We make your transaction secure
Selling your own company can be a sensible decision, but it also requires good planning in order to find the right buyer, increase the value of the company, ensure a smooth handover and obtain the desired purchase price.
Our specializations in corporate, contract and commercial law enable us to combine in-depth knowledge from several areas of law that are important for the sale of a company in order to provide you with the best possible support in this process.
As a Vienna-based lawyer, we are a strong advisor and partner for small and medium-sized enterprises (SMEs), start-ups, family businesses and expanding companies in Austria.
We support you with these services
Company sale
- Accompaniment
- Processing
Company acquisition
- Accompaniment
- Processing
Contracts
- Creation
- Examination
- z. e.g. purchase and assignment agreements
Due diligence audits
- for buyers
- for sellers
Consulting
- on all legal issues relating to the sale of a company
- to increase sales opportunities
- opportunities to increase the purchase price
Negotiations
- Preparation
- Support
What we offer you
In-house support
From the initial consultation to the final sale, we accompany you 100% personally and directly in our office. We not only know your concerns, but also your face.
Specialization
As lawyers, we specialize in corporate, contract and commercial law. Our knowledge of these three areas of law makes us a strong partner when selling a company.
Time
You can’t plan a company succession in five minutes. That’s why we take a lot of time for you and your company at every meeting. We are happy to answer any questions you may have!”
What you should consider when selling
If you want to sell your company, you should keep a few aspects in mind right from the start. You should not neglect these five points in particular:
1. start early
Selling a company can take some time – a year or more is not uncommon. Buyers must be sought and found, employees prepared and tax-related questions answered.
As a lawyer, we therefore advise you to deal with the whole process at an early stage.
2. date of sale
To get the maximum purchase price, you need to find the right time for the sale. If your company is in financial difficulties (liquidity problems), the sale proceeds will be lower than they could be at another time.
However, the general economic situation can also have an influence: In a growth phase, you have a better chance of achieving higher proceeds.
3. strategy & training
Who will take responsibility for the company in the future? As the seller, do you still have some form of shareholding? In the case of a GmbH: Who will receive how many shares? You need a strategy for all these questions, which you also need to discuss with the buyer.
You should also clarify together how the training will be organized: How much of your expertise does the buyer still need in the initial period? How much do you need to be involved at the beginning?
4. are there deal breakers?
Deal breakers can quickly cause a company sale to fail. These are company problems that deter potential buyers.
Liquidity problems, lack of growth potential, economic dependence of the company on a few customers or outdated products are among the most common deal breakers we have seen in our firm.
But problems with employees can also prevent a sale.
5. costs, taxes & Co.
Every company sale incurs costs for both the buyer and the seller:
- Company valuation
- Due diligence audit
- Advice (tax advice, lawyer, etc.)
- Preparation of necessary documents (e.g. company exposé, purchase agreement, letter of intent, etc.)
- Costs for the notary
The taxes incurred are also often underestimated. How high these turn out to be is influenced by various factors. This starts with the legal form (GmbH, OG, GesbR, etc.) and extends to the taxation of the final capital gain.
Why are companies sold?
Why is a lawyer a good contract negotiator?
There can be many different reasons why entrepreneurs sell their company:
- Pension: If you want to retire but don’t want to close the company, a sale is a logical step.
- Health: In the event of health problems or increasing stress, a company succession is also often sought.
- Family: The desire for more time with the family can also lead to the wish to sell the company.
- Finances: Reasons such as financial problems or a surprisingly good purchase offer are not uncommon.
- Regulations: New regulations can also mean that it is no longer worthwhile continuing the business.
- Competition: If this becomes too great and the company is about to be squeezed out of the market, many decide to sell.
As specialized lawyers for M&A (Mergers & Acquisitions), we are at your side as advisors and partners.
Whether you want to sell your company or buy one: We use our specialized know-how to find the best solution for you.
Before, during & after the sale – you should ask yourself these questions
In order to find the best solution for you and your company succession, we would like to give you a few thoughts to help you on your way:
- Personal preparation: Am I prepared for the sale? What do I want to do when the company is sold?
- Preparation of the company: Are the company, customers, employees and stakeholders prepared?
- Participation: How much do I want to be involved in the day-to-day running of the business after the sale?
- Risks: Are there any legal risks that prevent the sale? What taxes do I have to pay in Austria when I sell or buy? Can this become a problem?
- Alternatives: Is there another form of business succession besides selling the company that I have not considered, but which might be a better fit?
Arnulf Schaunig
Company sale: advice from a legal expert
I am Arnulf Schaunig, lawyer for corporate, company and contract law.
Thanks to our in-depth knowledge of these areas of law, my team and I can support you as a strong partner and advisor on legal issues when selling or buying a company.
We support you throughout the entire M&A process, draw up contracts, assist with negotiations and carry out due diligence reviews. We are also happy to advise you on when it makes sense for you to continue the company and when it makes sense to sell it.
Simply arrange a free initial consultation at our law firm in Vienna – together we will find a solution to your problem.
