Introduction

Buying or selling a business involves more than just a handshake and a contract—it’s a complex process with many critical elements, including pricing, finance, leases, staff, tax, risk management and importantly due diligence. Overlooking even a single detail can lead to issues later on. Harris Tate’s Commercial Team helps cut through the complexities by partnering with you to simplify complex processes, delivering clear, practical, and strategic guidance to achieve the best possible outcome.  

Agreement and structuring

We begin by establishing the framework of the transaction. Whether it’s a share sale or asset sale, structured as a single payment or earn-out (or with vendor finance or a bank loan). A carefully structured agreement outlines key terms and obligations and provides clarity that safeguards both parties minimising the risk of disputes following the sale. Those terms including such things as clarity on the assets/shares to be sold, intellectual property, employee arrangements, warranties and representations in relation to the business and restraints of trade.  

Due Diligence That Digs Deeper

Providing due diligence assistance ensures a client makes informed decisions when acquiring a business, entering a partnership, or engaging in complex transactions. This process involves thorough investigation and analysis of financial records, contracts, legal compliance, operational risks, and potential liabilities. By examining key documents and conducting risk assessments, clients are able to gain clarity on asset valuation, tax obligations, employee agreements, and regulatory issues. Due diligence mitigates risks by identifying hidden liabilities or discrepancies that could impact profitability or legal standing. A strategic and structured approach allows clients to proceed with confidence, knowing they have the necessary insights to negotiate effectively and protect their interests along the way.  

Finance, Leases & Employees

When buying or selling a business in New Zealand, financing, leasing, and employees are critical factors that must be carefully managed to ensure a smooth transition. Financing arrangements, such as vendor finance, bank loans, or deferred payments, impact the transaction structure and must be clearly outlined in the sale agreement. Existing leases, whether for premises or equipment, may need to be transferred, renegotiated, or terminated, depending on the buyer’s intentions and the landlord’s consent. Employee considerations are equally important—staff contracts, entitlements, and redundancy obligations must be reviewed to ensure compliance with employment laws. Buyers may choose to retain existing employees, negotiate new contracts, or restructure roles to align with business needs. Proper planning around financing clauses, leases, and employees helps prevent disputes and ensures both parties meet their legal and operational obligations. Harris Tate can provide comprehensive support in all these areas, ensuring legal compliance matters are effectively managed well ahead of settlement day.  

Settlement & Post-Completion

In the lead up to settlement, we help facilitate the release or registration of PPSR securities and other relevant securities (depending on which party we represent). We also manage necessary updates with the Companies Office. Settlement goes beyond the handover – we continue to provide assistance by tracking escrow dates, deferred-payment milestones, and warranty-claim windows, ensuring that both parties fulfill their contractual obligations.  

Why Choose Harris Tate?

• Straightforward guidance: No confusing legal terms—just clear, actionable advice.
• Business-minded approach: We offer sound practical, business-focused guidance tailored to commercial needs.
• End-to-end support: From contract structuring to assisting our clients with finance, due diligence, risk management and more – everything handled in one place.
• Regional expertise: Based in Tauranga, we support buyers and sellers across the Bay, and nationally.

 

Let’s Get Your Deal Done

Looking to buy or sell, expand, or invest in a business? Harris Tate offers clear, practical legal support to ensure seamless transactions, covering crucial details and allowing you to focus on your future and the successful operation of your business.