If it is impossible or unwilling to create your own business, you can buy someone else's business - in whole or in its share. You can buy a minority (less than 50%) or majority (more than 50%) share.
Instructions
Step 1
When buying a minority stake in a business, it is important to take into account that its value, which is calculated based on the value of the business as a whole, must contain a certain discount, i.e. cost less than it would actually cost, say, 30% of this business. After all, the owner of a minority stake will not be able to influence decision-making in the company. However, there are exceptions - for example, if none of the business owners have more than 50% stake, and you buy the largest one. In contrast, the value of a majority stake is usually greater than the value calculated on the basis of the total value of the business, since it implies control over it.
Step 2
As a rule, the purchase of a share in a business means the purchase of a share in a limited liability company (LLC) or shares in a joint stock company (JSC). In the first case, the purchase of a share is carried out on the basis of a share purchase and sale agreement. The buyer of the share should remember that the members of the LLC enjoy the pre-emptive right to purchase the share, therefore it is important to check whether the procedure for notifying the other members of the LLC about the sale of the share has been followed. Only if the participants of the LLC, who have the preemptive right to purchase a share, refuse, it is possible to buy a share in the LLC. The share purchase and sale agreement must be notarized, otherwise the transaction will be invalid.
Step 3
In the case of joint stock companies, the procedure is more complicated. A person who intends to acquire more than 30% of shares of an open joint-stock company (OJSC) sends shareholders an offer to sell them their shares. This proposal is accompanied by a bank guarantee, which must provide for the obligation of the guarantor to pay the previous owners of the shares their price in case of failure to fulfill the obligation to pay for the shares on time. Further, as in the case of an LLC, a purchase and sale agreement is drawn up and notarized. Then the person who has acquired more than 30% of the shares of the OJSC must send a mandatory offer to this OJSC for the redemption of the remaining shares. You will also need to attach a bank guarantee to it. If a person owns 95% or more of the shares of an OJSC, then he is obliged to redeem the remaining shares at the request of the shareholders who are holders of these shares. All these operations are controlled by a state body - the Federal Financial Markets Service of Russia.
Step 4
It is also worth remembering that if you acquire more than 25% of a share in an LLC or JSC, you are entering into a major transaction. Such transactions must be approved by the general meeting of participants or shareholders. You must make sure that the person selling you the stake has complied with all statutory and statutory requirements, including approving a major transaction.
