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Asset & Stock Purchases/Sales

Miami Business Law Attorneys

When buying or selling a business, one of the key issues to consider is how to structure the acquisition. Two of the primary methods are purchasing business assets or purchasing shares from existing shareholders. Depending on your specific needs and goals, each method may offer specific advantages and disadvantages. These should be carefully considered as each have specific benefits and ramifications for the seller and the purchaser.

As Miami corporate lawyers with over four decades of combined experience, we are here to deliver sound representation and guidance related to the sale of your business or purchase of another company. Edelboim Lieberman Revah Oshinsky PLLC can effectively guide you through the acquisition or sale of a business to protect your interests.

Contact our team at (305) 712-6097 for a confidential, free consultation.

Advantages of Asset Purchases/Sales

With an asset purchase or sale, the buyer purchases specified assets and liabilities. An asset purchase can offer the following advantages:

  • Greater flexibility in determining which assets and liabilities to purchase;
  • The ability to avoid assuming certain liabilities, minimizing risk;
  • Potential tax savings; and
  • Avoiding the acquisition of any unwanted aspects of a business.

Asset purchases can be complex because they may require third-party authorization in order to transfer title, they may be time-consuming as the seller and buyer negotiate to determine which assets and liabilities will be transferred and there can be other legal ramifications for the buyer and seller. Therefore, when buying or selling the assets of a business it is very important to be represented by effective counsel that has experience with such transactions.

Advantages of Stock Purchases/Sales

A stock purchase or sale involves the buyer purchasing shares and therefore ownership in the company, assuming all liabilities and assets. A stock purchase can offer the following advantages:

  • Assets do not need to be retitled in the name of the buyer;
  • An easier and less time-consuming acquisition, unless there are a large number of shareholders or there are minority shareholders that are opposed to the transaction; and
  • Avoiding some or all of the tax implications associated with asset sales.

Call a Miami Corporate Lawyer at Edelboim Lieberman Revah Oshinsky PLLC

For experienced counsel to ensure the protection of your interest as a buyer or seller, contact our Miami business lawyers at (305) 712-6097.

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