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Prepare a sale as succession option

If no viable succession is possible within the family or shareholder group, a sale can be an orderly solution. Before a buyer process starts, goal, roles, approvals, information sharing and minimum conditions should be clarified internally.

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When a sale fits succession

A sale can make sense if there is no suitable internal successor, roles remain unclear or a strategic buyer offers better continuity.

  • Review internal succession realistically
  • Assess roles and disputes
  • Do not involve a strategic buyer too early

Make the internal preliminary decision

Before documents are shared, it should be clear internally who sells, who stays with the business and which minimum conditions apply.

  • Define seller group
  • Clarify role after sale
  • Document minimum conditions

Review articles before the process

Transfer restrictions, tag along rights, approval requirements and buy out rights can enable or block a sale.

  • Review transfer restrictions
  • Capture tag along rights
  • Clarify buy out rights in advance

Move into the business sale process

Once a buyer process starts, due diligence, purchase agreement, warranties and closing become central. Succession planning should then be connected with transaction counsel.

  • Prepare due diligence
  • Regulate confidentiality
  • Plan purchase agreement and closing
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Typical client questions

  • When should we seek legal advice before a sale?
  • Can individual shareholders block the sale?
  • Which points still belong to succession and which belong to business purchase?
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Preparation checkpoints