Planning Successfully – The Do’s and Don’ts of Selling Your Business – Part 2

Planning Successfully – The Do’s and Don’ts of Selling Your Business – Part 2

On this episode an interview with Rett Peaden.

Representations and Warranties / Indemnification
 What are these?
 Why should a seller be concerned?
 Personal liability

Real Estate
 Own / Rent
 Different holding company?
 Selling the real estate with the operating business?

Trade Secrets / Intellectual Property
 Does your business have these? Almost certainly to some extent.
 How are these being protected?

Third-Party Contracts
 Suppliers, distributors, subcontractors, customers, etc.
 Do you have written contracts? Well-written?
 Are these, assignable, terminable, renewable?

More about our guest Rett Peaden:

Rett’s practice focuses on helping the owners of closely-held businesses and professional services firms exit their businesses, whether that involves selling the business or transferring it to the next generation. Getting a business onto a solid footing with regard to succession planning is essential, and Rett is well-versed in sophisticated tax strategies and entity structuring techniques that may be needed. He will also advise on and guide clients through strategic acquisitions to grow their own businesses. Rett regularly counsels clients on corporate, partnership, and related tax-planning matters, including the negotiation and preparation of mergers and acquisitions agreements, the drafting of shareholders agreements, the formation of limited partnerships and limited liability companies, the structuring of inbound investment opportunities for foreign nationals, the creation and operation of private foundations and public charities, and the review and drafting of executive compensation agreements. In connection with advising the owners of closely-held businesses, Rett has developed a particular interest in the taxation of pass-through entities such as S-Corporations, partnerships, and trusts.

Preserving legacy. The estate planning side of the practice, often done for the owners of closely held businesses, is highly personal, involving an individual’s legacy and the achievements of a lifetime. Rett’s purpose is to help his clients prepare for the future, provide for their families, and accomplish their long-term personal and charitable goals. In doing so, he works to develop plans that are well thought out and emphasize preserving wealth from unnecessary taxes and unanticipated risks. He knows how to take family dynamics into account, and draws insights from his work in business exit-planning and trust and estate administration to help families plan with foresight to avoid problems that could happen later on. Rett is often called upon by other professionals to advise them on the complicated income and transfer tax issues that can arise in the context of trusts and estates. On the trust and estate administration side of the practice, Rett works in both contested and uncontested matters. He assists survivors in managing their inherited wealth, and often continues to serve their families and family businesses as a trusted advisor on the basis of the confidence he inspires in them.

“I want to help my clients achieve their goals and attain the best possible results given their unique circumstances.” – Rett Peaden

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About the show host:
Matthew Thiry
Shareholder with Davis, Matthews & Quigley, P.C
Business Law; Business Litigation; Fiduciary Litigation; Arbitrator and Mediator Services

“I am driven by results. I want to achieve my client’s goals as quickly and efficiently as possible, and do so in a way that’s professional.”

Guiding the best business decisions. Matt Thiry understands the delicate balance between providing an environment for growth and managing risk. Prior to becoming an attorney, Matt’s background included operating businesses, as well as computer programming and related experience in the technology field. This business acumen allows him to offer legal advice with practical experience to businesses of all sizes, as well as business owners, families, and individuals.

Matt is a trusted business advisor relied on by his clients as a member of their team by filling their needs for outside general counsel. As a business lawyer, Matt provides advice to existing businesses and start-ups regarding legal issues, such as risk management, covenants, business formation, and other day-to-day matters encountered by businesses. He also routinely assists clients by reviewing, negotiating and drafting contracts keeping business objectives and practicality in mind.

An experienced and practical litigator. Matt understands that lawsuits are a disruption to his clients’ day-to-day affairs, and require the redirection of time and resources. In his practice, Matt strives to help clients minimize—or avoid—these disruptions. As a result of Matt’s sound legal advice as to the best available options to manage their disputes, Matt’s clients are able to better determine the course that most closely meets their goals. He consistently and aggressively represents his clients’ interests both inside and outside of the courtroom. Matt is also an experienced, competent, thorough and respected litigator assisting clients in a wide variety of disputes, including those related to contracts, business torts, real estate, construction, probate and fiduciary disputes. Matt’s business law practice and litigation experience provide Matt with valuable insight into the issues that his clients encounter in a dispute. With an approach that strives to understand his clients’ business position and apply first-rate problem-solving skills, Matt is driven by results: achieving the best possible outcome with the least amount of disruption to his clients.

Arbitrator and Mediator Services. In addition to representing clients as an advocate, Matt is also registered as an arbitrator and general civil mediator with the Georgia Supreme Court Commission on Dispute Resolution. Matt’s strong background in business and litigation (including mediation, trial and appellate practice, and arbitration experience), combined with the training required in order to be a registered arbitrator and general civil mediator, ideally situate Matt to assist others resolve disputes either through mediation or arbitration.

Planning Successfully. Matt hosts DMQ’s radio show, Planning Successfully, where he and his guests discuss topics of interest relating to start-up businesses, existing businesses, business owners, and business executives. You can learn more about and listen to prior episodes of the show on DMQ’s Planning Successfully page.

Planning Successfully
Sponsored by… Davis, Matthews & Quigley, P.C.

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