If you are buying a ready-made business, it is worth checking everything three times before making a decision. Indeed, even within the company, the process of transferring cases from employee to employee is fraught with difficulties. There are no less pitfalls in the transition of a business from owner to owner.
It is necessary
- - services of auditors;
- - a certificate from Rosreestr;
- - inventory act;
- - services of a lawyer.
Instructions
Step 1
Accept only property rights, not a legal entity. This will save you from other people's debts and obligations. But at the same time, make sure that the seller is the owner of real estate and movable property. There are known situations when fraudsters sold rented premises or pledged equipment. Request a certificate from Rosreestr on real estate objects. Inquire with banks and leasing companies about the rights to the equipment.
Step 2
Buy the organization itself to reap the benefits of a well-established business. In this case, you accept not only his assets, but also liabilities. To exclude the possibility of an incorrect assessment of the situation, conduct an audit of finance and accounting and an inventory of property.
Step 3
Chat with auditors. Ask them what expenses the business can expect in the near future. We are talking about fines, taxes, penalties, debts. Do not skimp on experts: they will help you avoid serious mistakes. The problems of the enterprise discovered by them will make it possible to either bring down the price or refuse the deal.
Step 4
Consult with lawyers about the legal aspects of this business. Let them clarify the position of the property complex, its condition and prospects. Ask them to describe the immediate future of the enterprise from a legal point of view.
Step 5
Ask the seller to sign a guarantee that there are no debts that do not go through the accounting documents. Get the signatures of all founders and CEO. According to this paper, they will be personally liable for discovered debts if their age does not exceed three years. After signing the obligation, you, as a new owner, will be able to either redirect creditors to true debtors, or defend your rights in court.
Step 6
Draw up a detailed plan for the transfer of management responsibilities. He will help maintain established relationships with suppliers, customers and partners. It will also preserve your reputation with the employees of the organization.
Step 7
Draw up an act of acceptance and transfer of cases. This is the final stage of accepting a business. The act is drawn up in any form and must be signed by both the former general director and the newcomer. It should contain an exhaustive list of documents and include the results of the inventory. After that, send notices about the change of the general director to the tax office, off-budget funds and the counterparties of the enterprise.
