This paper addresses private company sales from the seller’s perspective. Unlike public company sales governed by securities legislation, private company sales occur by contract. Nonetheless, many processes and strategies developed in a public company context have been adapted to private company sales. Unique concerns and structuring opportunities also exist when selling private companies. Each company and transaction is different and the areas addressed by this paper identify issues and should not replace informed professional advice. Hopefully it provides a basic framework of the sale process and of the basic legal issues that arise.

This paper was presented to the BDC Venture Capital IT Group.

type Private Company Sales