Buying and Selling a Business: 4 Areas of Risk
Issues covered include: Business transitions purchases and sales, agreement for sale, intellectual property, tax, employment
Description
Your client wants to buy or sell a business. Seems simple right? That is until you have to be across a number of different areas of law to properly advise them. A must attend event if you want to dissect the key components of a sale or purchase and diagnose where things can - and do - go wrong. You will learn how to get the most out of your agreement for sale or purchase, protect IP and consider tax and employment issues that need to be thought through and incorporated in to the transaction.
Attend and earn 4 CPD Hours
Chair: David Alizade, Partner - Business Law Team, Jackson Russell Lawyers
9.00am to 10.00am: Tidying up the Ownership Structure: Presale Restructuring and Due Diligence
- Separating assets for sale
- Limiting claims against the vendor: at sale and future trading
- Rationalising the business structure to avoid complexity on sale
- Separating asses into a more saleable entity
- Avoiding surprises by due diligence: know what is being sold and who owns it
- Improving vale by focusing on saleable assets
- Structure sale documents using information learnt in due diligence
Presented By Patrick Learmonth, Partner Stace Hammond Lawyers; Convener Complaints Committee, Franchise Association of New Zealand
10.00am to 11.00am: Employment Issues in Business Sales or Purchases
- Vendor’s obligations: What do I tell staff, and when?
- Employment protection: What obligations does the vendor have to negotiate with the purchaser on behalf of staff?
- Apportioning liability for employee entitlements - best practice and fishhooks to avoid
- Incentivising staff to stay: What works?
Presented by Mark Donovan, Barrister, Chancery Chambers
11.00am to 11.15am: Morning Tea Break
11.15am to 12.15am: IP in a Business Sale and Purchase
- Intellectual property due diligence issues in the sale or purchase of a business
- Gearing up for a sale of IP
- Identifying the IP of the business: Who owns it, and is it relevant or valuable?
- Identifying problems with the IP: infringement issues, title issues, and rights of use
- What IP warranties should the seller give?
- What needs to be done on and after completion of the transaction?
Presented by Scott Yorke, Partner, Bowie Yorke
12.15am to 1.15am: Disputes that Arise in a Business Purchase or Sale
- The Fair Trading Act
- Misrepresentation of figures
- Asking the right questions
- Property issues and disputes
Presented by Harshad Shiba, Lawyer - Director, Quantum Law Limited
Learning Objectives:
- Gain a deeper understanding of due diligence requirements
- Receive expert practical insight to avoid employment issues
- Identify potential risks to IP
- Be guided through potential areas of dispute in a transaction
Venue
Grand Mercure Auckland
Level 2, 8 Customs Street East
Auckland 1010
New Zealand
Directions
Grand Mercure Auckland is a short 5 minute walk from the main train/bus station Britomart.
Parking
Parking is not included in your registration. Here are some options below.
The hotel has very limited on-site parking. There is a valet service which works on a 'first come, first serve basis', and is $40 per car.
Other surrounding parking options include:
Britomart Car Park - click here to view rates
Lumley Centre Car Park - click here to view rates