Security and Confidentiality
Security is fundamental to our
work. We carefully maintain confidentiality for the business sales
being advertised or privately offered. Our first information may
be a 'no-names' brief profile of the business for sale.
We vet the respondents to our marketing efforts to assess their
interest to buy a business is serious and relevant, and we inquire
about their financial capacity. If we believe a respondent may
be an existing or potential competitor we refer the contact to
our client before proceeding further.
If we are satisfied to that point,
then we secure the signatures of their principals, and if relevant,
key managers or advisers, to our confidentiality agreement. This
agreement specifically binds the recipients of the information
package. They must not only refrain from divulging that the business
is for sale but also must not approach the employees, customers
or suppliers of the business without the approval of our client.
Our information memorandum typically
provides all of the information (including summary financial information)
needed to allow the party interested to buy a business to make
an in-principle decision on whether to proceed further at the
asking price.
If the prospective purchaser is
comfortable with the characteristics of the business and the price
we proceed to more detailed financial information and to a meeting
with the owner and inspection of the business premises.
Purchasers typically attempt to
conduct a substantial part of their due diligence before committing
to a heads of agreement. We manage the process of disclosure in
the sequential fashion described here. This maximises the security
of our client at every step, up to agreeing the principal terms
to sell a business, the securing of a substantial deposit, and
the commencement of due diligence by the preferred purchaser.
Records are kept of the date of
all responses, confidentiality agreements and the provision of
each package of information to prospective purchasers, and are
available to our client at all times.
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