The memorandum of agreement is the document, which constitutes “the act of sale” of the company.
The law does not impose a particular form for this document and it is ironically much easier to sell a company than to sell a house or even a car: everyday, share are exchanged every day without formality.
With a simple movement order, it is possible for you to take control of a company.
However, taking the risks connected with the sale of a business into account, it is imperative that precise documents are written by experienced advisors.
ACTORIA has the necessary competences to write these documents and will represent your interests to the best of their ability.
In practice, this document can comprise of several pages for a simple sale and up to 300 pages for an important sale with an international context.
It must comprise of the following components:
– the name of the previous seller, date and nature of their act of acquisition, acquisition price for tangible and intangible assets,
– the price: amount and terms,
– privileges and pledges,
– sales achieved in the last three years or since the acquisition (if less than three years ago),
– net results for the last three years,
– lease, with date, duration, name and address of lessor.
The memorandum mentions, above all, all of the inherent guarantee for the operation.
Many documents are annexed in order to formalise the document: contracts, property acts, general meetings, status, sales, social accounts…