How to buy business with the minimal riskTransactions on purchase of the enterprises - business not only favourable,
but also risky. Quite often to the new owner together with property of the
enterprise pass also all its problems.
Methods of expansion of the presence actively enter into the Russian practice of
enterprise activity on this or that segment of the market by purchase or
absorption of business of partners or competitors. One of the most popular forms
of such transactions is purchase add (actions) of the enterprise as property
complex. Despite of a number of obvious advantages, such transactions conceal
also a number of risks for the purchaser.
Transactions on purchase of shares (actions) of the enterprise as property
complex have received a wide circulation in Russia in view of presence of some
advantages. First, sale add (actions) of the legal person it is not assessed
with the tax to the added cost that gives essential economy of means (18 %) in
comparison with a variant of sale of property. Secondly, to new owners pass not
only the property, but also the licenses necessary for business dealing, also is
not required long renewal of the rights to property. In some cases such way of
purchase of business - unique since its conducting is possible only in a
combination to the rights which cannot be.
Alongside with advantages, use of such transactions conceals in itself and
considerable risks for the purchaser which can bring to nothing an economic gain
of the transaction. Together with property of the enterprise its problems are
got also. It can be and claims of tax bodies, unappropriated funds, other state
bodies to activity of the enterprise, and lacks of registration of the rights to
property, and infringements of the legislation at creation of the enterprise,
changes of participants and restoration of their rights to the detriment of the
purchaser,and also requirements of creditors which can initiate procedure of
bankruptcy.
Attraction to economic - to legal support of the transaction of specialized
firms allows to estimate danger of adverse consequences, to lower risks or to
eliminate them at a stage of preparation of the transaction, and if risks are
great to refuse the transaction or to use other scheme of purchase.
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