What Is A Business Transfer?

Brad Smith • January 11, 2022

Although the process is a little different than transferring a home, a smooth business transfer can be done if you know what to do and how to go about it.


This blog post covers some basics of transferring a business as well as some reasons why hiring an attorney for assistance with your transfer may be wise.

What Is A Transfer Of Business?

In many ways, transferring a business is just like transferring your house from one owner to another. You must transfer or assign all legal rights to the business, including contracts and licenses. In most cases, you will need to transfer paperwork from any companies you do business with after making the transfer such as utility companies, bank loans, and the like.


This transfer is completed when you receive a new EIN number from the IRS in your new business name so that it will be clear to others that they are dealing with a separate business entity.

Why Would You Want To Transfer Your Business?

Your reasons may vary, but common ones include:


  • The transfer of your business will allow you to start anew if the time is right to move on.


  • You are retiring or otherwise leaving the business industry.


  • An opportunity has arisen for you to transfer ownership of your company, often in exchange for a sum of money or because it may be necessary as part of financing arrangements.

How To Transfer A Business?

The transfer process may vary depending on the type of transfer happening and the structure of your business. You will need transfer documents in most cases, which you can obtain from your attorney (or any other professional you work with such as an accountant).


Depending on things like: how your company is organized and whether you have employees, transfer documents will vary. You may also have to transfer licenses or permits or transfer the business's name.


The transfer process consists of many steps that need to be completed step-by-step, including finding a qualified buyer (if you are selling your company), arranging the transfer (whether it is "friendly" or not), and closing the transaction. You should keep in mind that you will need some transfer documents, which your attorney can provide.

Steps To Completing A Successful Business Transfer

Transferring a business is the transfer of ownership, assets, and liabilities from one person or entity to another. This transfer can take place between two companies in the same industry or it may be an internal transfer within a company.


The process typically begins with identifying what type of transfer needs to happen and who will benefit most by doing so.  Once you have determined this information, there are several legal considerations that need to be addressed before proceeding with the transfer.


You should also consider how transferring your business will help you achieve your goals for growth when considering which route is best for you.


The following are four steps in the process of completing a successful business transfer:

  1. Determine if the transfer makes sense
  2. Assess potential risks and benefits
  3. Find an attorney
  4. Transfer the business

Why Should You Hire An Attorney To Help?

Hiring a professional is a good idea whether you transfer a business or transfer a home. In the case of transferring your business, the stakes are high and it can easily become confusing as there are many details involved. For example, if you transfer your business prematurely, it may have tax consequences that are unintended.


Hiring an attorney helps save unnecessary mistakes that could cause big problems for you down the road. It also can protect your privacy because many of these transfer documents are public records which means they are available to anyone who files a request with the right agency.

The Bottom-Line:

Transferring a business is an important decision that should not be taken lightly. If you transfer your company to another person or entity, it’s crucial to make sure the transfer process is done correctly and in accordance with all applicable laws. That’s where hiring a qualified attorney comes into play to make sure the transfer of ownership goes smoothly from start to finish.


In this article, we have outlined some steps necessary for transferring your company's success as well as how attorneys can help by providing legal guidance every step of the way. We hope these tips provide insight on what to look out for when considering whether or not you want to transfer your own business in order to grow and move forward.

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Interested in Working With Us?

If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.


Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.


With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.

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