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E351: 6 Legal Steps You Should Take to Prepare Your Business for Sale

The EcomCrew Ecommerce Podcast · with John Di Giacomo · December 14, 2020 · 45 min

Summary

This episode provides a crucial legal roadmap for ecommerce entrepreneurs looking to sell their business. It breaks down six essential legal steps, offering practical advice on financial hygiene, IP protection, and corporate structuring to maximize value and ensure a smooth transaction. This is a must-listen for anyone contemplating an exit strategy.

Key takeaways

Themes

finance & fundraisingfounder & leadership

Topics covered

preparing business for salee-commerce legal due diligencebusiness valuationfinancial record-keeping for exitintellectual property protectioncap table management

Episode description

We've talked about buying and selling e-commerce businesses before, but in this episode, we are joined by a respected lawyer in the field who will help us understand the technicalities of the legal side of the process. John Di Giacomo is a partner at Revision Legal and is also an adjunct professor of law at Michigan University. He is an expert in intellectual property law, corporate law, internet law, and international law. His expertise and his 11-year experience in e-commerce make John highly sought after by entrepreneurs who are looking to buy or sell their online businesses. In this episode, we delve into the nitty-gritty of the process so you can be guided. Timestamps Introduction to John Di Giacomo - 3:03 Why and when you should prepare your business for sale - 4:40 Cleaning up your financial records - 5:35 The importance of separating different lines of your business - 7:35 The value of a valuation analysis - 9:00 How tax prepping helped me sell ColorIt more smoothly - 14:54 Cleaning up your cap tables - 16:08 Supplier price readjustments during the turnover - 21:44 Taking account of your business' intellectual property rights

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Frequently asked about this episode

What does this episode say about finance & fundraising?
Clean up your financial records thoroughly, ensuring all income and expenses are clearly documented and categorized to present a transparent financial picture to potential buyers.
What does this episode say about founder & leadership?
Separate different lines of your business, or "cleanly segment" them, to allow buyers to easily understand and value specific revenue streams or assets.
What does this episode say about finance & fundraising?
Obtain a professional valuation analysis to understand your business's true market worth and justify your asking price with data.
What does this episode say about finance & fundraising?
Proactively prepare your taxes and organize your cap table to streamline due diligence and avoid last-minute complications that can deter buyers.
What does this episode say about finance & fundraising?
Document and secure all intellectual property rights to demonstrate clear ownership and add significant intangible value to your business.

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