Check existing liabilities before buying a company

Buying an operating company is not inherently prohibited or unsuitable, but its age and bank account do not establish financial health. Legal form, acquisition structure, personal guarantees and existing commitments determine your exposure.

BusinessUnited Arab EmiratesSources checked:
  1. A share purchase generally does not erase the company's debts, but every buyer does not automatically become personally liable for them all. Limited liability shareholders, general partners and managers responsible for wrongdoing have different positions.

  2. Review financial statements, bank borrowing, issued cheques, employment commitments, leases, taxes and disclosed litigation. Reconcile the seller's account with records and confirmations obtainable from the relevant authorities and counterparties.

  3. Specify the shares or assets being transferred and protections concerning earlier liabilities in the acquisition agreement. Complete transfer and management registrations; an agreement between buyer and seller does not necessarily extinguish creditors' rights.

A practical next step

Before paying, obtain the liability schedule, financial records and transfer agreement, and assess each personal guarantee as a separate commitment.

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