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CONFIDENTIAL SALE OF BUSINESS How to sell a business and keep it secret. Selling a business you’ve created or buying an existing business is a step many people take. No matter if you have built a business from the ground up and wish to sell to a friend, or you are looking to go into business for yourself and you believe buying a business is the way to go, you will need to make sure the transaction goes as smoothly as possible. These sales are sometimes complicated by the fact that one or both parties wishes to keep the terms confidential. Disclosures about terms, prices or other specifics may have to be kept secret in order to complete the transaction. If you find yourself in this postion, you’ll want a Confidential Sale of Business Agreement that will allow the transaction to take place. Here is what you need to know: WHAT IS A CONFIDENTIAL SALE AGREEMENT? Whether you are selling or buying a business, you may want to keep some, or all, of the terms secret. To do this, you will need a Condfidential Sale of Business Agreement. This is a document that will not only include the details of the business and transaction, but also makes provisions for these details to remain confidential between the parties. WHAT DOES A CONFIDENTIAL SALE OF BUSINESS AGREEMENT DO? By including duties of confidentiality in the sale of business agreement, you can buy or sell your business and be sure the party you are dealing with will not reveal confidential information. Sometimes the information you want to keep confidential is of a financial nature, sometimes it is of a proprietary nature, etc. No matter the kind of information and the reasons for it, you can make sure the other party keeps it confidential if you include it in the Confidential Sale of Business Agreement. DOES EVERYTHING HAVE TO REMAIN CONFIDENTIAL? No. What you do or do not make confidential is up to the parties to decide. If you are a buyer and you want to make sure no one else knows how much you paid for the business, you can include this. If you are the seller and you want to make all the details of the agreement confidential, you can do this as well. The key point is that both parties must understand and agree to the terms of what can and cannot be disclosed. WHAT DO I NEED TO INCLUDE IN THE CONFIDENTIAL SALE OF BUSINESS AGREEMENT? Along with all the other information normally required with the sale of a business, if you want the sale—or parts of it—to remain confidential, you’ll have to ensure you spell out the terms. A Confidential Sale of Business Agreement is essentially a non-disclosure agreement combined with a sale of business agreement. All the terms and conditions that must be in both these documents need to be included in the Confidential Sale of Business Agreement, and everything has to be clear and precise. Selling a business is a big step. If you want to keep parts of the sale confidential, you will have to make sure to draft the appropriate documents. Making sure your Confiential Sale of Business Agreement is complete will save you a lot of headaches further down the road. |


