Can I sell part of my business?
Yes, you can sell a division, a product line, a location, or a minority or majority stake in the company, but each structure has different tax, legal, and operational consequences, and separating what stays from what is sold is usually the hardest part.
Selling part of a business is common: a location, a division, a product line, or an ownership stake. It is more complicated than a full sale because you have to define exactly where the line falls.
Selling a division or product line
This is usually structured as an asset sale of the specific equipment, inventory, contracts, and goodwill tied to that part of the business, leaving the rest of the company with you. The hard part is untangling shared resources, such as staff who work across both parts, a lease that covers the whole space, or a customer who buys from both, before you can put a clean package in front of a buyer.
Selling a location
If you operate more than one location, selling one is similar to selling a standalone small business: the buyer takes the assets, lease, and staff at that location, while you keep the rest. Whether the lease at that location can be assigned, and whether staff at that location have entitlements tied to their length of service, both need to be worked out early.
Selling a stake instead of the whole company
Selling a minority or majority share of the company itself, bringing in a partner or investor rather than exiting entirely, is a share transaction and usually requires a shareholder agreement covering decision-making, what happens if you disagree, and how either of you can eventually sell the rest. This route keeps you involved, which suits owners who want to bring in capital or a successor gradually rather than exit all at once.
Get the boundaries right before you market it
Whatever you are selling, spell out exactly what is included, such as which assets, which contracts, which staff, and which customers, before you go to a buyer, since ambiguity here is where partial sales most often break down in negotiation. A clear list also makes it easier to value the piece being sold on its own, apart from the rest of the business.
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Canada Revenue AgencyGovernmentSelling a business
- 02Treadstone LawLegal commentaryDoes an Asset Sale Terminate Employment in Ontario?
- 03Treadstone LawLegal commentaryAre Your Contracts Assignable?
- 04Canadian Federation of Independent BusinessResearch dataSuccession Tsunami: Preparing for a decade of small business transitions
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