • Financial Records
  • Software Documentation 
  • Insurance Policies
  • Leases for Property and Equipment
  • Tax Returns
  • Consultant and Contractor Agreements
  • Employee Files
  • Supplier Lists

Initiating, negotiating, compiling due diligence, structuring, and closing a business deal requires a deep understanding of laws and regulations along with sharp, smart, creative business acumen.

Key Factors to Keep in Mind

Selling your interests in a business requires flawless execution. It requires research, diligence, negotiation, patience, doggedness, a deep understanding of business law, and experience. The Hopkins Centrich team routinely advises business owners on identifying and addressing the initial key factors that influence the business purchase or sale process. Some of these factors include:

  • Inclusion of real estate in the transaction
  • Franchise-related considerations
  • Deciding whether to sell the entire business or only its assets 
  • Establishing the type of business entity 
  • Contingency clauses
  • Necessary changes to governing documents
  • Protecting confidentiality
  • Regulatory or legal concerns
  • Sale price and incidental costs

Then we turn our attention to the issues that must be addressed and/or disclosed before a deal can be completed:

  • Valuations 
  • Debts
  • Pending litigation
  • Worker’s Compensation claims
  • Employee contracts
  • Due Diligence
  • Licensing
  • Project liability
  • Compensation
  • Management
  • Type of entity

These are just a few of the many things to be discovered, discussed, divulged, negotiated, and agreed to.

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  • Big Firm Talent, Small Firm Fees

    Clients get sophisticated legal strategy and deep experience without the overhead, inefficiency, or inflated billing that often comes with large firms.

  • Decades of Experience

    With exceptional experience across business law, disputes, and planning, the firm brings perspective that helps clients make smarter decisions faster.

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    Clients rely on us for clear judgment, honest advice, and the willingness to recommend the right path, which means avoiding unnecessary conflict.

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About Hopkins Centrich

Hopkins Centrich PLLC provides cutting-edge, high-quality, creative legal solutions for business and business owners in Texas.

Our attorneys and staff have decades of experience in virtually every aspect of business law in The Woodlands and Texas. We have designed and incorporated businesses, managed their every legal concern, engaged in litigation on their behalf, aided with mergers and acquisitions, managed mergers, acquisitions, and sales.

Hopkins Centrich knows Texas business law. We are uniquely positioned to help business owners from startup to merger or sale or transfer to family members.

When we work with a client, our sole focus is on them. We take advantage of everything technology has to offer to optimize how we work. That gives us more time to spend with you, more time to understand the issues, and more time to negotiate and prepare for trial.

We get that no one wants to contact a law firm unless they feel they absolutely have to. When they do, it almost always means that ‘things have reached a head.’

The attorneys and staff of Hopkins Centrich understand business. We understand business owners. We will make any legal process understandable; you will know what is happening with your case every step of the way, and you will never have to track us down for answers.

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