Before you send

Approaching a business owner: the email, call and takeover rules

Updated

An unsolicited approach is marketing your own offer, so the electronic marketing rules apply to it. Which rule depends on who you are writing to.

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Email

A limited company or LLP

The ICO's guidance is that the PECR email consent rule does not apply to corporate subscribers, so you may email a company's director about buying it, identifying yourself and giving a way to opt out.

Source: ICO: business-to-business marketing

A sole trader or partnership

These are individual subscribers, so regulation 22 needs their consent before an unsolicited marketing email. Write a letter instead.

Source: PECR 2003, regulation 22

Phone and post

Calls

Screen the number against the Telephone Preference Service and the Corporate TPS registers before a cold call.

Letters

Address the director by name from the Companies House register, which every company must keep up to date.

Source: Companies House advanced search

Listed and public companies

The Takeover Code

An approach to a company the Code covers can oblige an announcement of a possible offer, so it goes to the board, never to a shareholder by cold call.

Source: Takeover Code rule 2.2

Tell us what you want to buy

Sector, area, price range and timing. Joseph Ellul reads it himself and replies directly. Free, no obligation.

What you want to buy

A town, a region or anywhere: it is the first filter on any search.

Share purchase or asset purchase?

It changes the tax, the diligence and who takes on the liabilities. Not sure is a fine answer.

  • Free, and no obligation
  • Read and answered by Joseph Ellul himself; no firm receives it
  • Information only: no tax, legal or investment advice

Tell us what you want to buy.

Sector, area, price range and timing. Joseph Ellul reads it himself and replies directly. Free, no obligation.

Sources

This site's own dataset, every figure quoted from its source and dated:

  1. Heads of Terms Lawyer
  2. Heads of Agreement UK
  3. Heads of Agreement for Business Sale UK
  4. Heads of Agreement When Selling a Business
  5. Heads of Terms (Asset Sales)
  6. Template heads of terms letter for private company share purchase (England and Wales) - Le
  7. Head of terms template
  8. Heads of Terms Share Sale UK: Key Clauses Explained
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