Business transfer

Transfer of shares

Any transfer of shares in a private limited company (BV) must take place through a notarial deed. Marks Wachters notaries will ensure that everything is done legally. Agreements and guarantees must therefore be recorded in close consultation with expert advisors. Marks Wachters notaries can assist you in this regard. Thanks to the experience of our specialists, we know exactly what to look out for. We will be happy to assist you!

What is involved in a business transfer/business acquisition?

Before you decide on a business transfer, a number of things need to be checked. It is important to understand the equity position of the company to be taken over and the guarantee that the taxes and other obligations due have been paid. If the company is a limited liability company, you need to check beforehand whether the seller is allowed to sell the shares and whether the shares to be taken over are fully paid up. The transfer of shares in a BV must take place with a notarial deed.

What should you look out for as a buyer?

• Is the seller authorized to transfer?
• Are the shares fully paid up?
• Are there any agreements with third parties?
• Have you had insight into the asset position?

What should you pay attention to as a salesperson?

• Do you have certainty of payment?
• Does the sale have tax implications?

Business Succession

You can also transfer your business to business successors. Often these are family members or employees who have worked in the company for a long time and know everything about the ins and outs of the business. For a good business succession, it is important that you start planning early, because then you can make use of the business succession facility.

General partnership or limited partnership?

If you take a share in a general partnership (VOF) or in a limited partnership (CV), it is important to know the contents of the partnership agreement in order to gain insight into the agreements with the co-partners. When acquiring a share in an IB company, it is also important to clarify the equity position of the company to be acquired.

Establishing agreements and guarantees should be done in close consultation with expert advisors. Marks Wachters notaries has extensive experience in assisting with a business transfer and would be happy to advise you in this regard.

Merge?

Are you thinking about merging? Then it is very important that you do it right. A merger can have major consequences, both on a business and personal level. So make sure you read up on it or talk to a specialist.