How does a Presidential Election Impact the Sale of My Business?

What happens to M&A in the run up to the 2020 Presidential Election? In past election years with an incumbent President, there has been a slowdown in M&A activity from October into mid-November, but how about 2016? Most experts got it wrong. Prior to the 2016 Presidential election, …

Is 2020 the right time to sell my company?

We were recently asked by a client if current market conditions are right for the sale of his company. There are two parts to the question: “current market conditions” and “for his company.”  The primary driver of the decision should be an analysis of his particular, unique business.  Current market conditions are an external driver of his company's performance and also impact the price a buyer will pay for his company, but they are only one factor of many factors that impact business valuation and timing for a sale.

Section 338 Business Sale –Stock Sale, with Asset Sale Tax Treatment

What is a 338 Election? How would I use it when I sell my business? In a typical acquisition (using an S-corporation as an example), the seller seeks to maximize capital gains, on which they pay a lower tax rate, and the buyer seeks to maximize the present value of tax deductions. While this may be desired, there may be a need to effect the transaction as a stock deal rather than an asset deal.

Recapitalize Your Company – For and Against.

Recapitalizations are a powerful tool, but like any tool, they only perform as well as the experience and controls of the operator. We consider 4 Points in Favor of a Recapitalization and 3 Points Against.

6 Areas of Focus for Troubled Companies

Most troubled companies share a common denominator: excessive debt and management indecisiveness. That doesn’t mean lack of desire to perform. It does, however, mean that there have been some fundamental issues, strategy mistakes or procrastination among senior management in the months or years leading up to that point. You could write several books on the lists of reasons that companies get into trouble and in a career of restructuring troubled companies, there are many stories to tell. In this article, we discuss 6 areas of focus for a troubled company: 1. Cash management 2. Profit and profitability 3. Controlling costs 4. Fixed Assets and Inventory 5. Accounts Receivable 6. Debt

The Best Buyer for your Business

When a business owner is asked who the most likely buyer is for their business, they will typically have a fairly good idea who the most likely candidates are, which normally fits one of the following profiles: i) a competitor who can’t access your market, client base, lacks certain proprietary differentiators or some other motivation; ii) a strategic buyer who would love to buy your technology, unique products, service, patents, intellectual capital, team, or maybe your reputation in the marketplace; or iii) the private equity group that has been courting you for years, or maybe even; iv) the Senior Manager in your Company who’s worked for you for 20 years and who, with the right financial backer, could buy, manage and grow the business.

How long does a Private Equity Group wait before selling your Company again?

Most people think of a private equity holding period as between 3 and 5 years, which could cause a significant and legitimate concern among business owners. However, there is no hard rule to apply to this asset class and to make a determination whether or not to consider a PEG as a prospective buyer based upon the median hold period, would be to make a one-dimensional decision.

How Much Should a Buyer Pay a Seller for Synergies of two Merged Businesses?

This is an interesting question and the answer has certainly changed over the years. Whereas synergies may have previously been credited entirely to the buyer’s benefit post closing, the trend has been for buyers to pay an increasing premium to sellers for some of the shared future synergies. In most strategic deals, there is now more…

Stock Buybacks at Unprecedented Levels – Good, Bad or Ugly?

U.S. Public companies are giving cash back to investors at unprecedented levels. Companies in the S&P 500 index are expected to pay at least $300 billion in dividends in 2013, according to S&P Dow Jones Indices, which would top last year's $282 billion. Is it a good thing? Does it help or hinder economic recovery? Help or hinder the business?

Is the Prospective Buyer of your Business Re-trading?

Re-trading is the fairly common practice of a buyer renegotiating the purchase price of a company after agreeing on price and terms. This article addresses the likely, causes and implications of a buyer attempting to re-trade.
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