Buying and selling a ready-made business
Since Ukrainian law does not define the concept of “sale and purchase of a ready-made business,” transactions involving the alienation of enterprises raise many questions. Moreover, domestic legislation in this area is not sufficiently detailed, making it difficult to protect the rights and interests of both parties.
To minimize the risks and ensure that the relationship between the seller and the buyer is formalized correctly, it is necessary to engage qualified lawyers. Legal Decisions’ team of specialists is always ready to help with the verification of company documentation and advise on the best purchase and sale scheme, taking into account your unique needs.
we offer
BUY LLC WITH VAT
TO BUY A READY-MADE COMPANY WITH TURNOVER
BUY A READY-MADE CONSTRUCTION COMPANY
BUY A COMPANY, A FIRM WITH A LICENSE
BUY A READY-MADE BUSINESS IN KYIV, UKRAINE
BUY AND SELL A READY-MADE BUSINESS IN UKRAINE
BUY A CHARITY ORGANIZATION
BUY A PUBLIC ORGANIZATION
BUY A SINGLE TAX COMPANY
BUY LIMITED LIABILITY COMPANY WITH A SECURITY LICENSE
BUY LLCS WITH A LICENSE TO SUPPLY ELECTRICITY TO CONSUMERS OR SUPPLY NATURAL GAS
BUY A COMPANY WITH A LICENSE FOR INTERNATIONAL PASSENGER TRANSPORTATION
BUY A TOUR OPERATOR'S LICENSE
When alienating a business, the following documents are analyzed:
These documents are necessary to fully understand the state of the company and its assets, which is an important step in the process of business alienation.
WAYS TO BUY AND SELL A READY-MADE BUSINESS
The three most popular ways to dispose of a business are sale as an integral complex, sale of corporate rights and donation.
Sale of a business as an integral complex:
- Description: Involves the alienation of all of the company’s assets, such as equipment, real estate, and land.
- Procedure: The agreement is concluded in writing, subject to notarization and state registration.
- Taxes: When transferring real estate, a tax of 5% of its value is paid.
Purchase and sale of corporate rights:
- Description: Changes the owner by transferring corporate rights while retaining all permits.
- Procedure: There are no requirements for notarization, which ensures the confidentiality of the transaction.
- Taxes: When selling corporate rights, a legal entity is exempt from VAT.
Donation of a business:
- Description: Regulated by the relevant agreement, used to optimize taxation.
- Valuation of assets: Assets are valued at residual value, not at book value.
- Subject of gift: The business is the subject of a gift as an integral complex.
These methods of alienation are considered in the context of their advantages and features, and the choice depends on the specific circumstances and objectives of the parties to the transaction.
STAGES OF BUYING AND SELLING A READY-MADE BUSINESS
Signing a preliminary agreement
Purpose: To formalize the parties' intentions and agree on the main terms of the transaction.
Audit - legal, financial, tax
Objective: Providing the buyer with information on legal and financial risks, as well as determining the optimal strategies and value of the company.
Finalizing the provisions of the main contract and signing it
Objective: To formalize the agreement and to secure it in a legal document.
These steps help ensure clarity and mutual understanding between the parties, as well as reduce risks and misunderstandings during the process of buying and selling an existing business.
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