Buying a Business in South Dakota

Purchasing a business can yield great profits in the future. However, individuals and companies seeking to buy businesses should be aware of the complications of the transaction.

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

What Parts of the Business Am I Buying?

When someone purchases a business in Brandon, they are actually gaining the right to direct business operations as they see fit. This right is called ?control? of the business. Control entails ownership of all the assets and customer base of the business, but it also includes the responsibility for that company?s debts and liabilities. To make his decision, a purchaser will want a complete picture of the financial position of the business. Through a process called "due diligence", a company's financials become clear. Federal and South Dakota guidelines are used in the process of due diligence, and not using these guidelines can lead to legal consequences. Following the process of due diligence dutifully is the best way to inform oneself for whether to purchase a business. Also if the business is eventually bought, transfers of ownership happen much more easily once the process is followed.

How Much Will the Business Cost?

How much a business will cost varies on the type of business, how much ownership stake you need to assert control, and the value of the business property. The procedure for how the right of control can be transferred or modified is defined by particular laws in South Dakota. Procedures may make buying a business more or less expensive than simply the market value of its assets.

How Can a Brandon Attorney Help?

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