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How to Use a Lawyer in Buying or Selling a Company
December 1982 | The Journal of Buyouts & Acquisitions | By Betram K. Massing.

The lawyer for the buyer or seller in a private buyout or corporate acquisition is an important participant in the transaction. The lawyer's functions include: 1, counseling the client about the transaction. 2. advocating the client‘s position with the opposite party or in ancillary proceedings such as with government agencies. and 3. documenting and implementing the closing of the transaction. In counseling, the lawyer should call attention to potential risks and problems and suggest means of dealing with them. Tax implications, disposition of assets or shares, lenders' requirements, and the risk of latent liabilities are among the issues that arise early in an acquisitionA It is the cIient‘s responsibility to make decisions after being advised by the lawyer and to decide which points to compromise and which should be insisted upon. Clear communications between clients and lawyers and between buyers and sellers will make for a smoother transaction.
buying_a_business  selling_a_business  lawyers  howto  LBOs  mergers_&_acquisitions  M&A 
january 2013 by jerryking
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