Buying a Business in Kentucky

Investing in a business can be advantageous for companies and private parties. The transaction can be complicated, however.

There are Federal and Kentucky laws concerning mergers, acquisitions, negotiations and securities exchange that may impact the purchase of a business.

What Parts of the Business Am I Buying?

The purchase of a business in Jefferson County is actually the buying of a right called "control". With this right, a party can direct business operations as it sees fit, it acquires ownership of business assets, and it assumes liability for all business debts. To balance the positives and negatives, the party buying a business must get a complete picture of the financial position of the business. Through a process called "due diligence", a buyer gains this understanding. In the process of due diligence, Federal and Kentucky guidelines are used to inform both parties. If there is a deviation from these guidelines, one party may be held legally accountable. However, due diligence will lead to a better informed decision concerning whether you want to buy the business. Also, it will help the business to transition more smoothly to new ownership.

How Much Will the Business Cost?

The price of a business depends on the value of the ownership stake that is necessary to exert control, and this in turn is decided somewhat by the value of the business property and the type of business. The process for how the right of control can be transferred or modified is defined by specific laws in Kentucky. Procedures may make buying a business more or less expensive than simply the market value of its assets.

How Can a Jefferson County Attorney Help?

In Kentucky, the law poses requirements for a party purchasing a business to fulfill. An attorney knowledgeable in Kentucky law practicing in Jefferson County can help you comply with these laws and acquire control of the business you want to buy as cheaply as possible.