Business Formation, Transfer & Sales
How your business is structured is critical not only to ensure its ability to evolve and expand, but also to protect the interests of its stakeholders and their ability to pass on ownership in a manner that protects its beneficiaries and future stakeholders.
KMK attorneys have the necessary experience to manage business succession across generations to provide a flexible ownership form and the smooth transfer of ownership. We strive to create and maintain meaningful relationships with business owners, entrepreneurs and others from the formation stage through the lifecycle of the business.
Additionally, our attorneys have both legal and business experience in successfully acquiring and disposing of a business or a segment of its operations. As a result, they are keenly aware of the time-critical aspects of such transactions and can combine legal and business skills to further your objectives in a timely and cost-effective manner.
Our primary focus is on private transactions between small- and medium-sized businesses. However, we have a wealth of experience with the sophisticated business activities of larger organizations relating to acquisitions, mergers, and divestitures, such as stock or asset transfers or a mix of both.
KMK can assist you in numerous ways, including:
- Conducting due diligence and liability assessments;
- Negotiating letters of intent;
- Drafting and negotiating definitive acquisition agreements;
- Assisting in financial negotiations with buyers and external funding sources;
- Offering advice to board members on their obligations and duties to other stakeholders;
- Choice of entity;
- Company and subsidiary formation;
- Capital structure, including control issues;
- Company rules;
- Agreements to protect beneficiaries and existing stakeholders in the event of death, retirement, or departure;
- Management incentives, ownership schemes, and contractual arrangements;
- Planning and coordinating reorganization or restructuring;
- Counsel on management and shareholder legal issues;
- Protection and handling of intellectual property assets; and
- Cooperating with our clients’ accountants on taxation and related matters such as trusts and gifting, or alternatively, introducing our clients to appropriate tax and accounting experts.