Legal Q&A
Q
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I intend to wind down the company I am currently operating. I am considering a sale of the company in the direction of transferring it to an outside investor or another company. I am curious about how a sale of a company actually begins, as well as the legal procedures and points to note. I would be grateful for a prompt reply.
Sale of a company
Answer
Published:
Author : Kuk Il KIM
A sale of a company is more than a simple act of 'selling'; it is a procedure that entails complex phenomena based on financial and legal review.
To begin a sale, it is important first to lay the groundwork through internal reorganization of the company and consultation with experts.
First, you must organize the company's financial condition, equity structure, whether there are any legal disputes, and the status of intellectual property rights held.
Identifying and organizing internal risks in advance during this process becomes an important foundation for future negotiations.
In addition, it is very important to select experts, such as an attorney, an accounting firm, or a law firm, who can find a buyer and assist with the negotiation and practical work.
If you prepare the sale-of-company stages with them, you will be able to proceed with the procedure more smoothly.
After that, the buyer will thoroughly review the company.
Comprehensive due diligence covering finance, legal affairs, tax, and human resources will be conducted, and the final acquisition terms will be finalized and a contract concluded.
At this point, the methods of selling a company include a sale of equity, a sale of assets, and a sale of management control rights.
In order to choose a sale method suited to your and your company's situation, it is very important to proceed with the sale with the assistance of an expert with abundant M&A experience.
If you are preparing for a sale of your company, we recommend that you promptly carry out strategy development and legal review in parallel.
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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

YoungKon CHO
T. 070-7510-2014
Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs

KeJun SON
T. 070-5117-3709
Career as Fair Trade Commission Official / Partner Attorney at Lee & Ko · Attorney Specializing in Fair Trade/M&A/Corporate Legal Affairs/Finance
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