When it comes to business sales, there is information that we must provide - in a contract for sale, and there is information that we need to provide to get a buyer to make an informed decision (offer) about owning a business.
Buyers must know the staffing structure, who works within the business, what they do, and the staff/employee remuneration strategy.
The buyers also need to know your involvement, the owner's involvement, what your typical day, week and year looks like.
This information may need to be updated periodically during the campaign and must be accurate and detailed.
So, staffing and operations are broken down into two essential components.
There is an adage in business: "People aren't the most important asset in your business; the right people are."
If you want more than asset value for your business, that is, the replacement value of your assets, then you must explain how your people run your business.
In the marketing and negotiation phase of the sale, when we send the information package to prospective buyers, we must send a detailed summary in a concise table of the following:
There are further requirements, but this is the base information you must provide to get to more than asset value.
It takes a long time to realize that shiny things and fancy buildings are less valuable than those who run the business!
In the marketing phase, we don't need to provide the full names of employees, you can, but you don't need to.
The only people/buyers we will provide the people list and employee data to are those who have signed the confidentiality deed.
If you think demonstrating the value of your employees' skills is optional in obtaining maximum value for your business, then you should expect only asset value for your business.
We must be blunt because so many small to medium-business sellers need to be aware of this information's importance when selling.
When we move into the contract phase, we must provide a detailed table as an annexure or attachment to the contract relating to employees and the associated entitlements.
Position agreement is an agreement customised to a specific position of your business without a specific candidate.
Employment agreement is an agreement for a specific candidate or employee including detailed employment terms.
No. There is no legal obligation to take on employees. The buyer can make a decision to take on employees or not.
Link for long service leave from Fair Work: https://www.fairwork.gov.au/leave/long-service-leave
Link for long service leave in ACT: https://www.worksafe.act.gov.au/laws-and-compliance/long-service-leave
You are legally to clear all outstanding super or leave payments before the settlement date of business sale. We suggest you keeping your super or leave payments up to date.
Our advice is not to disclose any illegal cash payments for your staff to any buyers. Otherwise, you may be exposed to any risk associated with ATO audit.
We suggest you disclosing this information to potential buyers to help them make an informed decision.
Once contracts are exchanged unconditionally, the buyer can meet the staff and commence the agreed training process.