Passing on a business is a crucial stage in the life of an entrepreneur. It requires rigorous preparation and a methodical approach to ensure the success of the operation and the long-term future of the business. There are several ways of taking over a company, depending on the legal form of the business and the wishes of the seller.

To optimise the transfer of your business, you need to ask yourself 3 essential questions:

1. What am I selling?

It's essential to know exactly what you want to sell. There are several ways of doing this, depending on the legal form of your business and your objectives:

- Sale of the business: This is where you sell the essential assets of your business, such as the customer base, the business name, the equipment, etc. This does not include the legal structure of the business. This does not include the legal structure of the business (which stays with you) but only the elements needed to run the business.

Worth knowing: What are key money and leasehold rights?

- A key money purchase (also known as an entry fee) from the owner of the premises when the lease is signed is for vacant premises. This is a clause in the lease.

- A purchase of leasehold rights concerns premises used for a different business from the one that the entrepreneur will operate.

- Sale of shares : If your business is a company (SARL, SAS, SA, etc.), you can sell all or part of the company's shares. In this case, the buyer takes control of the legal structure as well as the assets and liabilities (debts, current contracts).

Tax impact: The choice between selling the business or the shares has different tax consequences. In general, the sale of shares is often more advantageous from a tax point of view for the seller, who can benefit from specific exemptions depending on the length of time the shares have been held or other criteria. Do not hesitate to contact our firm to establish the strategy best suited to your disposal profile.

2. Who is buying?

The profile of the buyer influences the way in which the sale is structured. The main buyers are :

- An external buyer: a person or company from outside your organisation, often motivated by the development of a new business or existing ones.

- A member of your family: Family transfers are common and can benefit from specific tax regimes, such as the Dutreil pact, which allow you to reduce tax on family transfers.

- An employee or group of employees: Selling to employees is an option to consider if you want the business to continue to be run by those who already know it well. Special arrangements (such as LBOs) can be put in place to facilitate this transition.

3. What is my place in the company after the sale?

It is also important to determine what role you want or need to play after the transfer. You can :

- Sell outright : You leave the company without retaining an active role. This often means an emotional detachment, and may require psychological preparation.

- Keep a consultative or partial role : You can remain in the company for a transitional period, either as a consultant or by retaining a percentage of shares. This will make the transition easier, especially if the buyer is less experienced.

With our wealth management expertise, you can anticipate the sale of your business with peace of mind, and ensure that you maximise your tax benefits while guaranteeing the long-term future of your business ! contactez-nous !

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