Business Acquisition

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,649 reviews

Jump to Section

Need help with a Business Purchase Agreement?

Create a free project posting

Business acquisition is when a business buys most or all of another organization's shares or stocks to gain control of that business or decision-making rights. In addition, acquiring an existing business can be a wise and strategic action for entrepreneurs looking to diversify their product or service offerings, expand their company's market share, or expand into new geographic territories. However, buying a business is a complicated process requiring due diligence, careful planning, and negotiation.

Steps Involved in Business Acquisition

Business acquisition is an effective strategy to help you attain significant growth, access new markets, and acquire valuable assets and intellectual property. Below are the steps involved in business acquisition.

  1. Determine Your Business Acquisition Strategy

    The primary step in acquiring a business is to determine your strategic goals. What are you expecting to accomplish through the acquisition? Are you looking to acquire a company in a new geographic area or industry? Are you looking to acquire a complementary business that will expand your product or service offerings or a competitor that will boost your market share? Once you've determined your goals, you can develop a list of possible targets that match your acquisition criteria.

  2. Perform Thorough Market Research

    Before approaching potential business acquisition targets, conducting market research is necessary to understand the competitive landscape and the target business's economic and functional performance. It may concern conducting a SWOT analysis, examining financial statements, and speaking with industry professionals and clients. You'll also want to analyze the target company's reputation, client satisfaction levels, and legal or regulatory matters affecting the business acquisition.

  3. Contact Potential Targets

    Once you've determined potential acquisition targets, it's time to reach out to them and start the negotiation procedure. It may involve signing a non-disclosure agreement (NDA) to safeguard the confidentiality of both parties' sensitive details. You'll want to convey your interest in acquiring the company and establish a connection with the target company's management team.

  4. Conduct Due Diligence

    Before concluding a business acquisition deal, it's important to perform due diligence to verify the target business's legal, financial, and operational performance. It may concern examining contracts, financial statements, and legal papers and interviewing key team members and clients. Due diligence is essential to identifying potential threats or liabilities associated with the acquisition and ensuring that the target company's valuation is correct.

  5. Negotiate the Deal

    Once due diligence is finished, it's time to negotiate the deal terms with the target business. It may involve agreeing on a payment structure, purchase price, and other acquisition information, such as transition strategies for employees and clients. Negotiation can be complicated and sometimes contentious, so it's essential to have experienced financial and legal consultants on your team to help guide the process.

  6. Finalize the Deal

    After the negotiation process is finished, the last step in acquiring a business is to finalize the deal. It involves signing a purchase contract and transferring ownership of the business to the acquiring company. The closing process may involve legal and regulatory filings, transferring liabilities and assets, and finalizing payment arrangements.

Tips for an Effective Business Acquisition

Business acquisition is an effective strategy for businesses looking to grow and expand their operations. Nevertheless, it can be a complicated and time-consuming procedure that demands careful planning and execution. Here are some tips for effective business acquisition to help businesses make the most of this strategy.

  • Perform Due Diligence

    Due diligence examines a potential acquisition target to assess its operational and financial performance. It examines the target company's legal documents, financial statements, contracts, customer base, market position, and other applicable data. Performing detailed due diligence helps to determine any threats or challenges associated with the acquisition and ensures that the purchase price is justified.

  • Build an Integration Plan

    After the acquisition is complete, it is important to have a plan for integrating the formulated business into your organization's operations. It involves determining areas of redundancies, overlaps, and opportunities for synergy. An integration plan should handle the cultural differences between the two businesses, align operational strategies and systems, and communicate the new organizational structure to employees and stakeholders.

  • Create a Negotiation Strategy

    Negotiating a business acquisition needs careful planning and practice. A negotiation strategy should evaluate the transaction's economic, legal, and operational factors. It is essential to understand the target company's value clearly and be ready to negotiate on key terms, such as the payment terms, purchase price, and post-acquisition arrangements.

  • Communicate Effectively

    Effective communication is essential during every phase of the acquisition process. It is necessary to keep all stakeholders informed of the progress and anticipated results of the acquisition. It includes customers, employees, suppliers, shareholders, and regulatory authorities. Transparent and timely communication helps to develop trust and confidence in the acquisition process and can help to reduce any adverse impact on the business.

  • Manage Change

    An acquisition can result in substantial business transformations, including operations, management, and culture. Handling these changes requires a proactive and reflective approach. It is important to determine and address any potential opposition to change and deliver adequate support and training to employees affected by the acquisition.

  • Seek Professional Advice

    Ultimately, seeking expert advice from professional advisors, such as attorneys, accountants, and industry consultants, is advisable to help guide you through the acquisition process. These professionals can provide useful insights and help determine and address potential risks or challenges.

Meet some lawyers on our platform

Max N.

6 projects on CC
View Profile

Justin K.

11 projects on CC
View Profile

Patrick N.

3 projects on CC
View Profile

Don G.

37 projects on CC
View Profile

Types of Business Acquisitions

There are different types of business acquisitions, each with its own distinctive features and advantages. Below are some different types of business acquisitions.

  • Horizontal Acquisition

    Horizontal acquisition occurs when a company acquires another business that operates in the same industry and offers comparable products or services. The primary purpose of a horizontal acquisition is to expand market share and gain a competitive edge. A company can eliminate competition and grow its customer base by acquiring a competitor.

  • Conglomerate Acquisition

    Conglomerate acquisition happens when a business acquires another business that works in a completely different industry or business. This type of acquisition is usually made to diversify a company's portfolio and lower risk.

  • Vertical acquisition

    Vertical acquisition occurs when a company acquires another company that operates in a different stage of the supply chain. This type of acquisition aims to increase efficiency, reduce costs, and gain greater control over the supply chain.

  • Reverse Acquisition

    Reverse acquisition, commonly known as a reverse merger, is a type of acquisition in which a private company acquires a public company. The private company then becomes a publicly traded company without going through the standard initial public offering (IPO) process. This type of acquisition is usually made to gain access to the public market and raise funds.

Key Terms for Business Acquisitions

  • Acquisition: The purchase of one business by another, with the intent of acquiring power over its technology, assets, client base, and other valuable resources.
  • Valuation: Defining a company's or its assets' worth or value. It is generally done by examining financial data, market trends, and other applicable aspects.
  • Synergy: The potential financial and operational benefits can be achieved through a merger or acquisition, such as increased efficiency, reduced costs, and improved market position.
  • Due Diligence: The process of comprehensively analyzing and assessing a company before an acquisition happens. It generally involves examining financial statements, reviewing agreements and contracts, and interviewing key team members.

Final Thoughts on Business Acquisitions

Business acquisition is a complicated procedure that demands research, careful planning, and negotiation. Organizations that successfully navigate the acquisition process can benefit significantly from improved market share, higher operational efficiency, and improved financial performance. Nevertheless, it is important to carefully assess potential acquisition targets and to develop an exhaustive integration plan to ensure that the acquisition is successful.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a
Business Purchase Agreement?

Create a free project posting

Meet some of our Lawyers

Alen A. on ContractsCounsel
View Alen
5.0 (10)
Member Since:
August 26, 2021

Alen A.

Attorney
Free Consultation
Los Angeles, CA
16 Yrs Experience
Licensed in CA
University of West Los Angeles

Alen is an attorney and licensed real estate broker with over 15 years of experience representing clients in real estate and business matters. Alen has extensive experience in business and real estate matters. The work includes lease/contract drafting & negotiations, real estate transactions, advising the purchase/sale of businesses, and other matters commonly confronting small businesses and individuals.

Garrett M. on ContractsCounsel
View Garrett
5.0 (6)
Member Since:
August 30, 2021

Garrett M.

Associate
Free Consultation
Dexter, MO
7 Yrs Experience
Licensed in TX
University of Texas

Hello! I am a young attorney with four years' experience in real estate transactions, fund formation, and general corporate transactional work. I graduated in 2016 from the University of Texas - Austin and I am barred in Texas.

Billy Joe M. on ContractsCounsel
View Billy Joe
5.0 (3)
Member Since:
October 25, 2021

Billy Joe M.

Partner Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
University of Illinois at Urbana-Champaign

I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science, Finance, and Economics. I stayed around Champaign for law school and graduated in 2009. I then worked at a big law firm in downtown Chicago. It was boring, so I quit in early 2011. I thought that I could not be happy practicing law - I was wrong. After I quit the traditional law firm life, I began representing my own clients. I realize now that I love helping normal people, small business owners, and non-profits address a variety of legal issues. I hope to hear from you.

Phocus L. on ContractsCounsel
View Phocus
5.0 (1)
Member Since:
September 16, 2021

Phocus L.

Attorney
Free Consultation
Phoenix, AZ, USA
12 Yrs Experience
Licensed in AZ, CA
Georgetown University Law Center

G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.

David W. on ContractsCounsel
View David
5.0 (1)
Member Since:
September 27, 2021

David W.

Lawyer
Free Consultation
Wisconsin
7 Yrs Experience
Licensed in WI
Marquette Law School

The Law Office of David Watson, LLC provides comprehensive and individualized estate-planning services for all stages and phases of life. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. And for convenience and transparency, many estate-planning services are provided at a flat rate.

Samuel R. on ContractsCounsel
View Samuel
5.0 (24)
Member Since:
October 2, 2021

Samuel R.

Attorney
Free Consultation
Phoenix - Arizona
4 Yrs Experience
Licensed in AZ, PA, UT
Widener University Delaware Law School

My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I am currently General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing outside expert legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, employee retention credits, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.

Nicholas A. on ContractsCounsel
View Nicholas
Member Since:
August 28, 2021

Nicholas A.

Founder, Victrix Legal LLC
Free Consultation
Buffalo, NY
2 Yrs Experience
Licensed in NY
Liberty University School of Law

I help small business owners build and protect their dreams. I always thought that I would just be a litigator. Then I joined an intellectual property clinic in law school. We were helping nonprofits and small businesses reach their goals. I fell in love with the work and decided to open my own firm so I could keep helping them. When I decided to start Victrix Legal, I decided that it would be a modern law firm designed to serve professionals. It would be different from every other law firm. In my experience, my law firms are designed to promote inefficiency and reactionary lawyering. Because in most firms, you make more money when you spend more time on a project. And you lose money if your client doesn't get sued. In my opinion, that's a built-in conflict of interest. My firm is different. I use flat fees for most basic projects to keep costs predictable for you and incentivize efficiency. I offer long-term advisory plans and legal audits to prevent issues from happening. I want my clients to see me as their business partner, not just the guy they call when they are in trouble. If any of that interests you, please reach out to me. I offer free consultations. Let's set aside some time and talk about what your legal needs are.

Gerald W. on ContractsCounsel
View Gerald
Member Since:
August 28, 2021

Gerald W.

Attorney
Free Consultation
Round Rock, Texas
9 Yrs Experience
Licensed in IL, TX
Valparaiso University School of Law

My clients know me as more than just an attorney. First and foremost, my background is much broader than that. Prior to attending the Valparaiso University School of Law, I earned a Master of Business Administration and ran a small business as a certified public accountant. Thanks to this experience, I possess unique insight which in turn allows me to better assist my clients with a wide range of business and tax matters today. In total, I have over 20 years of experience in financial management, tax law, and business consulting, and I’m proud to say that I’m utilizing the knowledge I’ve gained to assist the community of Round Rock in a variety of ways. In my current practice, I provide counsel to small to medium-sized businesses, nonprofit organizations, and everyday individuals. Though my primary areas of practice are estate planning, elder law, business consulting, and tax planning, I pride myself on assisting my clients in a comprehensive manner. Whenever I take on a new client, I make an effort to get to know them on a personal level. This, of course, begins with listening. It is important that I fully understand their vision so I can help them successfully translate it into a concrete plan of action that meets their goals and expectations. I appreciate the individual attributes of each client and know firsthand that thoughtful, creative, and customized planning can maximize both financial security and personal happiness. During my time as a certified public accountant, I cultivated an invaluable skill set. After all, while my legal education has given me a deep understanding of tax law, I would not be the tax attorney I am today without my background in accounting. Due to my far-reaching experience, I am competent in unraveling even the most complex tax mysteries and disputes. My CPA training benefits my estate planning practice, too. In the process of drafting comprehensive wills and trusts, I carefully account for every asset and plan for any tax burdens that may arise, often facilitating a much smoother inheritance for the heirs of my clients. Prior to becoming certified as a CPA, I made sure to establish a solid foundation in business both in and out of the classroom, and the acumen I’ve attained has served me well. Not only am I better able to run my own practice than I otherwise would be; I am able to help other small business owners fulfill their dreams, as well.

James David W. on ContractsCounsel
View James David
Member Since:
September 3, 2021

James David W.

Partner
Free Consultation
Raleigh, NC
7 Yrs Experience
Licensed in DC, NC
Harvard Law School

I graduated from Harvard Law School and worked first for a federal judge and then a leading DC firm before starting a firm with a law school classmate. My practice focuses on company formations, early-stage investments, and mergers & acquisitions.

Anna K. on ContractsCounsel
View Anna
Member Since:
November 11, 2021

Anna K.

Manager
Free Consultation
Miami, Florida
25 Yrs Experience
Licensed in FL
University of Miami

Anna is an experienced attorney, with over twenty years of experience. With no geographical boundaries confining her practice, Anna works on corporate, healthcare and real estate transactions. Anna brings extensive big firm experience, garnered as an associate in the Miami office of the world's largest law firm, Baker and McKenzie, and the Miami office of the international law firm Kilpatrick Townsend. Her areas of expertise include: mergers and acquisitions, initial public offerings, private placements, healthcare transactions, corporate finance, commercial real estate transaction and acting as a general corporate counsel. Anna is certified to practice law in Florida and was admitted to the Florida Bar in 1998. Anna is also a Certified Public Accountant. She passed May 1995 CPA Exam on the first sitting. She is fluent in Russian (native).

Serge Y. on ContractsCounsel
View Serge
Member Since:
September 22, 2021

Serge Y.

General Counsel
Free Consultation
NYC
11 Yrs Experience
Licensed in NY
Fordham University School of Law

Startup Lawyer that caters to the entrepreneurial spirit. Focusing on building long term relationships and working with emerging startups throughout their entire life cycle. From concept to IPO, I'll will help guide you along the way. Years of high level experience drafting, negotiating, and reviewing all types of transactional contracts, e.g., operating agreements, charters, bylaws, NDAs, Terms of Service, Master Service Agreements, etc. You name it; it's crossed my desk. Have a depth of experience working with the USPTO to file trademarks, copyrights, and patents. If you're in the startup space and need a helping hand, I'm your guy.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city