What should I do if word gets out that I am selling my business?
Decide quickly who needs to hear it from you, then say less than you know. Check which confidentiality agreements apply and who may have breached one, and have a short plan for employees, customers and suppliers. Get legal advice before you accuse anyone.
BDC warns that, depending on a listing site’s confidentiality procedures, word could get out to employees, customers or suppliers that you are selling the company. It also notes that a change in ownership can be disruptive for all three. Plan for a leak, and put the first hours into your response before you hunt for the source.
Find out what you have signed
BDC says that to pursue discussions with the seller it is customary to sign a confidentiality agreement and write a letter of intent, and that a letter of intent can create binding obligations on confidentiality and exclusivity where it so provides. Pull every agreement you have signed with brokers, advisers and prospective buyers. Read who is bound, what counts as confidential information and whether the agreement says what happens on a breach. Do not accuse anyone until a lawyer has read the document.
Decide what to say and to whom
BDC suggests working out a transition plan with the buyer that includes a plan to retain employees, customers and suppliers, and how you will communicate with them about the change and what it means for them. If the news is already circulating, consider a short, consistent message from you. Say that you are exploring options, that no decision has been made if that is true, and when you will update them. Never say anything untrue, and do not promise outcomes you do not control.
Tell your buyers and advisers
Let active buyers and your broker know before they hear it elsewhere, and ask whether any of them shared information. Our page on keeping a sale confidential explains how to limit what leaves the room next time.
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Business Development Bank of CanadaIndustryHow to sell your business
- 02Business Development Bank of CanadaGovernmentLetter of intent and confidentiality agreement for a business acquisition: What clauses should be included?
- 03Business Development Bank of CanadaGovernmentHow to minimize negotiations when selling your business
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