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What documents do you need for an acquisition?

On Behalf of | Mar 21, 2021 | Business Litigation |

Buying another company is a strategic way to grow your capital and draw upon the desirable competencies of other like-minded professionals. Preparing for an acquisition requires you to organize specific legal documents that articulate the terms of your agreement.  

Knowing the kind of information you will need can help you approach negotiations with clarity and confidence.  

Organizational processes

When assessing the compatibility of another company with your own, you may compare factors including the following: 

  • Company culture 
  • Organizational goals 
  • Competitive strategies 
  • Employee loyalty 
  • Business credibility 
  • Product/service reputation 

Along with each of these aspects, you will need to look at the other company’s organizational processes and their methods for getting things done. According to the U.S. Small Business Administration, utilizing this information, you can put together a letter of intent that describes your interest in acquiring a company for sale.  

Contractual agreements

As you work toward negotiating a contract, you will want to look closely at tax returns and financial documents for both companies. You may also introduce a confidentiality statement, especially if you want to keep the news about the acquisition private until you make a more formal announcement.  

A sales agreement will develop as both companies negotiate a mutually beneficial transaction. During this time, you may change more than one component on the agreement as you reach a fair compromise. The sales agreement should reflect each of these changes and include the signatures of both companies. 

If the original purchase price changed during negotiations, you may also include a purchase price adjustment for both parties to sign to verify an agreement upon the monetary value of the sale.