Experienced Chinese Business Purchase and Sale Lawyers

Buying or selling a business or shares can be a complex and challenging process, but with the right legal support, you can protect your interests and achieve your goals. Our lawyers are dedicated to helping entrepreneurs and business owners navigate the purchase and sale process with confidence. With extensive knowledge of business law and regulations, we provide our clients with the guidance and support they need to buy a business or sell a business.

Whether you are looking to buy or sell a business or its shares, our team has the expertise and experience to help you achieve your goals.

Our team of experienced Chinese lawyers is committed to providing personalised and comprehensive legal services to our clients. We have helped hundreds of buyers and sellers in purchasing and selling their businesses, and we offer a full range of legal services to support the transaction process.

Our goal is to ensure that our clients receive the necessary support at every stage of the transaction, and we work closely with them to tailor our services to their unique needs. We believe in transparent communication and strive to deliver complete satisfaction to our clients.

Buying or selling business

Our team of experienced Chinese lawyers is dedicated to providing personalised and comprehensive legal services to our clients from start to finish. We offer a range of services to support the process of buying and selling a business, including:

  • conducting due diligence;
  • advising on legal and regulatory compliance;
  • advising on the risks involved in the transaction;
  • drafting and reviewing the sale agreement;
  • negotiating the terms and conditions;
  • handling the transfer of ownership of lease, license and equipment;
  • applying for licenses;
  • advising on the relationship with vendors, suppliers, and customers;
  • advising on employment and workplace policies; and
  • advising on dispute resolution and litigation if necessary.
Buying or selling shares

Our team of experienced Chinese lawyers is dedicated to providing personalised and comprehensive legal services to our clients from start to finish. We offer a range of services to support the process of buying and selling shares, including:

  • conducting due diligence on the shares being transferred; 
  • advising on the risks involved in the transaction, including potential liabilities and obligations;
  • assisting with the allocation of risks and responsibilities between the parties;
  • advising on the terms of any shareholder agreements or other agreements that may affect the transaction;
  • drafting and reviewing the share transfer agreement;
  • negotiating the terms and conditions;
  • advising on legal and regulatory compliance for the transfer;
  • handling the transfer of ownership of shares, including any necessary filings or registrations with the Australian Securities and Investments Commission (ASIC); 
  • facilitating the payment of consideration or other terms of the transaction; and
  • advising on dispute resolution and litigation if necessary.

Frequently asked questions

Buying or Selling Business

What is the process of buying and selling business?

The process of buying or selling a business in Australia involves identifying a buyer, due diligence, negotiation, drafting and signing a contract, and transferring ownership. It’s essential to seek legal guidance early to ensure compliance with legal and regulatory requirements, including obtaining relevant licenses. Non-compliance can result in delays and potential prosecution.

Get in touch with us now to have a smooth transaction and avoid any legal complications.

What is due diligence, and how does it safeguard my interest?
Due diligence is a crucial step in buying or selling a business in Australia. It involves a comprehensive review of legal, financial, and operational documents to assess the value and risks, and potential of the business, ensure transparency in the transaction, and minimise the chances of future disputes.
Due diligence typically involves conducting thorough investigations and examinations into various aspects of a company, including its financial condition, business operations, legal compliance, contracts and agreements, intellectual property, human resources, and other relevant factors. This helps buyers gain a true understanding of the business’s actual situation and ensures the reliability and sustainability of the decisions made.
Contact us to conduct due diligence to ensure the legitimacy of the business. 
Do I need a lawyer to buy and sell a business?

In Australia, buying or selling a business involves many complex and rigorous legal procedures. Without hiring a lawyer, you run the significant risk of unnecessary liabilities. Various legal issues may also arise during business transactions, including breaches of contract, providing inaccurate or false information, infringement, and non-compliance with regulatory requirements.

Contact us now so that we can assist you in dealing with complex legal issues, identifying potential risks and liabilities, and ensuring that your interests are protected. 

What are the obligations of the buyer and seller during a trial period when buying a business?

A trial period is a specific time period agreed upon by the buyer and seller of a business during which the buyer can operate the business on a trial basis to evaluate its viability. It typically lasts between 30 to 60 days, but the duration can vary depending on the specific agreement.

The obligations of the buyer during a trial period are to operate the business and evaluate its performance, while the seller is required to provide access to all necessary information about the business and may also need to provide training and assistance.

It’s important to find a lawyer during the trial period to help review the terms of the agreement, negotiate the purchase price and contingencies, and ensure that the buyer’s interests are protected.

As a buyer, what licenses do I need to apply for? What are the consequences if I do not hold the relevant licenses?

The licenses you need depend on the industry of the business. Common licenses include liquor licenses, food service licenses, professional licenses, etc.

If you buy a business and find that you have not applied for the required licenses, you may be fined or even charged. If you are unsure about what licenses you need or require legal assistance in applying for them, please contact us immediately.

What happens to the deposit if either the buyer or seller decides to back out of a business transaction?

The fate of a deposit in the event of a buyer or seller business regretting a transaction in Australia depends on the terms of the contract. If the contract contains a provision addressing forfeiture of the deposit in case of a breach or termination, it may be forfeited to the other party as compensation. However, if the contract is silent on the matter, general contract law principles apply. If there is a breach, the innocent party may be entitled to seek damages, and the deposit may be used to offset those damages.

Seeking legal advice is crucial to understand your rights and obligations under the contract.

How much does it cost to engage a lawyer for purchasing or selling a business?

The legal fees for handling a business sale will depend on various factors, such as the complexity of the transaction, the size of the business, and the scope of the lawyer’s work. In order to get a specific quote, it would be best to contact us directly. Our lawyers can assess your specific needs and provide you with a fixed-fee quote.

Buying or Selling Shares

What is the process of purchasing and selling shares?

The process of buying and transferring shares in Australia involves conducting due diligence on the buyer and seller, negotiating the terms of the transaction, drafting and executing a share sale agreement, and completing the transfer of share ownership.

When buying and transferring shares, we strongly recommend that buyers and sellers seek legal advice to ensure that the entire transaction process complies with legal and regulatory requirements.

What are the legal requirements for buying or selling shares in Australia?

The legal requirements for buying or selling shares in Australia may vary depending on the size and nature of the transaction. Generally, buyers and sellers must comply with securities laws and regulations, including disclosure requirements, anti-fraud provisions, and other obligations.

Contact us to ensure compliance with the legal requirements applicable to your transaction.

What should I consider before buying or selling shares in Australia?

Before buying or selling shares in Australia, it is important to consider a range of legal, financial, and commercial factors. These may include the risks and benefits of the investment, the valuation of the shares, and the legal and regulatory requirements that apply. 

It is important to obtain legal advice to ensure that the transaction is structured to meet your objectives.

Do I need a lawyer to buy or sell shares in Australia?

In Australia, buying and selling shares involves many complex and rigorous legal procedures. Without hiring a lawyer, you are likely to face unnecessary risks and liabilities. Various legal issues may arise in share transactions, including breaches, provision of misleading information, and violations of regulatory compliance requirements, etc.

Contact us now so that our lawyers can help you deal with complex legal issues, identify potential risks and liabilities, and ensure that your interests are protected in share transactions.

How much does it cost to engage a lawyer for purchasing or selling shares?

The cost of engaging a lawyer for purchasing or selling shares will depend on various factors such as the complexity of the transaction and the level of involvement required from the lawyer. In order to get a specific quote, it would be best to contact us directly. Our lawyers can assess your specific needs and provide you with a fixed-fee quote.

This FAQ content is general in nature and not intended as legal advice. For specific legal advice regarding your situation, we strongly advise you to consult a lawyer. 

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Need help with buying or selling a business or its shares? Speak to our Chinese lawyers in Melbourne today.

At Canaan Lawyers, we are committed to achieving your desired outcome and enabling you to succeed. If you are planning to buy or sell your business or its shares, our team of experienced lawyers is here to help. Contact us today to schedule a consultation with our experienced lawyers.

At Canaan Lawyers, we pride ourselves in our ability to provide premium law services in a variety of different areas, including criminal law, commercial law and litigation. If you have any questions or would like to arrange an appointment with one of our Chinese lawyers in Melbourne, get in touch with our team today. Our Melbourne based office can be reached on 03 9620 0888. Alternatively, you can send an email to info@canaanlawyers.com.au or fill out our online enquiry form and we’ll get back to you as soon as possible.

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