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What Steps Do I Take When Closing A Business That Doesn't Sell?

Comments & Replies: 2     Views: 6834     Posted By: Joe Ranieri  Joe Ranieri, Business Broker: LA, Orange County Areas

Every business broker knows that a listing taken is not a listing sold, in fact the ratio of listed vs. sold could be discouraging if you really thought about it. Joe Ranieri (Orange County Business Broker) discusses what you should do if you finally have to close the doors and call it quits.

Topics: Selling A Business     Tags: selling a business



Every business broker knows that a listing taken is not a listing sold, in fact the ratio of listed vs. sold could be discouraging if you really thought about it. Early in my career I would try to guess which of my listings would sell and which ones wouldn't, but after years of doing this, I've given up on that line of thinking. I've worked with many sellers who have had to abandon a sinking ship, some have been successful, while others have not, and so this is my advice to the ones who have not...

1. Collect all outstanding debts or accounts receivable, before they know you are going under.

2. Unload the remaining inventory you have, possibly by marking it down significantly.

3. Notify creditors and lenders that you are closing, so they have appropriate time to ask for payment.

4. Cancel any service contracts you may have.

5. Tell your landlord, but be prepared that he may and probably will sue for time remaining on the lease, because, hey they re landlords after all.

6. Important: Notify and pay your employees. Be honest with your employees, but don t be surprised when they start looking for other jobs, but make sure everyone is squared away financially.

7. Liquidate your assets, consider approaching competitors to see if they are interested in purchasing your fixtures, furniture, and equipment.

8. Make your final federal and state fillings (payroll, sales tax, etc.)

9. Cancel all state and city licenses and permits.

10. Notify utility, credit card, and any other service providers.

11. Close your business bank account.

I would be interested in what other advice those on this Discussion have.

Replies To This Comment
 
Contributor: Transactional Attorney  Post ID: 1354
To add to Joe's helpful response, I'd add that if you can forward your mail and phone calls it will help you ensure that you're not missing any liabilities that may pop up after you close that you wouldn't otherwise be aware of. It's much better to get a phone call or letter regarding money owed or a potential claim than to face a lawsuit down the line because a party couldn't reach you at the business location.

It's also important to file a dissolution with the state if you are a corporation or LLC.



Joe provides excellent advice. I would add the following: Don't assume you know what you don't know. Consult with your attorney, your CPA, your insurance broker, and your banker. Their advice is invaluable and essential to avoiding civil (and even criminal) liabilities.


  Helpful Resources To Assist In Selling And Buying California Businesses
William F. Ziprick, Attorney: Legal Services For Buyers And Sellers

Through creative problem solving, attention to detail, accessibility, & understanding that unnecessary delay is often a deal killer, I work closely with my clients and other professionals to consistently achieve a high rate of successful closings. Office: 909-255-8353, Cell: 509-951-7230.

Shalonda Chappel: Escrow & Bulk Sale Services - Southern California

Escrow services to brokers/agents, sellers, & buyers. Established 43 years. Extraordinary service. Experienced with handling difficult transactions. One stop for all your escrow needs: Bulk sales, lien searches, UCC searches, liquor license transfers, publishing & recording services. 951-808-3972.

Willard Michlin, CPA, Certified Fraud Examiner, Due Diligence

Willard Michlin, CPA #106752, offers buyers step by step training & assistance in doing Due Diligence Services when they are thinking of making an offer, or are in process of investigating a business purchase. He helps to determine the actual net profit even when there is cash. Call 805-428-2063.

Helen Yoo, New Century Escrow - Escrow Services In Southern California

New Century Escrow, Inc. is a fully licensed & bonded independent escrow company. Over 20 years combined experience in handling bulk escrow transactions. Multi-lingual staff that speaks your language, including Korean, Chinese, Vietnamese. Call Helen Yoo direct at 626-890-1151.

Diane Boudreau-Tschetter: Escrow & Bulk Sale Services - CA

California Business Escrow, Inc. is a full service independent escrow company serving all of California and has expertise in a wide range of escrows. Our team prides itself on providing an exceptional escrow experience. For more info phone Diane Boudreau-Tschetter at 888-383-3331 or 209-838-1100.

Christina Lazuric CBI CBB, Business Broker: Orange County

Premier Brokerage for selling Orange County Service based businesses since 2005! CBB provides a step by step approach to Business Brokerage, M&A Services, Business Consulting & Valuations. Contact me about selling or buying service based businesses: 949-257-7823 Cell.

Mike Brewer: Liquor License Broker, ABC Consulting Service

Liquor license brokerage and consulting services. We provide: Alcohol License Transfers Application Consulting & Processing, Liquor License Purchases & Sales, City Zoning Permits & Land Use Entitlements, Public Convenience or Necessity Findings and Letters. Phone Mike Brewer direct at 800-437-1100.

Ryan Clark, Business Broker: Southern California

The Veld Group provides a refreshing approach to Business Brokerage, Mergers & Acquisitions and Business Consulting and Valuations. From Your Street to Wall Street, we cater to Main Street Businesses as well as more complex Strategic Firms and Start-Ups. Phone Ryan, Business Broker at 310-652-8353.


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