Who are the Parties in an acquisition?

To an asset sale

The parties to an asset sale are as follows:

Buyer/Purchaser: the purchasing company/partnership/sole trader.

Seller/Vendor: the selling company/partnership/sole trader.

The consideration on an asset sale will therefore be paid to the selling company/partnership/sole trader. In the case of a company this will mean that for the consideration to reach the shareholders the selling company will need to declare a dividend or be wound up by its shareholders.

To a share sale

The parties to a share sale are as follows:

Buyer/Purchaser: the purchasing company/partnership/individual(s).

Seller/Vendor: the selling shareholder(s) (which could be individual(s), company(/ies) or partnership(s)).

The consideration on a share sale will therefore be provided straight into the hands of the selling shareholder(s).