Transactions of sale of an enterprise and of an OPE

We support our clients in transactions involving the sale of an enterprise and OPE (organised part of an enterprise). Not only do we legally and organisationally secure the transaction itself, but – at the request of our clients – we also comprehensively coordinate the entire process of preparing the sale and implementing its consequences. We provide legal assistance to both sellers and buyers, so we know exactly what practical issues each of them should pay attention to.

The sale of an enterprise or an organised part of an enterprise is often a major business, organisational and legal challenge, which begins well before the transaction itself and ends long after the conclusion of the agreement. We look at the entire process comprehensively to ensure that our clients not only achieve their business objectives, but also the legal security for them and their business.

We take into account in such a transaction the specificities arising from the subject matter of the sale (an enterprise or its organised part), as well as the separate liability rules of the parties arising from the transaction of sale (disposal or acquisition) of an enterprise or its organised part, e.g. the liability of the parties towards each other and towards third parties, as well as the liability rules between the parties for third-party claims.

The Firm's offering covers all aspects of an enterprise sale transaction, including:

audit of the legal and tax status of an enterprise to be sold: we carry out a legal, tax and organisational analysis of an enterprise (or OPE) to be transacted. We are well aware that the basis for a safe and successful transaction is full awareness of the legal and financial situation of the entity in question;
preparation of a scheme and timetable of pre-sale and post-sale activities – we are fully aware that the disposal of an enterprise involves much more than signing a sale agreement – together with our clients we prepare a clear and comprehensive scenario of the necessary activities;
preparation of the content of the sales contract and negotiations with the other party – a proper contract, securing the interests of our client, is a priority for us; we will prepare its content and – at the client’s request – conduct negotiations with the other party, ensuring that the final provisions secure our client legally and in terms of business;
preparation of a complete set of documentation related to the sale of an enterprise – we know very well that a contract is not everything: the preparation of a comprehensive documentation will allow our client to prepare for the transaction and its consequences in every necessary field: legal, tax, financial and organisational;
participating in the signing of the transaction documentation, as well as the closing of the transaction;
Implementation of the acquired enterprise or organised part of an enterprise into ongoing operations – the acquisition of an enterprise is the first and most important step for achieving new business objectives. We also support our clients at the next stage – the implementation of the assets into their business operations.

Our support in transactions for the sale of an enterprise and an organised part of an enterprise is addressed to each of the parties to the transaction:

to the selling party: we support the seller at every stage of the enterprise transfer – from the stage of searching for a contractor, through the preparation of the entire sale transaction and the necessary documentation, to the appropriate recording of the effects of the transaction (depending on its subject matter and business components);
to the buyer side: we offer legal assistance to the buyer from the stage of the audit of the acquired company, through negotiations and coordination of the purchase process, to the preparation and implementation of the acquired enterprise or OPE into regular operations.