Nov 23, 2024
HEP 456 Module 5 Section 12 and 13 Planning for Analysis and Interpretation and Gantt chartĀ
HEP 456 Module 5 Section 12 and 13 Planning for Analysis and Interpretation and Gantt chartĀ Name HEP 456: ā¦
BUS607 Week 2 Discussion 2 Methods of Acquisition
Method of acquisition
The method of acquisition I would recommend would be to purchase the assets of the company exclusively. This way, my client can alleviate any liability that he may have concerning the lawsuits, but still, obtain the technologies that he wants. However, there are a few issues that he should consider: what type of contract should he draft to avoid liability, is the technology worth the purchase price, and is the seller reputable? My client should have a contract drafted that will protect my client from any litigation. I would advise him to have a contract that details its waiver of any liability in cases of litigation. This way, he will avoid being held liable for lawsuits and product failures.
If my friend takes this route and purchases only the assets, I would recommend having a purchase agreement drawn up which would specify all of the assets he was purchasing from the company and their respective pre-tax valuations (Maiden,2018). My reasoning for having this purchase agreement drawn up is because in certain instances courts have held companies liable for their workersā actions even if they did not authorize such actions.
Besides, I would recommend purchasing the assets exclusively because this method is much easier to prove that there is no fraud the assets are what my client is purchasing. With this purchase agreement in place, it would be very clear to the court that if any liabilities were outstanding, they would have been transferred to my friend upon purchase of the assets as well (Welbank,2020). If my friend decided to buy only the assets and not the stock, he could pay less for the company which could allow him to purchase even more assets from it.
In conclusion, I feel that purchasing only the assets is the best method of acquisition because it will satisfy the concerns of my friend, minimize the lawyerās fees, and make it much easier to prove that the liabilities have been transferred.
References
Maiden, N. A., & Rugg, G. (2018). ACRE: selecting methods for requirements acquisition.Ā Software engineering journal,Ā 11(3), 183-192.
Welbank, M. (2020). An overview of knowledge acquisition methods.Ā Interacting with computers,Ā 2(1), 83-91.
