Buying&SellingaBusiness
Auckland lawyers for buying or selling a business - due diligence, sale and purchase agreements, and smooth ownership transfers.
How we can help
Buying or selling a business is one of the most significant commercial decisions you will make. Whether you are acquiring an established operation in South Auckland, selling a family business, or negotiating a share purchase in the Auckland CBD, Indus Legal provides end-to-end legal guidance to protect your investment and ensure a seamless transition of ownership. We work closely with your accountant and other advisers to coordinate every aspect of the transaction.
Our team conducts thorough due diligence - reviewing financial records, existing contracts, employment obligations, intellectual property, regulatory licences, and any potential liabilities - so you can proceed with confidence. We draft and negotiate sale and purchase agreements tailored to the specific nature of the business, whether it is a share sale, asset sale, or going concern transaction. We also advise on restraint of trade clauses, vendor warranties, and the apportionment of purchase price for tax purposes.
From the initial letter of intent through to settlement and post-settlement adjustments, our Auckland business lawyers keep the process on track. We understand the commercial realities facing New Zealand businesses and provide practical, cost-effective advice that helps you achieve the best possible outcome.
What we help with
- Comprehensive due diligence on financials, contracts, employees, and liabilities
- Drafting and negotiating sale and purchase agreements for share sales and asset sales
- Advising on business valuations, purchase price apportionment, and tax structuring
- Preparing restraint of trade, vendor warranty, and indemnity clauses
- Coordinating with accountants, banks, and third-party advisers through to settlement
- Post-settlement support including ownership transfers, licence assignments, and employee transitions
Frequently asked questions
What is the difference between a share sale and an asset sale in New Zealand?
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In a share sale, the buyer purchases the shares of the company, inheriting all its assets, liabilities, and contractual obligations. In an asset sale, the buyer acquires specific assets - such as equipment, stock, goodwill, and customer lists - without taking on the company's existing debts or liabilities unless agreed otherwise. The right structure depends on your commercial objectives and tax position, and we advise on the best approach for each situation.
How long does it take to buy or sell a business?
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Timeframes vary depending on the size and complexity of the business. A straightforward small business sale might complete in four to six weeks, while larger or more complex transactions can take several months. Key factors include the scope of due diligence, whether regulatory approvals are needed, and the negotiation of finance and settlement terms. Our Auckland team works to keep matters progressing efficiently.
Why is due diligence important when buying a business?
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Due diligence is your opportunity to verify that the business is what it appears to be before you commit. It involves reviewing financial statements, tax returns, material contracts, employment agreements, lease arrangements, and any outstanding legal issues. Without proper due diligence, you risk inheriting hidden liabilities or overpaying for the business. Indus Legal conducts a structured review to identify risks and ensure you are making an informed decision.
Ready to discuss your needs?
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