Category: Corporate & Business law
Buying an Operating Business – Step 3. Closing Day is upon us! And what happens after that?
November 6, 2025 | Carole Clark Isakson
A large portion of my day is spent working on transactions for clients who are either buying a business or selling a business. Having walked so many people through this process over the last three decades I have a pretty well-developed system for explaining how transactions typically work, what issues to watch for, and best practices. This blog is the THIRD of three addressing the sales and acquisition process for private transactions. For simplicity, I will address the process from the buyer’s perspective. I will also assume that the companies involved are corporations, although of course they could just as easily be limited liability companies, in which case the information will be the same, albeit with different terms. While the topics covered in this blog and the statements made apply in the majority of transactions, every transaction is different. Do not rely on this blog when undertaking a transaction; that should be done in connection with legal, tax and other professionals. Here is a reminder of the typical process: Execution of Non-Disclosure Agreement and preliminary limited information sharing. Execution of a Letter of Intent, which triggers much more extensive information sharing and the start of the formal due diligence process. Negotiation of the Purchase Agreement terms, and completion of all due diligence. Closing! Post closing…
Read MoreBuying an Operating Business – Step 2. Make sure your purchase agreement is well developed and covers post-closing matters!
October 9, 2025 | Carole Clark Isakson
A large portion of my day is spent working on transactions for clients who are either buying a business or selling a business. Having walked so many people through this process over the last three decades I have a pretty well-developed system for explaining how transactions typically work, what issues to watch for, and best practices. This blog is the SECOND of three addressing the sales and acquisition process for private transactions. For simplicity, I will address the process from the buyer’s perspective. I will also assume that the companies involved are corporations, although of course they could just as easily be limited liability companies, in which case the information will be the same, albeit with different terms. While the topics covered in this blog and the statements made apply in the majority of transactions, every transaction is different. Do not rely on this blog when undertaking a transaction; that should be done in connection with legal, tax and other professionals. Here is a reminder of the typical sales process: Execution of Non-Disclosure Agreement and preliminary limited information sharing. Execution of a Letter of Intent, which triggers much more extensive information sharing and the start of the formal due diligence process. Negotiation of the Purchase Agreement terms, and completion of all due diligence. Closing! Post…
Read MoreBuying an Operating Business – Step 1. Know Your Seller, Know the Process.
October 2, 2025 | Carole Clark Isakson
A large portion of my day is spent working on transactions for clients who are either buying a business or selling a business. Having walked so many people through this process over the last three decades, I have a pretty well-developed system for explaining how transactions typically work, what issues to watch for, and best practices. This blog is the FIRST of three addressing the sales and acquisition process for private transactions. For simplicity, I will address the process from the buyer’s perspective. I will also assume that the companies involved are corporations, although of course they could just as easily be limited liability companies, in which case the information will be the same, albeit with different terms. While the topics covered in this blog and the statements made apply in the majority of transactions, every transaction is different. Do not rely on this blog when undertaking a transaction; that should be done in connection with legal, tax, and other professionals. A purchase of a business can be accomplished by buying the ownership interests in the business (here, buying the stock) or buying the assets. There is less risk for a buyer in an asset purchase, although the seller may prefer to sell stock in order to minimize his/her tax liability arising from the sale….
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