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It's important that you obtain your own
legal advice from a lawyer with experience
in commercial transactions, preferably in
mergers and acquisitions. Asking a family
member who is a lawyer to have a look at
the contract for you or believing that you
can deal with it yourself is unlikely to be
sufficient ­ formal, independent legal advice
should be sought on all aspects
of the transaction.
Finally, remember that when you sell
your practice, it is no longer yours. The
company that bought your practice will be
in charge of the staff and how the practice
is run, including the name under which
it operates.
NOTE: This article was previously published
in Avant Member Update ­ February
2012. It is not comprehensive and does not
constitute legal advice. You should seek legal
or other professional advice before relying
on any content, and practice proper clinical
decision-making with regard to the individual
circumstances. Avant is not responsible to you
or anyone else for any loss suffered in connection
with the use of this information. Information is
only current at the date initially published.
IMPORTANT: Professional indemnity
insurance products are issued by Avant
Insurance Limited, ABN 82 003 707 471,
AFSL 238 765. The information provided here
is general advice only. You should consider the
appropriateness of the advice having regard
to your own objectives, financial situation and
needs before deciding to purchase or continuing
to hold a policy with us. For full details including
the terms, conditions, and exclusions that apply,
please read and consider the policy wording and
PDS, which is available at www.avant.org.au or
by contacting us on 1800 128 268.
IN BRIEF
Issues to consider before selling your practice:
·Reviewanypatient/billingtargetsproposedbythepurchaser,especiallywheretheyare
tied to payment of the purchase price.
·Donottransfersharesuntilfinalpaymentisreceived.
·Findoutaboutthecorporategroupseekingtobuyyourpractice.
·Readthecontractcarefullybeforesigning.
·Includeadisputeresolutionclauseinthecontract.
·Rememberthatcommercialdisputesarisingfromthesaleofyourpracticeorbusiness
are not covered under Avant's Practitioner Indemnity Insurance Policy.
·Obtainindependentlegaladvice.
MEDICO-LEGAL