Business Education

A Competitor Wants to Buy Your Small Business: Now What?

When a competitor comes knocking with an offer to buy your small business, it’s a moment that can spark excitement, anxiety, and a flood of questions. Is this a golden opportunity to cash out, or a risky move that could undervalue your hard work?

Navigating this high-stakes decision requires careful strategy and clear thinking. So, we’ll break down the essential steps to evaluate the offer, protect your interests, and decide whether selling to a rival is right for you.

10 Steps to Take When a Competitor Seeks to Acquire Your Company

When a local competitor expresses interest in buying your small business, it’s both a compliment to your success and a complex decision that requires careful consideration. Here’s a step-by-step guide on what you should do to protect your interests, maximize value, and ensure a smooth transition.

1. Pause and Assess Your Goals

Before engaging in negotiations, reflect on your motivations and long-term goals. Are you looking to retire, pursue a new venture, or simply capitalize on your hard work? Understanding your objectives will help you evaluate whether selling to a competitor aligns with your personal and professional aspirations.

2. Consult Professional Advisors

Engage an experienced business advisor, attorney, and accountant early in the process. These professionals can help you:

Assess the offer’s fairness and structure
Navigate legal and tax implications
Protect your interests during negotiations

An experienced business advisor can also help you identify red flags you can easily miss and ensure you’re not missing out on better opportunities.

3. Value Your Business Objectively

Obtain a professional business valuation to determine your company’s true worth. This will give you a solid foundation for negotiations and help you avoid undervaluing your business. An unbiased, third-party appraisal is especially important when dealing with a competitor, as they may have insights into your operations and market position.

4. Create Competition for Your Business

Don’t limit yourself to a single buyer. Quietly market your business to other potential acquirers, such as private equity firms or other local businesses. Having multiple interested parties can drive up the sale price and give you leverage in negotiations. Even if you ultimately sell to your competitor, competing offers can help you secure better terms.

5. Protect Confidential Information

One of the biggest risks in selling to a competitor is the potential misuse of sensitive information. To mitigate this:

Require all interested parties to sign a robust Non-Disclosure Agreement (NDA) before sharing any details.
Release information in stages, starting with general data and only sharing proprietary or sensitive details after a Letter of Intent (LOI) is signed.
Withhold your most sensitive information until you are confident in the buyer’s seriousness and the deal’s progress.

6. Negotiate Key Terms Carefully

Beyond the purchase price, pay close attention to deal terms, including:

Break-up fees. These protect you if the buyer backs out after accessing confidential information.
Non-compete clauses. Ensure you understand any restrictions on your future business activities.
Employee and customer transition plans. Clarify how staff and clients will be treated post-sale.

7. Conduct Due Diligence on the Buyer

Just as the buyer will scrutinize your business, you should investigate their financial stability, reputation, and intentions. Make sure they have the resources and credibility to complete the transaction and honor their commitments.

8. Plan for Communication and Transition

Prepare a strategy for announcing the sale to employees, customers, and suppliers. Be transparent about the reasons for the sale and the benefits for all stakeholders to minimize uncertainty and disruption.

9. Understand Legal and Regulatory Implications

Selling to a competitor can trigger antitrust or regulatory reviews, especially if the deal could reduce local competition. Work with your attorney to ensure compliance with all relevant laws and to avoid unintended legal consequences.

10. Stay Objective and Patient

Selling your business—especially to a competitor—can be emotional. Keep your focus on the facts, your goals, and the advice of your professional team. Don’t rush; take the time needed to secure the best possible outcome for yourself and your business.

Summing It All Up

When a local competitor seeks to buy your company, approach the opportunity with caution and preparation. Seek professional guidance, protect your confidential information, create competition for your business, and negotiate terms that align with your goals. By following these steps, you can maximize your business’s value and ensure a successful transition—on your terms.

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We can make that dream a reality. Give us 30 minutes and we will show you how to get your life back. Skeptical? Good! Put us to the test.

You can call us for your free appointment at 480-636-1720, or, if you prefer, Waters Business Consulting Group to learn more about us and the services we offer.

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How Small Business Owners Can Effectively Navigate Government Bureaucracies

July 14, 2023 No Comments

For small business owners, dealing with government bureaucracies can often be a daunting task. Navigating complex regulations, paperwork, and procedures can consume valuable time and resources. However, with a strategic approach and the right knowledge, small business owners can effectively navigate government bureaucracies and ensure compliance while minimizing administrative burdens. How Small Business Owners Can Effectively Navigate Government Bureaucracies With this in mind, the following article will provide a detailed guide on how small business owners can tackle government bureaucracies efficiently and effectively so they can spend more time doing what’s most important – growing their organizations. Now, let’s get it to, starting with acquiring a firm grip on the applicable rules. Understand Applicable Regulations The first step in navigating government bureaucracies is to understand the specific regulations that apply to your business. Identify the relevant government agencies and familiarize yourself with their mandates, rules, and procedures. This will help you gain clarity on the requirements and expectations set forth by the government, enabling you to comply with them effectively. Seek Expert Advice Government regulations can be complex, and seeking expert advice is crucial to navigate them successfully. Consider consulting professionals such as attorneys, accountants, or a business coach with extensive experience. They can help you understand the legal framework, interpret regulations, and guide you through the bureaucratic processes. Establish Clear Internal Processes Create internal processes and systems within your business to streamline compliance with government requirements. This includes maintaining accurate records, filing necessary reports, and ensuring timely payment of taxes and fees. By organizing your business operations, you can reduce the risk of non-compliance and simplify interactions with government agencies. Utilize Government Resources Government agencies often provide resources, guidelines, and tools to help small businesses understand and comply with regulations. Visit agency websites, attend seminars or webinars, and explore available publications or guides. Take advantage of these resources to gain insights into the regulatory landscape and the specific requirements for your business. Maintain Open Communication Building relationships and maintaining open lines of communication with government officials can be invaluable. Reach out to the appropriate agency contacts and establish connections. Seek clarification on regulations, request assistance when needed, and proactively address any compliance concerns. Regular communication can foster a cooperative relationship with government representatives, making it easier to navigate bureaucracies. Be Proactive in Compliance Proactive compliance is key to minimizing bureaucratic hurdles. Stay up to date with regulatory changes that may affect your business, and make necessary adjustments promptly. Regularly review your business operations to ensure compliance with current regulations. By taking a proactive approach, you can mitigate potential issues before they escalate and avoid unnecessary bureaucratic entanglements. Utilize Technology and Automation Leverage technology and automation tools to simplify administrative tasks and streamline compliance processes. Invest in accounting software, record-keeping systems, and compliance management tools that align with your business needs. Automation can save time, reduce errors, and provide an efficient way to manage regulatory obligations. Engage in Advocacy Joining industry associations or business networks can amplify your voice and provide collective advocacy on regulatory matters. Collaborate with other small business owners facing similar challenges and work together to advocate for regulatory reforms that promote entrepreneurship and reduce bureaucratic burdens. Participate in public consultations and provide feedback on proposed regulations to influence policymaking. Seek Assistance from Small Business Support Organizations There are numerous organizations that offer support and resources specifically tailored to small business owners. Chambers of Commerce, Small Business Development Centers (SBDCs), and other trade associations can provide guidance on navigating government bureaucracies, offer training programs, and connect you with other entrepreneurs who have successfully dealt with similar challenges. While government bureaucracies may appear overwhelming, small business owners can effectively navigate them with the right strategies. By understanding regulations, seeking expert advice, establishing internal processes, utilizing resources, maintaining open communication, being proactive, leveraging technology, engaging in advocacy, and seeking assistance from support organizations, small business owners can overcome bureaucratic hurdles and focus on running their businesses successfully. Remember, navigating government bureaucracies is a continuous process, and staying informed and proactive is essential for long-term success. So, what other advice would you give small business owners who are dealing with government bureaucracies? Please take a few moments to share your experiences or approaches so that others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

Reasons Why Small Business Loans are Denied

May 24, 2017 No Comments

Small business owners can easily find themselves in the unenviable position of needing capital, but, not having ready access to cash. It presents an age-old problem, buying equipment ties cash up, even though said equipment is considered an asset. Such assets can depreciate, which worsens the situation all the more. On the cash liquidity side, there are tax consequences to having a certain level of retained earnings. This is why debt instruments are a part of doing business. However, even profitable small businesses can be denied for a loan, and, there’s ample evidence to support this phenomenon. In the first two quarters of 2014, about half of applicant businesses received any funds, according to a survey conducted by the Federal Reserve Banks of New York, Atlanta, Cleveland and Philadelphia. Reasons Why Small Business Loans are Denied Unfortunately, present trends don’t show much improvement in the access to capital, or, in reducing operational costs. In fact, since November 2014, three out of ten businesses reported more difficulty in trying to reduce operating expenses, and, one-quarter reported unexpected expenses too hard to plan for, according to a study conducted by Nav (formerly Creditera), a business credit management company. If your company recently applied for business credit and was rejected, you’re not alone. So what can you do if your business credit application is denied? Start by trying to find out why. The Federal Trade Commission suggests submitting a written request for the reasons within 60 days of the denial, and the creditor must give you the specifics in writing within 30 days of the request. Consider discussing any concerns you have with your lender, and you may be able to resolve the issues. —Washington Post Within the same survey, about 20 percent of participant companies considered closing their doors, citing two primary reasons: lack of growth and issues with positive cash flow. These factors are likely why 53 percent of all companies applied for lines of credit or loans over the past half-decade, with more than one-in-four attempting to access capital numerous times. During the same five year period, one-fifth were denied and of those, 45 percent reported being turned down more than once. Twenty-three percent of all those denied loans or lines of credit did not know the reason why their applications were denied. So, why is this happening and what makes it appear so prevalent? There are reasons why small business loans are turned down, and, it’s actually not complicated. Here are some of the most common reasons small business loans are denied: Having no credit or even bad credit. Some business owners do not realize they have two credit scores: their personal credit and their business’ credit. What’s worse, some owners have relied on personal lines of credit and have seriously driven their DTI or debt-to-income ratio into dangerous territory. Making payments on-time, keeping a low balance, and not seeking to continually open new credit lines are all necessary to improve both personal and business credit. Too little collateral. Since most business owners aren’t willing to sign a personal guarantee, leveraging their personal vehicles and home to secure a loan, there’s little to nothing left to pledge as collateral. Lenders aren’t keen and will not provide financing that constitutes an unnecessary risk. Anemic cash flow. After all other expenses are paid, lenders want to see demonstrable proof there’s enough cash to repay the loan. Too tight a margin and banks won’t be willing to approve a business loan. Lack of strategic planning. It’s often true that business owners don’t understand the loan process, including the application itself, and all necessary documentation and that can lead to being turned down. Applicants must provide a clear forecast and show a realistic, actionable plan. Under capitalization on loan applications. There are sometimes more assets available to claim than applicants realize and as a result, their loan application makes the organization appear under capitalized. Some assets aren’t immediately clear, which means all potential assets ought to be identified. Another reason businesses might have trouble securing debt instruments is industry-specific difficulties. For instance, a construction company that’s operating in a locality where people are moving away from, or, a taxi company that’s facing tougher licensing regulations or an industry disruption as we have recently seen with Uber. The best solution in the short term is to reduce your Cost of Goods (labor and materials) to improve Gross Margins and reduce Expense Overhead to increase Net Profits which will help with cash flow and operating capital. Also, negotiating terms with your Receivables and slowing growth will allow for an influx of cash. Where possible, attempt to self fund your growth. If capital is required for growth, pursue alternative lending sources other than banks. There are several available and feel free to contact us if you are in need of alternative lending sources. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

3 Effective Ways to Beat Zoom Fatigue

March 23, 2021 No Comments

Zoom fatigue?!?! Yes. If you haven’t yet heard, Zoom fatigue is a real thing. The origin of the phrase is obvious. Still, some people are just hearing about it for the first time. Perhaps, because they are experiencing its symptoms. Regardless, Zoom fatigue can be harmful in a number of ways. So, read on to learn how to best deal with Zoom fatigue and what you need to know. What is Zoom Fatigue? Simply put, Zoom fatigue is a phenomenon that causes tiredness, along with worry and burnout. These emotions are due to the overuse of video or virtual communication platforms, most commonly videoconferencing. The symptoms come from excessive amounts of highly intense eye strain. Experts also say people seeing themselves during video chats also causes unnecessary stress and fatigue because their every movement is captured. Do you audibly sigh every time you have to log on to what feels like your thousandth Zoom meeting of the day? You’re not alone. While we’re all more or less used to video calls and meetings being the norm now, the newly coined effect of Zoom fatigue hasn’t gone away. Since working from home is here to stay, video calls are here for the long run too. This makes it incredibly important to find a way to prevent Zoom fatigue from taking over your workday. —Forbes Then, there’s the immobility of videoconferencing. Unlike speaker phone conversations, which are pure audio, people can walk around and think on their feet. But, that’s not the case with video. Lastly, there’s cognition overload, since non-verbal communication interpretation is so much more difficult between parties. All of these can contribute to Zoom fatigue, which leads to negative emotions, as well as poor work production. 3 Effective Ways to Beat Zoom Fatigue Fortunately, there are ways to deal with the digital burnout. If you’re tired of videoconferencing, you are certainly not alone. But, there’s more good news. You can effectively combat the effects of Zoom fatigue by doing one or more of the following: Disable the self-view feature. When you get up in the morning, get ready as you normally do, dressing up as a professional. You’ve done this countless times before and probably continue the habit, even while working remotely. Since you’ve already dressed up and are presentable, there’s no sense in looking in the mirror (or seeing yourself on video). So, turn off the self-view feature, which is one of the single biggest causes of Zoom fatigue. Take regular breaks. Okay, there’s nothing magical about taking breaks. It’s obvious advice. But, it’s also something people forget to do when they’re working virtually because they aren’t in their normal workplace. However, breaks are necessary throughout the day. From time-to-time, take a few minutes to walk around, get outside for a little while, and take regular breaks. Switch communications. If you’re feeling stressed and/or resentful of videoconferencing, then just switch up the way you communicate. Instead of video, use voice conferencing so you have more freedom of movement and can enjoy the benefit of thinking on your feet. What other suggestions do you have to combat Zoom fatigue? Please take a moment to share your thoughts and experiences so others can benefit from your unique perspective. After all, you never know who you’ll help out! Interested in learning more about business? Then just visit Waters Business Consulting Group.