Planning Your Exit Strategy: Don’t Wait Until It’s Too Late
Whether you are envisioning a sale, merger, or family succession, planning your exit strategy is not something that you should wait for. In fact, some of the most successful transitions start with preparation years in advance.
Business owners should be ready to take the next step — whether that is stepping back, scaling up for an acquisition, or transitioning ownership. Here is what you need to know.
Why Exit Planning Should Start Early
A business exit is not just a transaction — it’s a process that can take 1 to 5 years or more, depending on your goals and the complexity of your business. Early planning allows you to:
- Increase Business Valuation
Streamline operations, strengthen contracts, and resolve liabilities to make your company more attractive to buyers.
- Clean Up Legal and Financial Records
Ensure corporate documents, financials, and employee agreements are in order before due diligence.
Advance planning opens up more opportunities for favorable tax treatment — for both you and your successor.
- Protect Confidential Information
Selling a business involves sharing sensitive data. Legal safeguards must be in place from the start.
A smooth succession plan reduces operational disruption and protects your legacy.
When Should You Involve Legal Counsel?
Many owners make the mistake of involving an attorney only after they have identified a buyer — or worse, once a deal is already on the table. By then, critical decisions have already been made, often without the benefit of legal guidance.
Instead, we recommend involving legal counsel at these key stages:
12–36 Months Before Exit
- Begin reviewing corporate structure, governance, and contracts
- Address shareholder or partner agreements
- Clean up ownership records and any phantom equity or incentive plans
At the Start of Exit Strategy Planning
- Identify the right type of exit: sale, merger, family transfer, MBO, ESOP, etc.
- Understand potential legal, tax, and financial implications of each path
Before Any Buyer Conversations Begin
- Draft or review confidentiality agreements (NDAs)
- Prepare a legal due diligence checklist
- Determine which company documents can be safely shared and when
During the Deal Negotiation Phase
- Ensure favorable terms in the purchase agreement
- Protect against post-sale liabilities
- Structure earn-outs, non-competes, or transition support properly
Pro Tip: Your Legal Strategy Shapes the Deal
Having an experienced law firm involved from the beginning helps you control the narrative, anticipate deal risks, and negotiate from a position of strength. It can also reduce transaction time and increase the likelihood of a successful closing.
Let's Start the Conversation Early
Whether you plan to exit in two years or ten, the best time to begin preparing is now. At Oberman Law Firm, we help business owners protect what they have built — and plan for what is next.
Contact us today to schedule a confidential consultation and start your strategic exit plan on solid legal ground.