We vet the respondents to our marketing efforts to assess whether 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 an indicated asking price.
If the prospective purchaser is comfortable with the characteristics of the business and the price we proceed to disclose more detailed financial information and to arrange a meeting with the owner and inspection of the business premises if relevant.
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 for our client at every step, up to agreeing the principal terms of sale of the 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.
Click here to go to our Privacy Policy in relation to personal information.