Selling Your Business in Texas: A Legal Series for Smart Exits

Selling a business is one of the most pivotal milestones an entrepreneur or founder will face. Whether you’re planning to retire, reinvest, or move on to your next venture, the legal and financial complexities of a business sale can either empower your future or derail your outcomes. At Amini & Conant, we specialize in guiding Texas business owners through high-stakes transactions with clarity and precision.

This blog kicks off a new series that will dive into every major legal consideration that comes with selling your business—from LOIs to tax structure, due diligence to post-sale risk. Each month, we’ll explore a key aspect of the process, bringing real-world legal insight tailored to Texas law and business practice.

(Blog Is Now Live) April: Finding the Right Buyer and Valuing Your Business
Strategic buyers vs. financial buyers. Learn how to identify which kind of buyer is right for your goals—and how your company will be valued in different sales processes. We’ll also cover when to run a broad auction versus a private negotiation.

May: The LOI – What You Agree to Before the Deal Even Starts
The letter of intent (LOI) sets the tone for your transaction. We’ll explore how to negotiate favorable terms at the Letter of Intent (LOI) stage—structure, price, non-compete clauses, and exclusivity, and how early decisions can impact the final deal.

June: Legal Due Diligence – What Buyers Will Look for (and How to Prepare)
Discover how to prepare for buyer due diligence, covering corporate records, IP, contracts, and compliance. We’ll share a checklist sellers can use in advance to streamline the process and avoid surprises.

July: Deal Structures Explained – Asset vs. Stock vs. Merger
The structure of your deal affects taxes, risk, and required consents. We’ll walk through the pros and cons of asset sales, stock sales, and mergers, with specific guidance for Texas business owners.

August: Tax Planning for Sellers – How to Maximize What You Keep
Your tax burden can vary dramatically depending on how a deal is structured. We’ll cover capital gains vs. ordinary income, QSBS, installment sales, and when a 338(h)(10) election makes sense.

September: Key Employment and IP Issues in a Sale
We will examine how to handle employee agreements, non-compete agreements, and intellectual property ownership before and during a sale. This post will help protect your business’s value and continuity.

October: Confidentiality, NDAs, and Controlling Deal Risk
Keeping your sale confidential is essential for avoiding disruption. We will discuss when to use NDAs, how to prevent leaks, and what confidentiality clauses to negotiate.

Whether you plan to sell your business this year or down the road, this series will arm you with legal knowledge to:

• Avoid costly mistakes
• Protect your company’s legacy
• Negotiate with leverage
• Keep more of what you’ve earned

Each blog will reflect best practices from Texas corporate law, with insights drawn from real transactions our attorneys have handled. This is not just theory—it’s actionable legal strategy for business owners ready to take the next step.

If you’re actively considering selling your business, don’t wait for the full series. Contact our team of Austin transactional attorneys at Amini & Conant today for tailored legal guidance and strategy.

Back