Sales Training:
Welcome to the Sales Training Center's comprehensive resource site for effective, performance-based sales training and sales development programs. Over the past thirty years, sales professionals and sales managers across the world have benefited from our highly interactive sales training seminars. We provide pubic open enrollment and private seminars at the location of your choice. We conduct in excess of 200 monthly sales training seminars throughout the world.
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Students of a Sales Training Center seminar will learn to:
Deal with multi-levels sales structures—users, authorizers, and purchasing agents
Use post-sales call measurement to assess their own performance and identify key customer issues by thinking and responding like a business consultant
Recognize basic styles of buyer behavior and determine how to adapt to each style to create positive "chemistry"
Analyze what sales people say, reducing the potential for misunderstanding
Effectively manage and control anger, conflict and difficult situations
Develop active listening skills to focus on what customers are saying
Be able to facilitate, guide, and close discussions in one-on-one and group settings
Build and give appropriate credit for other peoples ideas and avoid putting others on the defensive
Make a positive impact on the quality of teamwork and productivity within the work unit by effectively giving and receiving feedback
Sell long-term relationships rather than price
Incorporate interviewing skills into the sales process in lieu of pitching products
Apply the appropriate sales techniques based on the buyer and behavior type
For free, no obligation information on how we can help you please contact us today.
As a Business Broker, representing buyers or sellers, I am often asked about the different aspects of asset sales and stock sales. There are advantages and disadvantages for both the buyer and seller with each type of sale. Please note that each business transaction is unique so the information here is laid out in very general terms.
DESCRIPTION
Asset Sale:
An asset sale is when an individual or corporation buys the assets, both tangible and intangible from a sole proprietor or a corporation. IE ABC, Inc. buys all the assets of Xyz, Inc.
This normally consists of any or all, furniture, fixtures, equipment, leaseholds, leasehold improvements, rights, records (i.e. customer lists), licenses, franchises, goodwill, covenant not to compete, trade secrets, trade names, telephone numbers, supplies, workforce in place, work in progress and inventory.
This does not include: cash, accounts receivable or accounts payable. Xyz, Inc. still needs to fulfill Xyz, Inc.'s debt obligations.
Stock Sale:
A stock sale is the purchasing of corporate stock or LLC shares from the owners. IE An individual(s) or corporation buys all the shares or a majority from Xyz, Inc. The buyer now owns Xyz. Inc.
A stock sale usually includes everything on the balance sheet - assets and liabilities. Loans to the owner and personal liabilities are normally removed.
When selling a small or medium sized privately owned business, a big reason stock sales take place is when there is some sort of right, license, exclusive distributorship that cannot be easily transferred. The majority of business sales are asset sales.
RULES GOVERNING STOCK SALES
When a stock sale takes place there are regulations that must be met in order for the transaction NOT to fall under the auspices of the SEC, the Securities Exchange
Commission. The main guidelines are:
1. The business must be sold as an ongoing concern. I cannot be a shell.
2. Business's may not be advertised as stock sale.
3. Usually 100% of the stock must be sold OR 51% or more of the stock may be sold with the seller retaining the balance. The seller may sell the balance in the future as part of a structured sale.
4. The buyer must operate the business post-sale.
5. In California, the buyer and seller must live in California.
ADVANTAGES AND DISADVANTAGES FOR THE BUYER
For an Asset Sale:
Advantages:
No liability for the corporation prior to ownership
No liabilities for employees
Costs paid for the assets are depreciable
Clean credit, reputation, worker's comp etc.
Disadvantages:
No established credit
Must re-hire employees
Must negotiate a new lease
New licenses
A certain amount of operating capital is required - remember no accounts receivable.
Must comply with the UCC-Bulk Sales. More time required to close and mandatory public notification
Must pay sales tax for furniture, fixtures and equipment.
For a Stock Sale:
Advantages:
Established credit
Many times, no operating capital is required
Leases are in place
Contracts are in place
Employees are in place - worker's comp established
No public notification
No sales tax
No deposits
SUMMARY
Asset sales are...
Easier to conclude
More favorable for the buyer and less favorable for the seller for taxes
Have much less liability for the buyer
Preferred by buyers
Stock Sales are...
More favorable for the seller and less favorable for the buyer for taxes
Have much more buyer liability
Used when there a assets that are not easily transferred, IE an exclusive distributorship
Usually require a business attorney to draft the stock purchase agreement
Preferred by sellers
Source: Ron Van Orden link
For free, no obligation information on how we can help you please contact us today.