Employers' responsibilities when closing down a business
In this guide:
- Selling or closing a business
- Up-to-date paperwork when selling a business
- Stopping self-employment
- Stopping trading under the Construction Industry Scheme
- Selling or closing a limited company
- Informing Companies House when selling or closing a business
- Employers' responsibilities when selling a business
- Employers' responsibilities when closing down a business
- VAT when selling or closing a business
- Preparing a plan to close down your business
- Difficulties paying HMRC
Up-to-date paperwork when selling a business
The different paperwork you need to do if you intend to sell your limited company or LLP.
It is important that your tax and any official records concerning your business are up-to-date when you sell your business.
Business records when selling your business
One of the major reasons for this is that the buyer's solicitors and accountants will have to carry out due diligence checks. This involves gathering information about all aspects of your business so that the buyer can make an informed decision and modify the terms of the sale if necessary. Among other things, they will want to see:
- profit-and-loss statements
- tax returns
- any relevant leases and details of any outstanding loans, with repayment schedules
Customers and suppliers
You should also inform all your customers and suppliers so that:
- they have the chance to raise any outstanding payments, credits and liabilities
- you can account for any outstanding payments, credits and liabilities when you finalise your accounts and tax affairs
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Stopping self-employment
What you need to do and who to contact at HM Revenue & Customs when you stop being self-employed.
There are a number of steps to take and points to consider if you want to stop being self-employed.
Notifying HM Revenue & Customs (HMRC)
You must tell HMRC if you've stopped trading as a sole trader or you're ending or leaving a business partnership. Tell HMRC you're . HMRC will then cancel your Class 2 National Insurance contributions.
Finalising your Income Tax
You'll still need to before the deadline for the tax year in which your self-employment ended.
.
See HMRC's video on how to .
Capital Gains Tax if you sell or dispose of assets
If you sell or dispose of business assets - for example buildings, equipment, fixtures and fittings, or even the business' reputation ('goodwill') - you may also need to pay Capital Gains Tax on the 'profit' (or gain) that you make.
You may be able to claim reliefs - particularly - that may reduce or postpone any gains. If you sell your own assets, you may have Capital Gains Tax to pay too.
There are other to reduce the amount of Capital Gains Tax that you may be able to claim.
Offsetting costs against your tax bill
There will be costs involved in the process of closing down your business including:
- the cost of administration, postage and telephone charges to notify the relevant authorities - eg HMRC, institutions, suppliers and customers
- the cost of professional services from solicitors, accountants, estate agents, etc
Many of these costs may be allowable expenses, which can be offset against your tax bill. See .
Offsetting losses against your tax bill
If you were self-employed and you've made a loss, you may be able to offset this loss against your tax bill for the previous three years.
Read more on .
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Stopping trading under the Construction Industry Scheme
How to tell HM Revenue & Customs you have stopped trading under CIS.
You must call the as soon as possible if you're registered and stop trading as a contractor or subcontractor.
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Selling or closing a limited company
What you need to do when selling or closing a limited company.
If you are selling or closing a limited company there are a number of things you need to consider.
Corporation Tax
If the company or organisation is liable for Corporation Tax, it will still have to file Company Tax Returns and pay Corporation Tax during the closing or winding-up process when the company stops trading.
See .
Closing a limited company
If you are you usually need to have the agreement of your company's directors and shareholders. The way you close the company depends on whether it can pay its bill - known as solvent- or can't pay its bills - known as insolvent.
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Informing Companies House when selling or closing a business
Informing Companies House when selling a company or LLP with changes to the secretary, directors or members.
If you are selling a limited company you should appoint new directors before you resign as a director yourself. You will need to inform Companies House about these changes using .
If you are closing a limited company the way you inform Companies House may be different. See closing a company or partnership.
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Employers' responsibilities when selling a business
Information about your legal duties to inform and consult employees when transferring a business.
If you are selling your business, any employees will transfer to the new employer. Therefore, you have a legal duty to inform and consult your employees under the business transfer legislation. Understand your responsibilities to employees transferred out of your business.
Informing and consulting with employees
If you already have an information and consultation (I&C) agreement with your employees, you might choose to use this forum for informing and consulting employees about business transfers.
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Employers' responsibilities when closing down a business
Who to inform, which final payments to calculate and how to 91香蕉黄色视频 employees when you close a business.
If you have employees, you'll have certain legal responsibilities to meet when closing your business.
How to handle reduncancies
If you close your business, you will have to make your employees redundant.
Depending on how many employees you have and how long you have employed them for, you will have to:
- make statutory redundancy payments
- inform employees individually - and, if relevant, speak to their representatives
- follow a fair redundancy procedure
Payroll issues when closing a business
You need to tell HM Revenue & Customs (HMRC) as soon as possible if your business stops employing people you have stopped trading.
Find out how to .
Changes to pension schemes when closing a business
You must inform and consult employees about significant changes to their pension arrangements if you:
- employ 50 or more staff
- offer an occupational pension scheme or contribute to employees' personal pension schemes
Such changes include terminating the occupational scheme or ending your contributions to personal schemes - either of which could happen if you are closing your business.
See know your legal obligations on pensions.
Employee rights when closing down a business
If you close your business, you are required to treat your employees fairly and follow the correct process.
.
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VAT when selling or closing a business
What you need to do if your business is VAT registered and you are closing or selling your business.
If you are VAT-registered and you are closing your business, you will need to inform HM Revenue & Customs (HMRC) that you want to .
Once HMRC are satisfied that your registration should be cancelled, they will confirm the date of de-registration which is usually the date you stopped trading.
You will have to submit a final VAT return for the period up to and including the de-registration date. You must account for VAT on stock and certain assets you have at the close of business on the day your registration is cancelled.
See submitting VAT returns, paying and repayments.
VAT when selling your business
If you are selling your VAT-registered business, you normally have to cancel your VAT registration.
However, in some situations, the new owner of your business can apply to keep your VAT registration number through a .
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Preparing a plan to close down your business
What you should put in your written plan to help you close your business properly.
Whatever the reasons for closing your business, to make the process as easy as possible, you should put together a formal written plan.
To do this, it may be useful to refer back to your original business plan to help make sure you cover necessary areas. You may even have specified procedures in your formation documents to follow when winding up the business. See write a business plan: step-by-step.
Closing a business plan - what to include
Your plan should ideally list everything you need to do under headings, such as:
- tax requirements
- rentals and leases
- closing accounts with suppliers and customers.
Set a specific date or timescale for each task.
Seek professional advice
If your business is small, you will almost certainly need to call on outside specialist professional advisers such as your solicitor, accountant, and financial adviser. If there are assets to dispose of, you may need to use an estate agent, valuer, surveyor or auctioneer.
See choose a solicitor for your business and how to choose an accountant for your business.
Pay the right amount of tax
To make sure you pay the right amount of tax, you will need to collect any money you are owed, and pay all your outstanding bills. This includes your regular operating costs up until the point your business closes, including utility and telephone bills and any payroll obligations.
If you find that disputes arise with creditors or debtors, outside parties can bring an objective viewpoint and help you to reach an amicable settlement. Read how to ensure customers pay you on time.
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Difficulties paying HMRC
What you need to do if you have problems paying what you owe to HMRC when selling or closing a business.
HM Revenue & Customs (HMRC) expects all customers to make payments when they are due. However they understand that as a result of circumstances outside your control, this isn't always possible. Let HMRC know about tax payment problems.
Letting HMRC know that you have stopped trading or are selling your business will help avoid them issuing unnecessary payment demands to you. .
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Preparing to negotiate the sale of a business
In this guide:
- Understanding contracts when buying or selling a business
- Preparing to negotiate the sale of a business
- Preparing for the final contract
- Signing and completing the sale of a business
- Negotiating the sales deal - buyer's perspective
- Negotiating the sales deal - seller's perspective
- Checklist before you sign a sales contract
Preparing to negotiate the sale of a business
The contracts and non-legally binding documents you need for the sale process to begin.
Whether buying or selling a business, take time to plan it carefully. Take expert advice to assess the risks, set clear aims and a strategy for achieving them.
The first contracts you sign will be with a financial adviser for finance and tax advice and a solicitor for legal advice. Sellers are also likely to appoint a business transfer agent or business broker to approach possible buyers. You need to clearly define tasks and fee structures. For more information, see choose a solicitor for your business and choose an accountant for your business.
Confidentiality or non-disclosure agreement
The seller's solicitor will draw up a legally-binding confidentiality or non-disclosure agreement to be signed by all prospective buyers before they receive the sales memorandum. A business broker or corporate finance adviser will often also do this.
Sales memorandum
In the sales memorandum, which is not legally binding, the seller gives details of
- the business sector
- how long the business has been trading
- main financial details, eg profit, cashflow, asset value, total debt
- number, age, length of service, job descriptions and details of salaries and benefits of all staff
- location of premises, size, rent and rates, freehold or leasehold (with terms) special considerations (eg special licenses)
- the structure of the sale, eg is the sale of part or all of the business
Purchase offers
Ideally, all purchase offers should be made in writing. Any initial verbal purchase offer should be followed up with a letter setting out the main details and stating prominently that the offer is "subject to contract", in other words, not legally binding.
The offer should include details of:
- what the buyer is offering to purchase, eg the business or its assets
- the offer price and payment terms
- the main information required by the buyer before a firm offer will be made, eg whether leases, licences and client contracts are transferable, liabilities for employees, etc
At this stage, the seller compares offers and selects a buyer. It is the seller's responsibility to check the credit-worthiness of prospective buyers and that the buyer can raise the funds to buy the business. The buyer then needs to start checking the business - this is called preliminary due diligence. Due diligence should not be started until lawyers have been instructed and a firm purchase offer has been agreed and signed.
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Preparing for the final contract
Your legal obligations as you enter the final stage of negotiations.
When buyer and seller are satisfied with their initial checks, and an initial offer has been made and accepted, the next step is to negotiate the firm purchase offer, which is called a Heads of Terms Agreement, or Heads of Agreement. This document sets out the main points of the sale and is not usually legally binding - except for issues of exclusivity and confidentiality.
What should the purchase offer include?
The Heads of Agreement should cover:
- what is included in the sale
- the price and payment structure
- the terms of the period of exclusivity to complete the sale, including that period's termination (usually the buyer offers a small deposit in return for the seller taking the company off the market)
- preconditions for the sale (eg minimum level of profits or orders within a certain time)
Parts of the agreement are legally binding and set out in separate documents:
- exclusivity
- confidentiality
- warranties
- indemnities
Other legally-binding agreements include the seller's disclosure letter limiting his liabilities under the warranties, and any agreements from the seller and buyer to pay each other's costs in certain circumstances if the sale falls through.
All these documents need to be carefully prepared and thoroughly checked. If the seller does not meet the preconditions, the sale will probably not go ahead. If warranties are breached, the buyer can sue for damages. It is a criminal offence for the seller to give false or misleading information about shares.
Due diligence
Once the Heads of Agreement is signed, the buyer's advisers carry out thorough searches into the business records, called detailed due diligence. There are three types of due diligence:
- legal - for example, checking that the business has legal title to the assets which it is selling/transferring
- financial - checking that everything is in order financially
- commercial - assessing the business' position in the market place
See make sure a business is worth buying: due diligence.
During this period, negotiations continue with the seller on drafting the final sale agreement, or sale purchase contract.
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Signing and completing the sale of a business
Details of the sale purchase contract and documentation, and the main tasks you must do to complete the sale.
You should ensure all the agreements made during the negotiations are included in the sale purchase contract and that all the necessary details are set out in the accompanying documentation. Most of these documents are drawn up by the buyer's solicitor and negotiated, finalised and signed remotely.
What should the sale purchase contract include?
The final documentation typically includes:
- the sale agreement
- the tax deed (in share purchases, this is the seller's indemnity against unforeseen tax liability)
- any other indemnity agreements, where the seller agrees to reimburse the buyer in full for undisclosed liabilities incurred by the company before the sale
- minutes of the board meeting agreeing the transfer of ownership and resignation of directors
- transfer documents for licences, leases, client contracts, shares, etc
- service agreements (for the seller and other directors remaining in an advisory role and for employees remaining with the business)
- finance details for the sale (including guarantees, loan or share agreements)
- agreements for any deferred payments by the buyer
- warranties, for example guaranteeing the accuracy of the seller's statements on all key information
- the seller protection schedule for the buyer's claims against warranties
- the seller's disclosure letter and documentary evidence regarding warranties
- non-compete agreements or covenants (for the seller not to set up a competing business in the same area within a given time period)
After signing, the buyer's and seller's solicitors ensure that each side keeps the original documents they need. The buyer's solicitors prepare a file of all the documentation for both the seller and the buyer.
Completing the sale of the business
To complete the sale:
- the buyer's solicitors register the change of ownership and directors at Companies House
- in asset and goodwill deals, the seller deregisters and the buyer registers for VAT
- the financial agreements are put into effect
- the seller - and the buyer if necessary - must have informed and consulted affected employees and be compliant under the Transfer of Undertakings (Protection of Employment) (TUPE) regulations
- buyer and seller work through the task list for the handover
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Negotiating the sales deal - buyer's perspective
The main points you need to consider when you are negotiating to buy a business.
Throughout your research and negotiations, keep sight of your aims and the risk assessment you made for buying this business at the price you have offered. You might lose money on advisers' fees, but it is better to cancel the sale than take on liabilities you cannot afford. Have at least one other target business lined up in case this deal falls through.
Gain a thorough understanding of the business you are buying
Do your own valuation of the company, its market position, future profits, how it will fit with your existing business, if you have one, and weigh the total cost against total benefit before you make an initial offer. Find out why the seller wants to sell and if the business has any major problems. Decide whether you want to buy the assets only, and therefore have no legal obligations for previous contracts, or the entire business. If attempting to buy assets only, be aware that a seller may expect a higher price to compensate for any loss of tax benefits available from the sale of shares.
You need to find the balance between protecting yourself against future liability and maintaining trust with the seller, especially if you want the seller to continue in an advisory role during any handover period. Your inquiries need to be thorough but also discreet enough not to disrupt the business.
What to look out for when buying a business
Before you decide to buy, be sure that
- the seller has given you all the information you need
- the seller's claims are confirmed by the business' records and by your discussions with clients, suppliers, etc
- you know the exact ownership of the business and its assets
- the warranties and disclosure letter cover all unexpected contractual obligations
- you know the cost of your liabilities to the business' employees, especially concerning pensions and redundancy pay
- all problems have been resolved and agreed in writing with the seller
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Negotiating the sales deal - seller's perspective
The main points you need to consider when negotiating the sale of your business.
Throughout the negotiations, keep in mind what you want to achieve in selling your business. If necessary, reconsider what you are prepared to sell, the kind of buyer and financing. For example, you could try for an employee buyout rather than a trade sale. Even if you lose money on advisers' fees, it might be better than selling and not achieving your aims.
See how to achieve an employee buyout.
Using a third party agent for anonymity
If selling to another business, use a business transfer agent, business broker or corporate financier to issue your sales memorandum. This way you do not reveal your business' identity until you have made your choice of potential buyers.
Before selling your business
Before you start discussions, get your buyers to sign confidentiality or non-disclosure agreements. You need to check their credit-worthiness at this early stage to eliminate prospective buyers who cannot pay. Compare the prices and payment terms in their initial offers. Some may include too many future payments conditional on profits or other targets. Make your first choice, but keep other buyers lined up in case this deal falls through.
You may have decided to sell to the highest bidder or the one who best secures the business' future. Either way, you should be prepared to continue working for the business during a certain period if your knowledge and contacts are vital to the business.
Take great care over the wording and what is covered by the warranties and indemnities. Have your solicitor draft a disclosure letter to limit your liabilities and a vendor protection schedule to limit the time period within which they apply. See your responsibilities and liabilities when selling your business.
You need to take equal care over the financial details and make a more detailed check of your buyer's financial track record and the payment structure they are offering.
Before you agree to sell, make sure that all problems have been resolved and agreed in writing with the buyer.
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Checklist before you sign a sales contract
The details you need to check before and after you sign the final contract in order to complete the sale of a business.
Before you sign, you need to double-check the details written into the final contract and its accompanying documents. Once you have signed, there is a further list of tasks you need to do before you can complete the sale.
Checklist for selling or buying a business
Before you sign a contract, you should:
- review your aims and how well this contract meets them
- make sure all the agreements made during the negotiation are included in the contract
- make sure there are no vaguely worded provisions, exclusions or limitations in the contract which could give rise to problems later
- if you are buying, ensure you have non-compete agreements in place
- check the financial and tax details again with your financial adviser
- check your obligations and the wording of the contract and other agreements again with your solicitor
- ensure all the necessary documentation and signatories are present at the signing session
- establish a schedule of tasks for completing the sale, making the handover, continuing the business and meeting future obligations
- make sure you have copies of all negotiated agreements kept in a safe place
- have informed and consulted affected employees in compliance with the Transfer of Undertakings (Protection of Employment) (TUPE) regulations
After you have signed a contract, make sure that:
- all others who need to sign have signed the relevant documents
- your solicitor has all the original documents you need to keep
- the buyer's solicitor has copies of all the documents and will present a digital version to both the buyer and seller
- the financial agreements are put into effect
- the buyer's solicitor makes the change of ownership return to Companies House
- in asset and goodwill deals, the seller deregisters and the buyer registers for VAT
- the seller - and the buyer if applicable - continues to inform and consult affected employees in compliance with TUPE as necessary
- both sides are ready for the handover and for informing clients, suppliers, etc
- the business operates smoothly up to and after the sale is completed
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Negotiating the sales deal - buyer's perspective
In this guide:
- Understanding contracts when buying or selling a business
- Preparing to negotiate the sale of a business
- Preparing for the final contract
- Signing and completing the sale of a business
- Negotiating the sales deal - buyer's perspective
- Negotiating the sales deal - seller's perspective
- Checklist before you sign a sales contract
Preparing to negotiate the sale of a business
The contracts and non-legally binding documents you need for the sale process to begin.
Whether buying or selling a business, take time to plan it carefully. Take expert advice to assess the risks, set clear aims and a strategy for achieving them.
The first contracts you sign will be with a financial adviser for finance and tax advice and a solicitor for legal advice. Sellers are also likely to appoint a business transfer agent or business broker to approach possible buyers. You need to clearly define tasks and fee structures. For more information, see choose a solicitor for your business and choose an accountant for your business.
Confidentiality or non-disclosure agreement
The seller's solicitor will draw up a legally-binding confidentiality or non-disclosure agreement to be signed by all prospective buyers before they receive the sales memorandum. A business broker or corporate finance adviser will often also do this.
Sales memorandum
In the sales memorandum, which is not legally binding, the seller gives details of
- the business sector
- how long the business has been trading
- main financial details, eg profit, cashflow, asset value, total debt
- number, age, length of service, job descriptions and details of salaries and benefits of all staff
- location of premises, size, rent and rates, freehold or leasehold (with terms) special considerations (eg special licenses)
- the structure of the sale, eg is the sale of part or all of the business
Purchase offers
Ideally, all purchase offers should be made in writing. Any initial verbal purchase offer should be followed up with a letter setting out the main details and stating prominently that the offer is "subject to contract", in other words, not legally binding.
The offer should include details of:
- what the buyer is offering to purchase, eg the business or its assets
- the offer price and payment terms
- the main information required by the buyer before a firm offer will be made, eg whether leases, licences and client contracts are transferable, liabilities for employees, etc
At this stage, the seller compares offers and selects a buyer. It is the seller's responsibility to check the credit-worthiness of prospective buyers and that the buyer can raise the funds to buy the business. The buyer then needs to start checking the business - this is called preliminary due diligence. Due diligence should not be started until lawyers have been instructed and a firm purchase offer has been agreed and signed.
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Preparing for the final contract
Your legal obligations as you enter the final stage of negotiations.
When buyer and seller are satisfied with their initial checks, and an initial offer has been made and accepted, the next step is to negotiate the firm purchase offer, which is called a Heads of Terms Agreement, or Heads of Agreement. This document sets out the main points of the sale and is not usually legally binding - except for issues of exclusivity and confidentiality.
What should the purchase offer include?
The Heads of Agreement should cover:
- what is included in the sale
- the price and payment structure
- the terms of the period of exclusivity to complete the sale, including that period's termination (usually the buyer offers a small deposit in return for the seller taking the company off the market)
- preconditions for the sale (eg minimum level of profits or orders within a certain time)
Parts of the agreement are legally binding and set out in separate documents:
- exclusivity
- confidentiality
- warranties
- indemnities
Other legally-binding agreements include the seller's disclosure letter limiting his liabilities under the warranties, and any agreements from the seller and buyer to pay each other's costs in certain circumstances if the sale falls through.
All these documents need to be carefully prepared and thoroughly checked. If the seller does not meet the preconditions, the sale will probably not go ahead. If warranties are breached, the buyer can sue for damages. It is a criminal offence for the seller to give false or misleading information about shares.
Due diligence
Once the Heads of Agreement is signed, the buyer's advisers carry out thorough searches into the business records, called detailed due diligence. There are three types of due diligence:
- legal - for example, checking that the business has legal title to the assets which it is selling/transferring
- financial - checking that everything is in order financially
- commercial - assessing the business' position in the market place
See make sure a business is worth buying: due diligence.
During this period, negotiations continue with the seller on drafting the final sale agreement, or sale purchase contract.
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Signing and completing the sale of a business
Details of the sale purchase contract and documentation, and the main tasks you must do to complete the sale.
You should ensure all the agreements made during the negotiations are included in the sale purchase contract and that all the necessary details are set out in the accompanying documentation. Most of these documents are drawn up by the buyer's solicitor and negotiated, finalised and signed remotely.
What should the sale purchase contract include?
The final documentation typically includes:
- the sale agreement
- the tax deed (in share purchases, this is the seller's indemnity against unforeseen tax liability)
- any other indemnity agreements, where the seller agrees to reimburse the buyer in full for undisclosed liabilities incurred by the company before the sale
- minutes of the board meeting agreeing the transfer of ownership and resignation of directors
- transfer documents for licences, leases, client contracts, shares, etc
- service agreements (for the seller and other directors remaining in an advisory role and for employees remaining with the business)
- finance details for the sale (including guarantees, loan or share agreements)
- agreements for any deferred payments by the buyer
- warranties, for example guaranteeing the accuracy of the seller's statements on all key information
- the seller protection schedule for the buyer's claims against warranties
- the seller's disclosure letter and documentary evidence regarding warranties
- non-compete agreements or covenants (for the seller not to set up a competing business in the same area within a given time period)
After signing, the buyer's and seller's solicitors ensure that each side keeps the original documents they need. The buyer's solicitors prepare a file of all the documentation for both the seller and the buyer.
Completing the sale of the business
To complete the sale:
- the buyer's solicitors register the change of ownership and directors at Companies House
- in asset and goodwill deals, the seller deregisters and the buyer registers for VAT
- the financial agreements are put into effect
- the seller - and the buyer if necessary - must have informed and consulted affected employees and be compliant under the Transfer of Undertakings (Protection of Employment) (TUPE) regulations
- buyer and seller work through the task list for the handover
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Negotiating the sales deal - buyer's perspective
The main points you need to consider when you are negotiating to buy a business.
Throughout your research and negotiations, keep sight of your aims and the risk assessment you made for buying this business at the price you have offered. You might lose money on advisers' fees, but it is better to cancel the sale than take on liabilities you cannot afford. Have at least one other target business lined up in case this deal falls through.
Gain a thorough understanding of the business you are buying
Do your own valuation of the company, its market position, future profits, how it will fit with your existing business, if you have one, and weigh the total cost against total benefit before you make an initial offer. Find out why the seller wants to sell and if the business has any major problems. Decide whether you want to buy the assets only, and therefore have no legal obligations for previous contracts, or the entire business. If attempting to buy assets only, be aware that a seller may expect a higher price to compensate for any loss of tax benefits available from the sale of shares.
You need to find the balance between protecting yourself against future liability and maintaining trust with the seller, especially if you want the seller to continue in an advisory role during any handover period. Your inquiries need to be thorough but also discreet enough not to disrupt the business.
What to look out for when buying a business
Before you decide to buy, be sure that
- the seller has given you all the information you need
- the seller's claims are confirmed by the business' records and by your discussions with clients, suppliers, etc
- you know the exact ownership of the business and its assets
- the warranties and disclosure letter cover all unexpected contractual obligations
- you know the cost of your liabilities to the business' employees, especially concerning pensions and redundancy pay
- all problems have been resolved and agreed in writing with the seller
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/content/negotiating-sales-deal-buyers-perspective
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Negotiating the sales deal - seller's perspective
The main points you need to consider when negotiating the sale of your business.
Throughout the negotiations, keep in mind what you want to achieve in selling your business. If necessary, reconsider what you are prepared to sell, the kind of buyer and financing. For example, you could try for an employee buyout rather than a trade sale. Even if you lose money on advisers' fees, it might be better than selling and not achieving your aims.
See how to achieve an employee buyout.
Using a third party agent for anonymity
If selling to another business, use a business transfer agent, business broker or corporate financier to issue your sales memorandum. This way you do not reveal your business' identity until you have made your choice of potential buyers.
Before selling your business
Before you start discussions, get your buyers to sign confidentiality or non-disclosure agreements. You need to check their credit-worthiness at this early stage to eliminate prospective buyers who cannot pay. Compare the prices and payment terms in their initial offers. Some may include too many future payments conditional on profits or other targets. Make your first choice, but keep other buyers lined up in case this deal falls through.
You may have decided to sell to the highest bidder or the one who best secures the business' future. Either way, you should be prepared to continue working for the business during a certain period if your knowledge and contacts are vital to the business.
Take great care over the wording and what is covered by the warranties and indemnities. Have your solicitor draft a disclosure letter to limit your liabilities and a vendor protection schedule to limit the time period within which they apply. See your responsibilities and liabilities when selling your business.
You need to take equal care over the financial details and make a more detailed check of your buyer's financial track record and the payment structure they are offering.
Before you agree to sell, make sure that all problems have been resolved and agreed in writing with the buyer.
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Checklist before you sign a sales contract
The details you need to check before and after you sign the final contract in order to complete the sale of a business.
Before you sign, you need to double-check the details written into the final contract and its accompanying documents. Once you have signed, there is a further list of tasks you need to do before you can complete the sale.
Checklist for selling or buying a business
Before you sign a contract, you should:
- review your aims and how well this contract meets them
- make sure all the agreements made during the negotiation are included in the contract
- make sure there are no vaguely worded provisions, exclusions or limitations in the contract which could give rise to problems later
- if you are buying, ensure you have non-compete agreements in place
- check the financial and tax details again with your financial adviser
- check your obligations and the wording of the contract and other agreements again with your solicitor
- ensure all the necessary documentation and signatories are present at the signing session
- establish a schedule of tasks for completing the sale, making the handover, continuing the business and meeting future obligations
- make sure you have copies of all negotiated agreements kept in a safe place
- have informed and consulted affected employees in compliance with the Transfer of Undertakings (Protection of Employment) (TUPE) regulations
After you have signed a contract, make sure that:
- all others who need to sign have signed the relevant documents
- your solicitor has all the original documents you need to keep
- the buyer's solicitor has copies of all the documents and will present a digital version to both the buyer and seller
- the financial agreements are put into effect
- the buyer's solicitor makes the change of ownership return to Companies House
- in asset and goodwill deals, the seller deregisters and the buyer registers for VAT
- the seller - and the buyer if applicable - continues to inform and consult affected employees in compliance with TUPE as necessary
- both sides are ready for the handover and for informing clients, suppliers, etc
- the business operates smoothly up to and after the sale is completed
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Forms of employee ownership
In this guide:
- How to achieve an employee buyout
- Advantages of an employee buyout
- Alternatives to an employee buyout
- Planning for an employee buyout
- Forms of employee ownership
- Key stages in an employee buyout
- Financing an employee buyout
- Running the business after an employee buyout
- Help and advice for employee buyouts
- Becoming an employee-owned company 鈥 White Ink Architects
Advantages of an employee buyout
An employee buyout can help preserve your business and employees jobs, and deliver a fair price.
If you want to retire, or to sell your business, you need to decide how to organise your exit from the business. Many business owners find that an employee buyout is an attractive option.
With an employee buyout, ownership of the business passes to the employees, either directly or through a trust. Unlike a management buyout, all the employees are involved.
Advantages of an employee buyout
- An employee buyout can be the best way of preserving the business and ensuring that employees retain their jobs.
- Completing the buyout helps ensure that the new owners of the business - the employees - are highly motivated. For many owners, safeguarding the future of the business and its employees is an important objective.
- An employee buyout can be a very effective way of organising your exit. It is usually less disruptive than alternatives, particularly as employees avoid the uncertainty of other kinds of sale.
- A buyout can also be completed without disclosing confidential information to competitors.
- Different financing options can allow the business to be sold for a fair price, even if the employees could not normally afford to buy it outright. Some business owners choose to sell their business to the employees for less than the full market value. See financing an employee buyout.
- There may also be tax advantages if the buyout is structured in the right way.
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Alternatives to an employee buyout
Family succession, new management, trade sale, flotation, MBO or liquidation as possible exits.
There are several possible alternatives to an employee buyout and a number of advantages and disadvantages to these:
-
You may want to keep your business in the family. You need to be sure that you have a suitable successor. See transferring a business to a family member.
-
You could decide to carry on yourself - but this only postpones the succession problem. And working on after you want to retire is unlikely to be in the best interests of your business or yourself.
-
You could bring in new management from outside. But you would still own the business and retain ultimate control of how it is run.
-
Perhaps the most common method of exiting a business is a trade sale to another business. This can be time-consuming and disruptive, and involves disclosing confidential information to competitors. See value and market your business for sale.
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Floating the business on a stock market can be an option if you have a strong track record and good growth prospects, though it's often a drawn out and costly process. See floating on the stock market.
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Rather than selling your business to all the employees, you could opt for a management buyout. This can be more disruptive than an employee buyout and demotivating for employees, who do not participate in the buyout. An employee buyout can include all the employees and the management.
-
You might decide that the business is worth more if you close it down and sell off the assets. Of course, this means that employees lose their jobs, and your reputation could suffer. An employee buyout can sometimes save a business in this position.
Ideally, you should think about the alternatives and plan your exit well in advance. It is a good idea to consider your exit strategy when starting up a business.
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Planning for an employee buyout
Involving employees to create an ownership culture is key to a successful buyout.
Changing from a business controlled by an owner-manager to a business owned by its employees can represent a big shift in culture. Employees may never have considered the possibility of becoming owners, or feel that it is too risky for them. They may also be reluctant to get involved in decision-making when they see that as your job.
Getting employees involved in the buyout
It's essential to involve employees in the whole process of moving towards an employee buyout. Communication is essential, you should look for ways to share information with employees, such as newsletters and regular meetings. You should also make sure you consult employees on key issues, particularly where this is a legal requirement. See inform and consult your employees.
The more time you have, the easier it is to create an ownership culture like this. You also have more options for the way the buyout is financed and organised. For example, employees could be gradually awarded shares, or a trust could be formed to assist the buyout. See financing an employee buyout.
Typically, final planning of an employee buyout takes anything from two to 18 months. Changing the way your business operates can be the most important - and challenging - part of the process. See more on change management.
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Forms of employee ownership
Employee trusts, direct share ownership, co-operatives and other employee ownership options.
Employees can own a business in various ways, either directly or indirectly.
The choice is often determined by the size of the business and the number of employees. For example, a relatively small buyout might choose a co-operative model with an Industrial and Provident Society or a share company structure.
Another common method is to set up an employee trust that holds shares on behalf of the employees. This can be a very flexible solution. The trust might hold the shares forever, or distribute them to individual employees, or a combination of the two. It can buy shares back from employees who want to sell (for example, when they retire).
Putting shares into an employee trust can have tax advantages if the deal is structured in the right way. Using a trust may also be a good way of raising bank finance to acquire the shares. See financing an employee buyout.
Direct ownership
Employees can also own shares directly in their own individual names. One way is for employees to acquire shares over time, perhaps as bonuses or part of their remuneration. Some share schemes offer tax advantages to the company and employees. See set up employee share schemes.
Alternatively, the shares in the company could initially be bought by an employee trust which later distributes them. Or some shares could be owned directly by individual employees, while an employee trust owns and keeps the rest.
The employees may choose to form a that then acquires the business.
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Key stages in an employee buyout
Assessing feasibility, planning, negotiating and completing an employee buyout.
The first step is to check that an employee buyout is a realistic option. What are the objectives of the owner - and what do the employees want? A rough assessment of how much the business is to be sold for and its future prospects is important. Would a buyout be financially viable?
If a buyout seems a possibility, more detailed plans need to be developed. The business plan is likely to need updating to take account of the planned changes and to help raise any financing. The proposed structure for the employee buyout needs to be decided, taking into account the tax consequences.
You'll probably also want to agree a preliminary timetable for the buyout. At the same time, you should start developing plans for once the buyout has been completed. Involving employees is a key part of this process. Read more on planning for an employee buyout.
Finance and price
The price and terms and conditions of the deal can then be negotiated in detail. At this stage both owner and employees will need specialist advice, though they may well have involved advisers much earlier in the process. See help and advice for employee buyouts. At the same time, financing can be arranged.
Final stage - deal is completed
Once everything is ready, final documents are signed, financial arrangements are put in place and the deal is completed. The new owners take control of the business. Read more on running the business after an employee buyout.
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Financing an employee buyout
Borrowing options, deferred payment and employee financing for buyouts.
The financing of an employee buyout depends on the financial viability of the business and how the buyout is being structured. The right solution may involve a combination of several different options.
Shares through an employee trust
If shares are being bought by an employee trust, the trust may be able to borrow from a bank - particularly if the business has strong, predictable cashflow and good asset backing. The trust then uses future business profits to pay interest and make loan repayments.
Specialist lenders for employee buyouts
As well as banks, there are also a number of specialist lenders that finance employee buyouts.
Alternatively, the owner of the business can help finance the business by agreeing to accept payment over time rather than all at once. Owners who have faith in their business - and 91香蕉黄色视频 the idea of an employee buyout - are often willing to do this.
Employees themselves can also help finance the buyout. They can finance the gradual acquisition of shares by taking shares or share options as part of their remuneration. Or they can invest their own savings.
As the financing structure can also have important tax consequences, you may want to take specialist advice. Read more on help and advice for employee buyouts.
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Running the business after an employee buyout
Training for employees, managers and trustees for their new roles.
Once the buyout has been completed, the business normally continues to be run as a profit-making enterprise. In many cases, the same managers continue to run the business, and the same employees to work in the business - even though the employees are now the owners. But both employees and managers need to understand their new roles.
Employees are likely to need training in their new role as owners. For example, they may be responsible for voting to elect directors to the board of the company. In a relatively small buyout, employees may be taking on new supervisory or management roles and need to learn new skills. See skills and training for directors and owners.
Managers and directors also need training and 91香蕉黄色视频. They need to understand the crucial importance of good communication within the business to avoid conflict. They also need to maintain a culture of employee participation, which should have been developed when planning for an employee buyout.
Managing ownership
If shares are owned by an employee trust, the trust must have trustees - some of whom are likely to be employees. The trust may run an internal market in shares, allowing employees to buy or sell shares in the business. Or the trust might distribute dividends to employees.
The trustees will need specialist advice. Read more on help and advice for employee buyouts.
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Help and advice for employee buyouts
Sources of information, advice and specialist financing for employee buyout.
There are several organisations that provide help and 91香蕉黄色视频 for employee buyouts:
- , the association of employee-owned and trust-owned businesses, offers information and advice.
- offers loans for employee-owned businesses.
- can put you in touch with member development bodies offering hands-on advice and 91香蕉黄色视频.
Seek professional advice
In addition, both the business owner and employees will need professional advisers such as solicitors and accountants to help negotiate the buyout. If an employee trust is being set up, the trustees also need advice. If you can, it makes sense to get advice from specialists with prior experience of employee buyouts.
See choose an accountant for your business and choose a solicitor for your business.
Owner, employees and trustees all need independent advice as their interests are not necessarily the same.
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How to achieve an employee buyout
Becoming an employee-owned company 鈥 White Ink Architects
Joan McCoy, co-founder of White Ink Architects, explains why they decided to become an employee-owned company.
White Ink Architects is a RIBA Chartered Architectural practice. Founded in October 2001 by Sean Tunney, Claude Maguire and Joan McCoy, the company initially called Maguire Tunney McCoy was renamed White Ink Architects in 2003.
White Ink Architects started as a partnership, converted to a limited company in 2005 and became employee-owned in 2021.
Joan explains why they decided to become an employee-owned company and the process that they went through.
Consider your options
鈥淏efore employee ownership, the business was managed by the three directors who were also equal shareholders, owning 100 per cent of the shares between them.
鈥淲e wanted to find a way of securing the future practice in addition to its culture and the prospects of everyone who has worked so hard to make it successful. Options considered included employee buy-out and sale - however, the advantages of employee ownership through the trust model made it a clear choice for us.
鈥淭he Employee Ownership Trust (EOT) model means that effectively 鈥榤oney is off the table鈥 - this means that employees in future will not have to find excessive sums of money to fund the purchase of shares.
鈥淚t was important to us, having set up the practice with nothing, that we could secure its future through talent. The future directors will be determined by leadership skills and talent, not by the ability to access funds to buy the owners out.
鈥淭he EOT model also allows us to retain the ethos and culture of the practice 鈥 something not guaranteed with an external sale, where a buyer might introduce a different culture or seek to take the business in a direction not 91香蕉黄色视频ed by the employees.
鈥淭here are also tax advantages for sellers and for bonus payments to future employee owners (within tightly constrained rules) as part of the structure laid out by the government to encourage this model of succession.鈥
Steps to achieve employee ownership
鈥淎fter we researched the options for succession, we received guidance from a specialist co-ownership consultant and companies who had successfully transitioned to employee ownership to help understand the tax, legal and operational issues.
"Not only did our consultant handle all of the paperwork and legal aspects, but they guided us through the employee engagement process and employee-owner training for a successful outcome.
鈥淲e obtained an independent valuation of the business, and our business plan assessed that the company was in good financial health to meet future shareholder payment obligations. We also obtained tax clearance for the proposal from HM Revenue & Customs.
"We contacted the Employee Ownership Association and gained insight into the approaches of other companies running as an employee-owned businesses.
鈥淲e then consulted with our employees and obtained feedback. We explained the rationale and how it would work. With the obvious benefits for everyone, it was well-received. We followed up with a guidance document on employee ownership and training sessions on the responsibilities and rights of employee-owners.
鈥淭he transition process to employee ownership took six to seven months.鈥
Measure success and plan for the future
鈥淭he biggest challenge for the shareholders was the shift of mindset 鈥 moving on from the idea that White Ink would no longer be 鈥榦urs'. I think the key to the success of this process is to be confident in advance of the transition that it is the right decision, both personally and also for the business.
鈥淥ur employees now have a real stake in the success of their practice. We hope that they will benefit from the financial rewards of this long term plus enjoy the immediate benefits of increased engagement, knowledge, and consultation regarding the management of the practice and its future direction.
鈥淭he practice is now being run for the benefit of employees for the long term. The company directors are accountable to the employees via the Trustees of the employee ownership, which includes a staff member in the role of Staff Trustee. This elected position provides a voice to the staff at the highest level.
鈥淚n due course, we also hope to make a first 鈥楾ax-free鈥 bonus to the employees - one immediate tangible benefit to the employees.
鈥淭he move to employee ownership, whilst a big step, is only the start of the process. Figuring out what it means for White Ink moving forward will be a process that has many iterations over the future lifespan of the company.
"Knowing that White Ink will continue as long as we have a group of employees working together for mutual success is a very satisfying achievement."
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Is franchising right for your business?
In this guide:
- Franchise your business
- Franchising options
- Advantages and disadvantages of franchising your business
- Is franchising right for your business?
- Develop your franchise format
- The franchise agreement for a franchisor
- Franchise fees and royalties
- Marketing your franchise opportunity
- Managing your franchisees
- Turn your business into a franchise - eight top tips
- Turning my business into a franchise - the Zip Yard (video)
Franchising options
Business format franchising, licensing, and agency and distribution agreements.
If you have a successful business and are looking to expand, you might want to open additional outlets. Franchising your business can be a very effective way of doing this. Instead of financing and managing the new outlets yourself, you work with independent franchisees.
Business format franchising
With business format franchising, you put together a complete business package. You then licence this format to franchisees. They run their own businesses, but use your brand and proven business model:
- you provide an operations manual, detailing how to set up and manage a new outlet - see develop your franchise format
- you agree a contract with your franchisee setting out what rights and obligations you each have through the franchise agreement - see the franchise agreement for a franchisor
- the franchisee pays you franchise fees and royalties for the right to use your business concept
- you train and 91香蕉黄色视频 the franchisee through their start-up period - 91香蕉黄色视频 could include ongoing marketing, business growth help, regular regional meetings or how to negotiate purchasing contracts
Other franchising arrangements
This guide focuses specifically on business format franchising. However there are other business arrangements which are sometimes also referred to as franchising, including:
- selling a licence allowing someone else to manufacture and sell your product, but without telling them how to run their business
- using an agent, who sells your product on your behalf
- setting up a distribution agreement, whereby you sell your products to another business that then sells them to their own customers
For more information on using agents and distributors, see sales channels to reach your customers.
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Advantages and disadvantages of franchising your business
The benefits and potential drawbacks of using franchising to grow your business.
Franchising is an excellent way of expanding a business that is already successful. However, you should be aware that franchising is not suitable for every business.
Understanding the advantages and disadvantages of franchising will enable you to decide if franchising is a suitable option for your business expansion.
Advantages of franchising your business
Grow your business
Franchising your business can be a cost-effective way to grow your business. You will not have to cover the cost of investing in new premises or staff. Additional sales lead to additional profit and if you retain this in the business, in the long-term, you should have a saleable asset for your future.
Costs
Each franchisee finances their own franchise outlet. While the franchisee meets all the costs and collects the income, you receive franchise fees and royalties or a mark-up on products sold by the franchisee.
Easier management
he franchisees also run their businesses therefore reducing the management demands placed on you. The best franchisees will be highly motivated and have local expertise, making your life much easier.
Develop your brand
The more franchisees you have the better known your brand becomes. Your brand benefits from the capital investment of the franchisee.
Motivated franchisees
Franchisees are likely to be more motivated than a manager as they have a vested interest in the success of their business and therefore the success of your brand.
Purchasing power
A larger business is more secure and additional turnover and profit can provide access to better deals for office equipment, vehicles and other business purchases.
Ideas for future success
Franchisees can contribute fresh ideas for the future success of the brand maybe outlining opportunities that you might not have identified otherwise.
Support from others
Being a business owner can be isolating so having a franchise network can offer 91香蕉黄色视频 and advice.
Disadvantages of franchising your business
Not a fix for a failing business
Franchising is not a solution to provide injections of capital from other people when a business is in difficulty. You should only go down the franchise route if you already have a successful business up and running.
Costs
Franchising your business will involve significant financial investment at the outset to get a successful franchise model in place for future growth of the business including investment in preparing legal documents, operations manuals, marketing materials and recruitment.
Time
Franchising will take a lot of time investment especially when initially setting up the franchise model. You will also have to take the time to ensure you attract the right franchisees and control what they do.
Training and 91香蕉黄色视频
You will have to develop and deliver a suite of training and 91香蕉黄色视频 for your franchisees to successfully sell your brand. Businesses need to have systems and procedures in place that can be copied by most people to run a successful business.
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Is franchising right for your business?
Offering franchisees a successful business model, and having the right resources and skills.
Many businesses have used franchising successfully, including well-known names like McDonalds, Clarks Shoes, Domino's Pizza, Reeds Rains estate agencies, Thorntons, Subway, Toni & Guy, Costa coffee and the Zip Yard. However, franchising doesn't suit every business.
Successful business
To start with, your business needs to be successful. Nobody will want to buy the right to franchise a business that doesn't make money. A franchised business needs to be profitable enough to make money for both the franchisee and you.
Replicated in different locations
Your business needs to be one that can be replicated in different locations by your franchisees. Businesses that need high skills levels or professional qualifications can be more difficult to franchise but a number of major optician chains have succeeded in doing so.
An attractive franchise
At the same time, you need to offer your franchisees something that makes it worth their while paying you, instead of simply setting up their business independently. For example, you might have a recognised brand name, provide equipment or supplies they need, or help with training and marketing 91香蕉黄色视频.
Having a well-organised and well-run franchise helps you recruit franchisees and is a strong incentive for franchisees to remain part of the franchise at the end of the initial franchise period.
It's worthwhile gaining an understanding of what franchisees look for when assessing opportunities to buy a franchise.
Your resources
You also need to think about the demands franchising places on you. You need to invest in developing and marketing the format. If you have limited financial resources, or are already working flat out running your business, you may not be able to do this.
Skills and motivation
Finally, you need to have the right skills and attitude to make franchising a success. You need to be able to sell your concept to potential franchisees, and to work with and control them. Rather than dealing directly with customers yourself, you profit by helping your franchisees to be successful.
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Develop your franchise format
The franchise operations manual, and protecting your brand.
To franchise your business, you need to convince potential franchisees that they will make money. Franchisees will want to see evidence that the business model is sound, that you deliver what you have committed to in the franchise agreement and that they can make a good living running a franchise. You do this by having a successful business, and an operations manual that shows how franchisees can replicate it.
Demonstrate demand for your product or service
Market testing is an important part of this. If you cannot prove that there is a demand for the product or service your franchisees will be offering, they will be doomed to failure.
If you can demonstrate a clear demand for your product and service, you then need to prove that the franchise model works through the establishment of a pilot franchise operation. The pilot franchise operation will establish that all the back-up systems including training, operating manuals, financial 91香蕉黄色视频 and marketing campaigns are effective. It will also give franchisees an indication of likely set-up costs, break-even points and how long it will take to become profitable.
Franchise operations manual
The franchise operations or operating manual gives detailed information on how to set up and manage a new outlet. It highlights key information such as:
- company information, key personnel and history
- identifying the franchisee's responsibilities
- how a franchisee sets up a franchise including staff recruitment and office equipment
- main operating requirements
- main management requirements
- how franchisees ensure quality and consistency within their franchise
- customer service standards
- performance reporting and benchmarks
- training and 91香蕉黄色视频
- pricing, sales and marketing
The work involved in writing your is quite extensive. Read British Franchise Association .
Protecting your brand
Your brand is likely to be an important part of what you offer franchisees. Even if they know how to run a successful outlet, they stay with you because your brand helps them attract customers. Protecting your brand is essential. Read more on branding for your business.
It is important that you put in place relevant protections to prevent your intellectual property (IP) being infringed (for example by registering your trade marks and company name or obtaining patents for your products). Once you have adequate protections in place you can then benefit from licensing your intellectual property. It is also easier to protect your IP if it is registered and you can prove ownership.
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The franchise agreement for a franchisor
A clear contract sets out what rights and obligations you and the franchisee have.
When you franchise your business, you - the franchisor - enter into a legal agreement with the franchisee. A clear, written contract known as the franchise agreement is essential.
The sets out what rights and obligations you each have. Key issues include:
- what geographical location the franchisee can operate in and whether they have exclusive rights in that location
- what rights the franchisee has to use your intellectual property - eg your trade marks
- what restrictions there are on what the franchisee can do
- what fees the franchisee will pay
- how you will 91香蕉黄色视频 and train the franchisee initially
- what continuing 91香蕉黄色视频 you will provide - eg national marketing campaigns or administrative 91香蕉黄色视频
- how long the franchise lasts and what happens at the end of the term
- what happens if either of you wants to end the agreement to an end or if you wnat to sell your business
Agreements tend to be in favour of the franchisor. However, if the agreement is too one-sided in the franchisor's favour, it will be difficult to attract potential franchisees.
Seek legal advice
Franchise agreements involve complex legal issues. You should take advice from a solicitor with franchising expertise. . You can also .
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Franchise fees and royalties
Initial franchise fees help recover development and marketing costs while continuing royalties or mark-ups provide your profit.
When you franchise your business, you make money from fees the franchisee pays you.
Initial franchise fees
You charge an initial fee for the purchase of the franchise. This fee contributes towards the costs you have in developing and marketing the franchise concept.
Most companies charge an initial fee, which can vary in cost. The fee is based on the cost of setting the franchisee up in business. This initial fee enables the franchisee to invest a larger percentage of their capital in setting up and developing the business.
Continuing franchise fees
Your profits come from the continuing fees that franchisees pay you. Typically, they pay a management service fee based on turnover. If you are supplying them with products or other supplies, you can also profit from the mark-up on the prices at which you sell to them. Both these methods give you a common interest: the more the franchisee sells, the more profits you both make.
Setting the right level of continuing fees requires careful judgement. If the fees are too high, the franchise will not be attractive to new franchisees and existing franchisees might struggle to keep going. Fees should be based on the services provided by the franchisor and the costs incurred in providing them.
You need to work out:
- How much is the loyalty fee?
- How often is it to be paid?
- Is it a percentage or fixed amount?
- If it is a percentage, what is this based on?
- How does it compare to other franchise systems?
Advertising and marketing fees
Advertising and marketing fees are also usually charged as a fixed percentage of the sales achieved by franchisees. These can range from 1 per cent to as much as 5 per cent of gross sales. These fees are used to fund the regional and national marketing, advertising and brand awareness initiatives that you carry out on behalf of your franchisees.
Your bank may have specialist franchising advisers who can work with you on your franchising business plan and the fees you plan to charge. You may also want to take from your accountant or a specialist consultant. See choose an accountant for your business.
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Marketing your franchise opportunity
Deciding who you want to franchise with and how to advertise and promote your business to attract potential franchisees.
You need to be realistic about how quickly you can grow your franchise. Although new franchisees usually provide the capital for their operations, you will be involved helping them set up. For example, you will have to run initial training, or provide hands-on 91香蕉黄色视频 when they first start trading.
This means that you may only be able to cope with one or two new franchisees at a time. You may also prefer new franchisees to be relatively nearby, making it easier to visit them. Many new franchising companies aim for a gradual roll out across the country in this way.
What to include in your franchise offering
Once you have decided what to offer franchises, you need to prepare a franchise prospectus or brochure and update your website. This tells potential franchisees what you are offering and what they can expect. It should include:
-
an explanation of your product or service
-
what franchise territories you are offering
-
what the franchise fees are
-
what financial returns the franchisee might expect
-
information about your experience, franchise package, training, timescales, next steps and application form
Bear in mind that you are generally competing with other businesses to attract potential franchisees. At the same time, think carefully about what kinds of people you want to apply. They should have the finances needed to invest in the business, and the right management skills and attitude.
How to advertise and promote your franchise
To attract franchisees, you may want to:
- advertise in the business opportunities section of a newspaper or on a franchise website such as
- utilise social media channels to highlight your offering and engage with potential franchisees - read more on social media best practice for business
- become a member of the
- recruit potential franchisees at
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-
Managing your franchisees
Supporting and motivating your franchisees to grow sales and increase franchising fees.
Franchising your business isn't about selling franchises and then forgetting about them. You have a continuing relationship with your franchisees.
Providing 91香蕉黄色视频 to your franchisees
You must provide the 91香蕉黄色视频 detailed in the franchise agreement. This can include:
- helping them with initial set up of their franchise
- providing training in how to run the business
- running national promotional campaigns to increase sales
- helping them manage their business effectively
- innovating to keep your product or service ahead of the competition
- monitoring their performance and processes against the standards contained in the operations manual
Doing all this isn't just a matter of fulfilling your contractual obligations. By 91香蕉黄色视频ing franchisees, especially ensuring they have a solid foundation of 91香蕉黄色视频 and training to prepare them for running the franchise, you help them succeed - and increase the fees you receive.
Motivating franchisees
Although it isn't included in the agreement, you also have a role to play in motivating franchisees. New franchisees can find the early months difficult and may become discouraged. Successful franchisees may reach their own comfort level and stop trying so hard to increase sales. Again, by motivating them you help yourself.
Encourage consistency from your franchisees
At the same time, you need to ensure that they are running their businesses the way they should. One of the keys to building a successful brand is consistency. If different franchisees run their businesses differently, your brand can suffer. Your operations manual should give clear information on the correct procedures.
Last but not least, you need efficient administration to ensure that you collect the right franchise fees.
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Turn your business into a franchise - eight top tips
Our top tips outline how you can successfully franchise your business.
Franchising can be a very effective way of growing your business.
Our top tips outline how you can successfully franchise your business:
1. Explore the options
There are a number of franchising options. The most popular route is business format franchising. This is when you put together a complete business package for a franchisee. Read more about franchising options.
2. Consider the advantages and disadvantages
Gain an understanding of the advantages and disadvantages of franchising. This will help you to decide if franchising is a suitable option to help you expand your business - see advantages and disadvantages of franchising your business.
3. Market test your franchise format
To franchise your business, you need to convince potential franchisees that they will make money. A good way of proving that your franchise business model is sound is by market testing to show demand for your product or service. It is also advisable to test a pilot franchise operation to find out if your franchise model works. This will also give a franchisees a good indication of likely set-up costs, break-even points and how long it will take to become profitable.
4. Develop a franchise operations manual
A franchise operations manual should give detailed information on how to set up and manage a new outlet. It will highlight key information to help the franchisee establish their franchise outlet. The manual will help to ensure that quality and consistency is maintained. See develop your franchise format.
5. Produce a franchise agreement
A formal legal contract is one of the most important aspects when franchising your business. It will clearly set out the rights and obligations for both the franchisor and the franchisee. You should seek legal advice when drawing up your franchise agreement. See the franchise agreement for a franchisor.
6. Set your fees
When you franchise your business you will make money from the fees the franchisee pays you. You will normally charge an initial fee for the purchase of the franchise and then charge continuing fees. It is important that you set the right level of continuing fees. If the fees are too high the franchise will not be attractive to new franchisees and existing franchisees might struggle to keep operating. Find out about franchise fees and royalties.
7. Market your franchise
You should prepare a franchise prospectus or brochure to inform potential franchisees what you are offering and what they can expect. You should include details of your products or services, franchise territories, fees and financial returns. Read more on marketing your franchise opportunity.
8. Manage your franchisees
Franchising your business isn't about selling franchises and then forgetting about them. You must maintain a continuing relationship with your franchisees. You should provide ongoing 91香蕉黄色视频 to your franchisees and help motivate them to sell your products and services. See managing your franchisees.
For further information see our guidance on franchise your business and our video case study turning my business into a franchise - the Zip Yard (video).
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Franchise your business
Turning my business into a franchise - the Zip Yard (video)
Brian Kielt, director and co-founder of the Zip Yard, explains in this video how he turned his business into a franchise.
Brian Kielt, director and co-founder of the Zip Yard, explains how he turned his business into a franchise.
The Zip Yard is a clothing alterations franchise. The first shop opened in Belfast in 2005, and the first franchise store opened the following year. Zip Yard stores can now be found throughout the UK and Republic of Ireland. The Zip Yard franchise has plans to enter new markets including Europe, the United States and Australia.
Here Brian explains how he started the Zip Yard, and the 91香蕉黄色视频 offered to new franchisees. He shares his experience of running a franchise - including the importance of offering training, signing a franchise agreement and having a strong business brand.
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Difficulties paying HMRC
In this guide:
- Selling or closing a business
- Up-to-date paperwork when selling a business
- Stopping self-employment
- Stopping trading under the Construction Industry Scheme
- Selling or closing a limited company
- Informing Companies House when selling or closing a business
- Employers' responsibilities when selling a business
- Employers' responsibilities when closing down a business
- VAT when selling or closing a business
- Preparing a plan to close down your business
- Difficulties paying HMRC
Up-to-date paperwork when selling a business
The different paperwork you need to do if you intend to sell your limited company or LLP.
It is important that your tax and any official records concerning your business are up-to-date when you sell your business.
Business records when selling your business
One of the major reasons for this is that the buyer's solicitors and accountants will have to carry out due diligence checks. This involves gathering information about all aspects of your business so that the buyer can make an informed decision and modify the terms of the sale if necessary. Among other things, they will want to see:
- profit-and-loss statements
- tax returns
- any relevant leases and details of any outstanding loans, with repayment schedules
Customers and suppliers
You should also inform all your customers and suppliers so that:
- they have the chance to raise any outstanding payments, credits and liabilities
- you can account for any outstanding payments, credits and liabilities when you finalise your accounts and tax affairs
ActionsAlso on this siteContent category
Source URL
/content/date-paperwork-when-selling-business
Links
Stopping self-employment
What you need to do and who to contact at HM Revenue & Customs when you stop being self-employed.
There are a number of steps to take and points to consider if you want to stop being self-employed.
Notifying HM Revenue & Customs (HMRC)
You must tell HMRC if you've stopped trading as a sole trader or you're ending or leaving a business partnership. Tell HMRC you're . HMRC will then cancel your Class 2 National Insurance contributions.
Finalising your Income Tax
You'll still need to before the deadline for the tax year in which your self-employment ended.
.
See HMRC's video on how to .
Capital Gains Tax if you sell or dispose of assets
If you sell or dispose of business assets - for example buildings, equipment, fixtures and fittings, or even the business' reputation ('goodwill') - you may also need to pay Capital Gains Tax on the 'profit' (or gain) that you make.
You may be able to claim reliefs - particularly - that may reduce or postpone any gains. If you sell your own assets, you may have Capital Gains Tax to pay too.
There are other to reduce the amount of Capital Gains Tax that you may be able to claim.
Offsetting costs against your tax bill
There will be costs involved in the process of closing down your business including:
- the cost of administration, postage and telephone charges to notify the relevant authorities - eg HMRC, institutions, suppliers and customers
- the cost of professional services from solicitors, accountants, estate agents, etc
Many of these costs may be allowable expenses, which can be offset against your tax bill. See .
Offsetting losses against your tax bill
If you were self-employed and you've made a loss, you may be able to offset this loss against your tax bill for the previous three years.
Read more on .
Also on this siteContent category
Source URL
/content/stopping-self-employment
Links
Stopping trading under the Construction Industry Scheme
How to tell HM Revenue & Customs you have stopped trading under CIS.
You must call the as soon as possible if you're registered and stop trading as a contractor or subcontractor.
Also on this siteContent category
Source URL
/content/stopping-trading-under-construction-industry-scheme
Links
Selling or closing a limited company
What you need to do when selling or closing a limited company.
If you are selling or closing a limited company there are a number of things you need to consider.
Corporation Tax
If the company or organisation is liable for Corporation Tax, it will still have to file Company Tax Returns and pay Corporation Tax during the closing or winding-up process when the company stops trading.
See .
Closing a limited company
If you are you usually need to have the agreement of your company's directors and shareholders. The way you close the company depends on whether it can pay its bill - known as solvent- or can't pay its bills - known as insolvent.
Also on this siteContent category
Source URL
/content/selling-or-closing-limited-company
Links
Informing Companies House when selling or closing a business
Informing Companies House when selling a company or LLP with changes to the secretary, directors or members.
If you are selling a limited company you should appoint new directors before you resign as a director yourself. You will need to inform Companies House about these changes using .
If you are closing a limited company the way you inform Companies House may be different. See closing a company or partnership.
ActionsContent category
Source URL
/content/informing-companies-house-when-selling-or-closing-business
Links
Employers' responsibilities when selling a business
Information about your legal duties to inform and consult employees when transferring a business.
If you are selling your business, any employees will transfer to the new employer. Therefore, you have a legal duty to inform and consult your employees under the business transfer legislation. Understand your responsibilities to employees transferred out of your business.
Informing and consulting with employees
If you already have an information and consultation (I&C) agreement with your employees, you might choose to use this forum for informing and consulting employees about business transfers.
ActionsContent category
Source URL
/content/employers-responsibilities-when-selling-business
Links
Employers' responsibilities when closing down a business
Who to inform, which final payments to calculate and how to 91香蕉黄色视频 employees when you close a business.
If you have employees, you'll have certain legal responsibilities to meet when closing your business.
How to handle reduncancies
If you close your business, you will have to make your employees redundant.
Depending on how many employees you have and how long you have employed them for, you will have to:
- make statutory redundancy payments
- inform employees individually - and, if relevant, speak to their representatives
- follow a fair redundancy procedure
Payroll issues when closing a business
You need to tell HM Revenue & Customs (HMRC) as soon as possible if your business stops employing people you have stopped trading.
Find out how to .
Changes to pension schemes when closing a business
You must inform and consult employees about significant changes to their pension arrangements if you:
- employ 50 or more staff
- offer an occupational pension scheme or contribute to employees' personal pension schemes
Such changes include terminating the occupational scheme or ending your contributions to personal schemes - either of which could happen if you are closing your business.
See know your legal obligations on pensions.
Employee rights when closing down a business
If you close your business, you are required to treat your employees fairly and follow the correct process.
.
Also on this siteContent category
Source URL
/content/employers-responsibilities-when-closing-down-business
Links
VAT when selling or closing a business
What you need to do if your business is VAT registered and you are closing or selling your business.
If you are VAT-registered and you are closing your business, you will need to inform HM Revenue & Customs (HMRC) that you want to .
Once HMRC are satisfied that your registration should be cancelled, they will confirm the date of de-registration which is usually the date you stopped trading.
You will have to submit a final VAT return for the period up to and including the de-registration date. You must account for VAT on stock and certain assets you have at the close of business on the day your registration is cancelled.
See submitting VAT returns, paying and repayments.
VAT when selling your business
If you are selling your VAT-registered business, you normally have to cancel your VAT registration.
However, in some situations, the new owner of your business can apply to keep your VAT registration number through a .
Also on this siteContent category
Source URL
/content/vat-when-selling-or-closing-business
Links
Preparing a plan to close down your business
What you should put in your written plan to help you close your business properly.
Whatever the reasons for closing your business, to make the process as easy as possible, you should put together a formal written plan.
To do this, it may be useful to refer back to your original business plan to help make sure you cover necessary areas. You may even have specified procedures in your formation documents to follow when winding up the business. See write a business plan: step-by-step.
Closing a business plan - what to include
Your plan should ideally list everything you need to do under headings, such as:
- tax requirements
- rentals and leases
- closing accounts with suppliers and customers.
Set a specific date or timescale for each task.
Seek professional advice
If your business is small, you will almost certainly need to call on outside specialist professional advisers such as your solicitor, accountant, and financial adviser. If there are assets to dispose of, you may need to use an estate agent, valuer, surveyor or auctioneer.
See choose a solicitor for your business and how to choose an accountant for your business.
Pay the right amount of tax
To make sure you pay the right amount of tax, you will need to collect any money you are owed, and pay all your outstanding bills. This includes your regular operating costs up until the point your business closes, including utility and telephone bills and any payroll obligations.
If you find that disputes arise with creditors or debtors, outside parties can bring an objective viewpoint and help you to reach an amicable settlement. Read how to ensure customers pay you on time.
Content category
Source URL
/content/preparing-plan-close-down-your-business
Links
Difficulties paying HMRC
What you need to do if you have problems paying what you owe to HMRC when selling or closing a business.
HM Revenue & Customs (HMRC) expects all customers to make payments when they are due. However they understand that as a result of circumstances outside your control, this isn't always possible. Let HMRC know about tax payment problems.
Letting HMRC know that you have stopped trading or are selling your business will help avoid them issuing unnecessary payment demands to you. .
Also on this siteContent category
Source URL
/content/difficulties-paying-hmrc
Links
VAT when selling or closing a business
In this guide:
- Selling or closing a business
- Up-to-date paperwork when selling a business
- Stopping self-employment
- Stopping trading under the Construction Industry Scheme
- Selling or closing a limited company
- Informing Companies House when selling or closing a business
- Employers' responsibilities when selling a business
- Employers' responsibilities when closing down a business
- VAT when selling or closing a business
- Preparing a plan to close down your business
- Difficulties paying HMRC
Up-to-date paperwork when selling a business
The different paperwork you need to do if you intend to sell your limited company or LLP.
It is important that your tax and any official records concerning your business are up-to-date when you sell your business.
Business records when selling your business
One of the major reasons for this is that the buyer's solicitors and accountants will have to carry out due diligence checks. This involves gathering information about all aspects of your business so that the buyer can make an informed decision and modify the terms of the sale if necessary. Among other things, they will want to see:
- profit-and-loss statements
- tax returns
- any relevant leases and details of any outstanding loans, with repayment schedules
Customers and suppliers
You should also inform all your customers and suppliers so that:
- they have the chance to raise any outstanding payments, credits and liabilities
- you can account for any outstanding payments, credits and liabilities when you finalise your accounts and tax affairs
ActionsAlso on this siteContent category
Source URL
/content/date-paperwork-when-selling-business
Links
Stopping self-employment
What you need to do and who to contact at HM Revenue & Customs when you stop being self-employed.
There are a number of steps to take and points to consider if you want to stop being self-employed.
Notifying HM Revenue & Customs (HMRC)
You must tell HMRC if you've stopped trading as a sole trader or you're ending or leaving a business partnership. Tell HMRC you're . HMRC will then cancel your Class 2 National Insurance contributions.
Finalising your Income Tax
You'll still need to before the deadline for the tax year in which your self-employment ended.
.
See HMRC's video on how to .
Capital Gains Tax if you sell or dispose of assets
If you sell or dispose of business assets - for example buildings, equipment, fixtures and fittings, or even the business' reputation ('goodwill') - you may also need to pay Capital Gains Tax on the 'profit' (or gain) that you make.
You may be able to claim reliefs - particularly - that may reduce or postpone any gains. If you sell your own assets, you may have Capital Gains Tax to pay too.
There are other to reduce the amount of Capital Gains Tax that you may be able to claim.
Offsetting costs against your tax bill
There will be costs involved in the process of closing down your business including:
- the cost of administration, postage and telephone charges to notify the relevant authorities - eg HMRC, institutions, suppliers and customers
- the cost of professional services from solicitors, accountants, estate agents, etc
Many of these costs may be allowable expenses, which can be offset against your tax bill. See .
Offsetting losses against your tax bill
If you were self-employed and you've made a loss, you may be able to offset this loss against your tax bill for the previous three years.
Read more on .
Also on this siteContent category
Source URL
/content/stopping-self-employment
Links
Stopping trading under the Construction Industry Scheme
How to tell HM Revenue & Customs you have stopped trading under CIS.
You must call the as soon as possible if you're registered and stop trading as a contractor or subcontractor.
Also on this siteContent category
Source URL
/content/stopping-trading-under-construction-industry-scheme
Links
Selling or closing a limited company
What you need to do when selling or closing a limited company.
If you are selling or closing a limited company there are a number of things you need to consider.
Corporation Tax
If the company or organisation is liable for Corporation Tax, it will still have to file Company Tax Returns and pay Corporation Tax during the closing or winding-up process when the company stops trading.
See .
Closing a limited company
If you are you usually need to have the agreement of your company's directors and shareholders. The way you close the company depends on whether it can pay its bill - known as solvent- or can't pay its bills - known as insolvent.
Also on this siteContent category
Source URL
/content/selling-or-closing-limited-company
Links
Informing Companies House when selling or closing a business
Informing Companies House when selling a company or LLP with changes to the secretary, directors or members.
If you are selling a limited company you should appoint new directors before you resign as a director yourself. You will need to inform Companies House about these changes using .
If you are closing a limited company the way you inform Companies House may be different. See closing a company or partnership.
ActionsContent category
Source URL
/content/informing-companies-house-when-selling-or-closing-business
Links
Employers' responsibilities when selling a business
Information about your legal duties to inform and consult employees when transferring a business.
If you are selling your business, any employees will transfer to the new employer. Therefore, you have a legal duty to inform and consult your employees under the business transfer legislation. Understand your responsibilities to employees transferred out of your business.
Informing and consulting with employees
If you already have an information and consultation (I&C) agreement with your employees, you might choose to use this forum for informing and consulting employees about business transfers.
ActionsContent category
Source URL
/content/employers-responsibilities-when-selling-business
Links
Employers' responsibilities when closing down a business
Who to inform, which final payments to calculate and how to 91香蕉黄色视频 employees when you close a business.
If you have employees, you'll have certain legal responsibilities to meet when closing your business.
How to handle reduncancies
If you close your business, you will have to make your employees redundant.
Depending on how many employees you have and how long you have employed them for, you will have to:
- make statutory redundancy payments
- inform employees individually - and, if relevant, speak to their representatives
- follow a fair redundancy procedure
Payroll issues when closing a business
You need to tell HM Revenue & Customs (HMRC) as soon as possible if your business stops employing people you have stopped trading.
Find out how to .
Changes to pension schemes when closing a business
You must inform and consult employees about significant changes to their pension arrangements if you:
- employ 50 or more staff
- offer an occupational pension scheme or contribute to employees' personal pension schemes
Such changes include terminating the occupational scheme or ending your contributions to personal schemes - either of which could happen if you are closing your business.
See know your legal obligations on pensions.
Employee rights when closing down a business
If you close your business, you are required to treat your employees fairly and follow the correct process.
.
Also on this siteContent category
Source URL
/content/employers-responsibilities-when-closing-down-business
Links
VAT when selling or closing a business
What you need to do if your business is VAT registered and you are closing or selling your business.
If you are VAT-registered and you are closing your business, you will need to inform HM Revenue & Customs (HMRC) that you want to .
Once HMRC are satisfied that your registration should be cancelled, they will confirm the date of de-registration which is usually the date you stopped trading.
You will have to submit a final VAT return for the period up to and including the de-registration date. You must account for VAT on stock and certain assets you have at the close of business on the day your registration is cancelled.
See submitting VAT returns, paying and repayments.
VAT when selling your business
If you are selling your VAT-registered business, you normally have to cancel your VAT registration.
However, in some situations, the new owner of your business can apply to keep your VAT registration number through a .
Also on this siteContent category
Source URL
/content/vat-when-selling-or-closing-business
Links
Preparing a plan to close down your business
What you should put in your written plan to help you close your business properly.
Whatever the reasons for closing your business, to make the process as easy as possible, you should put together a formal written plan.
To do this, it may be useful to refer back to your original business plan to help make sure you cover necessary areas. You may even have specified procedures in your formation documents to follow when winding up the business. See write a business plan: step-by-step.
Closing a business plan - what to include
Your plan should ideally list everything you need to do under headings, such as:
- tax requirements
- rentals and leases
- closing accounts with suppliers and customers.
Set a specific date or timescale for each task.
Seek professional advice
If your business is small, you will almost certainly need to call on outside specialist professional advisers such as your solicitor, accountant, and financial adviser. If there are assets to dispose of, you may need to use an estate agent, valuer, surveyor or auctioneer.
See choose a solicitor for your business and how to choose an accountant for your business.
Pay the right amount of tax
To make sure you pay the right amount of tax, you will need to collect any money you are owed, and pay all your outstanding bills. This includes your regular operating costs up until the point your business closes, including utility and telephone bills and any payroll obligations.
If you find that disputes arise with creditors or debtors, outside parties can bring an objective viewpoint and help you to reach an amicable settlement. Read how to ensure customers pay you on time.
Content category
Source URL
/content/preparing-plan-close-down-your-business
Links
Difficulties paying HMRC
What you need to do if you have problems paying what you owe to HMRC when selling or closing a business.
HM Revenue & Customs (HMRC) expects all customers to make payments when they are due. However they understand that as a result of circumstances outside your control, this isn't always possible. Let HMRC know about tax payment problems.
Letting HMRC know that you have stopped trading or are selling your business will help avoid them issuing unnecessary payment demands to you. .
Also on this siteContent category
Source URL
/content/difficulties-paying-hmrc
Links
Employers' responsibilities when selling a business
In this guide:
- Selling or closing a business
- Up-to-date paperwork when selling a business
- Stopping self-employment
- Stopping trading under the Construction Industry Scheme
- Selling or closing a limited company
- Informing Companies House when selling or closing a business
- Employers' responsibilities when selling a business
- Employers' responsibilities when closing down a business
- VAT when selling or closing a business
- Preparing a plan to close down your business
- Difficulties paying HMRC
Up-to-date paperwork when selling a business
The different paperwork you need to do if you intend to sell your limited company or LLP.
It is important that your tax and any official records concerning your business are up-to-date when you sell your business.
Business records when selling your business
One of the major reasons for this is that the buyer's solicitors and accountants will have to carry out due diligence checks. This involves gathering information about all aspects of your business so that the buyer can make an informed decision and modify the terms of the sale if necessary. Among other things, they will want to see:
- profit-and-loss statements
- tax returns
- any relevant leases and details of any outstanding loans, with repayment schedules
Customers and suppliers
You should also inform all your customers and suppliers so that:
- they have the chance to raise any outstanding payments, credits and liabilities
- you can account for any outstanding payments, credits and liabilities when you finalise your accounts and tax affairs
ActionsAlso on this siteContent category
Source URL
/content/date-paperwork-when-selling-business
Links
Stopping self-employment
What you need to do and who to contact at HM Revenue & Customs when you stop being self-employed.
There are a number of steps to take and points to consider if you want to stop being self-employed.
Notifying HM Revenue & Customs (HMRC)
You must tell HMRC if you've stopped trading as a sole trader or you're ending or leaving a business partnership. Tell HMRC you're . HMRC will then cancel your Class 2 National Insurance contributions.
Finalising your Income Tax
You'll still need to before the deadline for the tax year in which your self-employment ended.
.
See HMRC's video on how to .
Capital Gains Tax if you sell or dispose of assets
If you sell or dispose of business assets - for example buildings, equipment, fixtures and fittings, or even the business' reputation ('goodwill') - you may also need to pay Capital Gains Tax on the 'profit' (or gain) that you make.
You may be able to claim reliefs - particularly - that may reduce or postpone any gains. If you sell your own assets, you may have Capital Gains Tax to pay too.
There are other to reduce the amount of Capital Gains Tax that you may be able to claim.
Offsetting costs against your tax bill
There will be costs involved in the process of closing down your business including:
- the cost of administration, postage and telephone charges to notify the relevant authorities - eg HMRC, institutions, suppliers and customers
- the cost of professional services from solicitors, accountants, estate agents, etc
Many of these costs may be allowable expenses, which can be offset against your tax bill. See .
Offsetting losses against your tax bill
If you were self-employed and you've made a loss, you may be able to offset this loss against your tax bill for the previous three years.
Read more on .
Also on this siteContent category
Source URL
/content/stopping-self-employment
Links
Stopping trading under the Construction Industry Scheme
How to tell HM Revenue & Customs you have stopped trading under CIS.
You must call the as soon as possible if you're registered and stop trading as a contractor or subcontractor.
Also on this siteContent category
Source URL
/content/stopping-trading-under-construction-industry-scheme
Links
Selling or closing a limited company
What you need to do when selling or closing a limited company.
If you are selling or closing a limited company there are a number of things you need to consider.
Corporation Tax
If the company or organisation is liable for Corporation Tax, it will still have to file Company Tax Returns and pay Corporation Tax during the closing or winding-up process when the company stops trading.
See .
Closing a limited company
If you are you usually need to have the agreement of your company's directors and shareholders. The way you close the company depends on whether it can pay its bill - known as solvent- or can't pay its bills - known as insolvent.
Also on this siteContent category
Source URL
/content/selling-or-closing-limited-company
Links
Informing Companies House when selling or closing a business
Informing Companies House when selling a company or LLP with changes to the secretary, directors or members.
If you are selling a limited company you should appoint new directors before you resign as a director yourself. You will need to inform Companies House about these changes using .
If you are closing a limited company the way you inform Companies House may be different. See closing a company or partnership.
ActionsContent category
Source URL
/content/informing-companies-house-when-selling-or-closing-business
Links
Employers' responsibilities when selling a business
Information about your legal duties to inform and consult employees when transferring a business.
If you are selling your business, any employees will transfer to the new employer. Therefore, you have a legal duty to inform and consult your employees under the business transfer legislation. Understand your responsibilities to employees transferred out of your business.
Informing and consulting with employees
If you already have an information and consultation (I&C) agreement with your employees, you might choose to use this forum for informing and consulting employees about business transfers.
ActionsContent category
Source URL
/content/employers-responsibilities-when-selling-business
Links
Employers' responsibilities when closing down a business
Who to inform, which final payments to calculate and how to 91香蕉黄色视频 employees when you close a business.
If you have employees, you'll have certain legal responsibilities to meet when closing your business.
How to handle reduncancies
If you close your business, you will have to make your employees redundant.
Depending on how many employees you have and how long you have employed them for, you will have to:
- make statutory redundancy payments
- inform employees individually - and, if relevant, speak to their representatives
- follow a fair redundancy procedure
Payroll issues when closing a business
You need to tell HM Revenue & Customs (HMRC) as soon as possible if your business stops employing people you have stopped trading.
Find out how to .
Changes to pension schemes when closing a business
You must inform and consult employees about significant changes to their pension arrangements if you:
- employ 50 or more staff
- offer an occupational pension scheme or contribute to employees' personal pension schemes
Such changes include terminating the occupational scheme or ending your contributions to personal schemes - either of which could happen if you are closing your business.
See know your legal obligations on pensions.
Employee rights when closing down a business
If you close your business, you are required to treat your employees fairly and follow the correct process.
.
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VAT when selling or closing a business
What you need to do if your business is VAT registered and you are closing or selling your business.
If you are VAT-registered and you are closing your business, you will need to inform HM Revenue & Customs (HMRC) that you want to .
Once HMRC are satisfied that your registration should be cancelled, they will confirm the date of de-registration which is usually the date you stopped trading.
You will have to submit a final VAT return for the period up to and including the de-registration date. You must account for VAT on stock and certain assets you have at the close of business on the day your registration is cancelled.
See submitting VAT returns, paying and repayments.
VAT when selling your business
If you are selling your VAT-registered business, you normally have to cancel your VAT registration.
However, in some situations, the new owner of your business can apply to keep your VAT registration number through a .
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Preparing a plan to close down your business
What you should put in your written plan to help you close your business properly.
Whatever the reasons for closing your business, to make the process as easy as possible, you should put together a formal written plan.
To do this, it may be useful to refer back to your original business plan to help make sure you cover necessary areas. You may even have specified procedures in your formation documents to follow when winding up the business. See write a business plan: step-by-step.
Closing a business plan - what to include
Your plan should ideally list everything you need to do under headings, such as:
- tax requirements
- rentals and leases
- closing accounts with suppliers and customers.
Set a specific date or timescale for each task.
Seek professional advice
If your business is small, you will almost certainly need to call on outside specialist professional advisers such as your solicitor, accountant, and financial adviser. If there are assets to dispose of, you may need to use an estate agent, valuer, surveyor or auctioneer.
See choose a solicitor for your business and how to choose an accountant for your business.
Pay the right amount of tax
To make sure you pay the right amount of tax, you will need to collect any money you are owed, and pay all your outstanding bills. This includes your regular operating costs up until the point your business closes, including utility and telephone bills and any payroll obligations.
If you find that disputes arise with creditors or debtors, outside parties can bring an objective viewpoint and help you to reach an amicable settlement. Read how to ensure customers pay you on time.
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Difficulties paying HMRC
What you need to do if you have problems paying what you owe to HMRC when selling or closing a business.
HM Revenue & Customs (HMRC) expects all customers to make payments when they are due. However they understand that as a result of circumstances outside your control, this isn't always possible. Let HMRC know about tax payment problems.
Letting HMRC know that you have stopped trading or are selling your business will help avoid them issuing unnecessary payment demands to you. .
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Stopping trading under the Construction Industry Scheme
In this guide:
- Selling or closing a business
- Up-to-date paperwork when selling a business
- Stopping self-employment
- Stopping trading under the Construction Industry Scheme
- Selling or closing a limited company
- Informing Companies House when selling or closing a business
- Employers' responsibilities when selling a business
- Employers' responsibilities when closing down a business
- VAT when selling or closing a business
- Preparing a plan to close down your business
- Difficulties paying HMRC
Up-to-date paperwork when selling a business
The different paperwork you need to do if you intend to sell your limited company or LLP.
It is important that your tax and any official records concerning your business are up-to-date when you sell your business.
Business records when selling your business
One of the major reasons for this is that the buyer's solicitors and accountants will have to carry out due diligence checks. This involves gathering information about all aspects of your business so that the buyer can make an informed decision and modify the terms of the sale if necessary. Among other things, they will want to see:
- profit-and-loss statements
- tax returns
- any relevant leases and details of any outstanding loans, with repayment schedules
Customers and suppliers
You should also inform all your customers and suppliers so that:
- they have the chance to raise any outstanding payments, credits and liabilities
- you can account for any outstanding payments, credits and liabilities when you finalise your accounts and tax affairs
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Stopping self-employment
What you need to do and who to contact at HM Revenue & Customs when you stop being self-employed.
There are a number of steps to take and points to consider if you want to stop being self-employed.
Notifying HM Revenue & Customs (HMRC)
You must tell HMRC if you've stopped trading as a sole trader or you're ending or leaving a business partnership. Tell HMRC you're . HMRC will then cancel your Class 2 National Insurance contributions.
Finalising your Income Tax
You'll still need to before the deadline for the tax year in which your self-employment ended.
.
See HMRC's video on how to .
Capital Gains Tax if you sell or dispose of assets
If you sell or dispose of business assets - for example buildings, equipment, fixtures and fittings, or even the business' reputation ('goodwill') - you may also need to pay Capital Gains Tax on the 'profit' (or gain) that you make.
You may be able to claim reliefs - particularly - that may reduce or postpone any gains. If you sell your own assets, you may have Capital Gains Tax to pay too.
There are other to reduce the amount of Capital Gains Tax that you may be able to claim.
Offsetting costs against your tax bill
There will be costs involved in the process of closing down your business including:
- the cost of administration, postage and telephone charges to notify the relevant authorities - eg HMRC, institutions, suppliers and customers
- the cost of professional services from solicitors, accountants, estate agents, etc
Many of these costs may be allowable expenses, which can be offset against your tax bill. See .
Offsetting losses against your tax bill
If you were self-employed and you've made a loss, you may be able to offset this loss against your tax bill for the previous three years.
Read more on .
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Stopping trading under the Construction Industry Scheme
How to tell HM Revenue & Customs you have stopped trading under CIS.
You must call the as soon as possible if you're registered and stop trading as a contractor or subcontractor.
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Selling or closing a limited company
What you need to do when selling or closing a limited company.
If you are selling or closing a limited company there are a number of things you need to consider.
Corporation Tax
If the company or organisation is liable for Corporation Tax, it will still have to file Company Tax Returns and pay Corporation Tax during the closing or winding-up process when the company stops trading.
See .
Closing a limited company
If you are you usually need to have the agreement of your company's directors and shareholders. The way you close the company depends on whether it can pay its bill - known as solvent- or can't pay its bills - known as insolvent.
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Informing Companies House when selling or closing a business
Informing Companies House when selling a company or LLP with changes to the secretary, directors or members.
If you are selling a limited company you should appoint new directors before you resign as a director yourself. You will need to inform Companies House about these changes using .
If you are closing a limited company the way you inform Companies House may be different. See closing a company or partnership.
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Employers' responsibilities when selling a business
Information about your legal duties to inform and consult employees when transferring a business.
If you are selling your business, any employees will transfer to the new employer. Therefore, you have a legal duty to inform and consult your employees under the business transfer legislation. Understand your responsibilities to employees transferred out of your business.
Informing and consulting with employees
If you already have an information and consultation (I&C) agreement with your employees, you might choose to use this forum for informing and consulting employees about business transfers.
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Employers' responsibilities when closing down a business
Who to inform, which final payments to calculate and how to 91香蕉黄色视频 employees when you close a business.
If you have employees, you'll have certain legal responsibilities to meet when closing your business.
How to handle reduncancies
If you close your business, you will have to make your employees redundant.
Depending on how many employees you have and how long you have employed them for, you will have to:
- make statutory redundancy payments
- inform employees individually - and, if relevant, speak to their representatives
- follow a fair redundancy procedure
Payroll issues when closing a business
You need to tell HM Revenue & Customs (HMRC) as soon as possible if your business stops employing people you have stopped trading.
Find out how to .
Changes to pension schemes when closing a business
You must inform and consult employees about significant changes to their pension arrangements if you:
- employ 50 or more staff
- offer an occupational pension scheme or contribute to employees' personal pension schemes
Such changes include terminating the occupational scheme or ending your contributions to personal schemes - either of which could happen if you are closing your business.
See know your legal obligations on pensions.
Employee rights when closing down a business
If you close your business, you are required to treat your employees fairly and follow the correct process.
.
Also on this siteContent category
Source URL
/content/employers-responsibilities-when-closing-down-business
Links
VAT when selling or closing a business
What you need to do if your business is VAT registered and you are closing or selling your business.
If you are VAT-registered and you are closing your business, you will need to inform HM Revenue & Customs (HMRC) that you want to .
Once HMRC are satisfied that your registration should be cancelled, they will confirm the date of de-registration which is usually the date you stopped trading.
You will have to submit a final VAT return for the period up to and including the de-registration date. You must account for VAT on stock and certain assets you have at the close of business on the day your registration is cancelled.
See submitting VAT returns, paying and repayments.
VAT when selling your business
If you are selling your VAT-registered business, you normally have to cancel your VAT registration.
However, in some situations, the new owner of your business can apply to keep your VAT registration number through a .
Also on this siteContent category
Source URL
/content/vat-when-selling-or-closing-business
Links
Preparing a plan to close down your business
What you should put in your written plan to help you close your business properly.
Whatever the reasons for closing your business, to make the process as easy as possible, you should put together a formal written plan.
To do this, it may be useful to refer back to your original business plan to help make sure you cover necessary areas. You may even have specified procedures in your formation documents to follow when winding up the business. See write a business plan: step-by-step.
Closing a business plan - what to include
Your plan should ideally list everything you need to do under headings, such as:
- tax requirements
- rentals and leases
- closing accounts with suppliers and customers.
Set a specific date or timescale for each task.
Seek professional advice
If your business is small, you will almost certainly need to call on outside specialist professional advisers such as your solicitor, accountant, and financial adviser. If there are assets to dispose of, you may need to use an estate agent, valuer, surveyor or auctioneer.
See choose a solicitor for your business and how to choose an accountant for your business.
Pay the right amount of tax
To make sure you pay the right amount of tax, you will need to collect any money you are owed, and pay all your outstanding bills. This includes your regular operating costs up until the point your business closes, including utility and telephone bills and any payroll obligations.
If you find that disputes arise with creditors or debtors, outside parties can bring an objective viewpoint and help you to reach an amicable settlement. Read how to ensure customers pay you on time.
Content category
Source URL
/content/preparing-plan-close-down-your-business
Links
Difficulties paying HMRC
What you need to do if you have problems paying what you owe to HMRC when selling or closing a business.
HM Revenue & Customs (HMRC) expects all customers to make payments when they are due. However they understand that as a result of circumstances outside your control, this isn't always possible. Let HMRC know about tax payment problems.
Letting HMRC know that you have stopped trading or are selling your business will help avoid them issuing unnecessary payment demands to you. .
Also on this siteContent category
Source URL
/content/difficulties-paying-hmrc
Links