What happens to parent deposits and prepaid fees when a daycare is sold?
Money already taken from families is a liability the buyer should know about. List every deposit, prepaid fee and registration amount, decide in the purchase agreement who holds it and how it is adjusted, honour it after closing, and tell parents. Ask your lawyer whether any fee was allowed.
Parents often pay a deposit to hold a space, fees in advance or a registration amount. When the centre is sold, those amounts were paid by the families, and each family expects the same service it paid for. Both sides should deal with this money openly and in writing, well before closing.
List what was collected
Start with a complete list: every deposit, prepaid fee, registration amount and any other money taken for future service, by family, with the date and purpose. Compare it with the bank account where it is held. Your accountant can help reconcile the list with the books. A buyer will ask for this early, and a clean list avoids disputes.
Adjust it in the purchase agreement
Money held for future service may be dealt with in the price adjustments at closing, since the buyer will provide the service and the seller holds the cash. Your lawyer will decide how it is written. Be specific about which amounts are covered and who holds any deposits. Ask your lawyer whether a general clause is enough.
Honour it after closing
The aim is that families receive what they paid for. If a deposit secures a space, the aim is that the space is still there. If a family prepaid a month, the aim is that it is not asked to pay again. Tell the buyer about any promises made to individual families, such as a reduced fee or a held space. Ask your lawyer whether to put them in the agreement.
Tell parents and check what was allowed
Include the topic in the message to families, plainly: what happens to their deposit, who to ask and when the new owner takes over. Some fees may be restricted in how they can be charged or whether they can be refunded. That is a legal question, so send it to your lawyer and the licensing office rather than assuming.
Related reading
15 pages on the same subject, grouped by topic.
Selling
Buying
Due diligence
Legal
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Government of Ontario — Ministry of EducationGovernmentAppendix C — Sales of assets / shares of a corporation
- 02Government of Ontario — Ministry of EducationGovernmentChild Care Centre Licensing Manual
- 03Business Development Bank of CanadaGovernmentMajor pitfalls to avoid when negotiating a purchase agreement
- 04Canada Revenue AgencyGovernmentBuying a business
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