Business Purchase Offer Letter Template for Germany

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Key Requirements PROMPT example:

Business Purchase Offer Letter

"I need a Business Purchase Offer Letter under German law for acquiring a medium-sized software development company in Berlin, with a proposed purchase price of €5 million and a request for 60-day exclusivity period starting March 2025."

Document background
The Business Purchase Offer Letter is a crucial document in the initial stages of a business acquisition process under German law. It is typically used when a potential buyer has identified a target business and wishes to formally communicate their interest and basic terms of the proposed purchase. The document serves multiple purposes: it demonstrates serious intent, outlines key commercial terms, and provides a foundation for further negotiations. Under German legal practice, while not fully binding, certain elements of the letter may create legal obligations, particularly regarding confidentiality and exclusivity if included. The letter should be drafted with consideration of German Civil Code (BGB) and Commercial Code (HGB) requirements, especially regarding contract formation and commercial transactions.
Suggested Sections

1. Letter Header: Company letterhead, date, and recipient's full details including correct legal entity name and address

2. Subject Line: Clear identification of the letter's purpose as a business purchase offer

3. Introduction: Brief introduction of the offering party and statement of intent to purchase the target business

4. Business Identification: Clear identification of the target business, including legal entity name, registration details, and location

5. Purchase Price: Proposed purchase price and basic structure of the transaction (asset vs. share deal)

6. Key Terms: Outline of fundamental terms including payment structure, timing, and basic conditions

7. Due Diligence: Request for or reference to due diligence process and timeline

8. Validity Period: Duration for which the offer remains valid

9. Next Steps: Proposed process for moving forward, including timeline for response and negotiation

10. Closing Statement: Professional closing with contact details and signature block

Optional Sections

1. Financing Structure: Include when offering party wishes to specify intended financing arrangements or when seller financing is requested

2. Employment Considerations: Include when there are specific intentions regarding key employees or management team

3. Exclusivity Request: Include when seeking exclusive negotiation rights for a specific period

4. Confidentiality Reference: Include when a separate NDA hasn't been signed or needs to be referenced

5. Post-Closing Cooperation: Include when transition services or seller's continued involvement is desired

6. Regulatory Approvals: Include when the transaction size or nature requires specific regulatory clearances

Suggested Schedules

1. Price Calculation Overview: High-level breakdown of how the proposed purchase price was calculated

2. Timeline Appendix: Proposed schedule for key transaction milestones including due diligence, negotiation, and closing

3. Asset Schedule: Preliminary list of key assets included in the proposed transaction (for asset deals)

4. Key Assumptions: List of material assumptions underlying the offer

5. Proof of Funds: Basic evidence of financial capability or financing commitment letters

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Manufacturing

Technology

Retail

Professional Services

Healthcare

Real Estate

Financial Services

Hospitality

Construction

Automotive

Energy

Telecommunications

Media and Entertainment

Transportation and Logistics

Agriculture

Education

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Strategy

Executive Leadership

Business Development

Risk Management

Compliance

Corporate Secretary Office

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Business Development Director

Corporate Development Manager

Investment Manager

Legal Counsel

Business Owner

Mergers & Acquisitions Director

Financial Controller

Strategy Director

Board Member

Company Secretary

Private Equity Manager

Business Broker

Investment Banker

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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