By Alex Lubyansky Managing Partner Last updated
Acquisition Stars advises buyers and sellers on home services acquisition attorney matters across California.
Serving clients across California.
Request Engagement AssessmentAcquisition Stars advises buyers and sellers on home services acquisition attorney matters across California. Alex Lubyansky leads every engagement, and has been M&A counsel since 2013 across transactions of varying complexity, from lower-middle-market deals to multi-party structures.
Share the basics. Alex reviews every inquiry and responds within one business day.
Your transaction details are under review. If there is alignment, we will be in touch.
Meanwhile, feel free to call us directly at (248) 266-2790
Banned entirely. Limited exception for sale of a business.
Non-compete agreements are void and unenforceable under California Business and Professions Code Section 16600. This ban applies broadly, with narrow exceptions only for the sale of a business (the seller may be restricted from competing with the sold business), dissolution of a partnership, or dissolution of an LLC. Even with the sale-of-business exception, restrictions must be reasonable.
California imposes an 8.84% corporate franchise tax on C-corporations and a 1.5% franchise tax on S-corporations. The state does not conform to federal qualified small business stock exclusions. Under California community property rules, the spouse who operates a business that is substantially all community personal property has primary management and control and must give the other spouse prior written notice of a sale of all or substantially all of the business personal property, and both spouses must join to sell or encumber community real property, under Cal. Fam. Code 1100. California sources income based on market-based sourcing rules, which can affect multi-state deal structures.
Mergers and asset acquisitions require filings with the California Secretary of State. The California Franchise Tax Board requires tax clearance certificates for dissolving entities. Bulk sales transactions require Notice to Creditors filings. Foreign entities must qualify with the Secretary of State before doing business in California.
California retains a modified Bulk Sales Act under California Commercial Code Sections 6101-6111, applicable primarily to businesses whose principal activity is the sale of inventory. Buyers must comply with notice requirements to the seller's creditors at least 12 business days before the bulk transfer. Failure to comply allows creditors to void the transfer.
Acquisition Stars handles M&A transactions for California clients and works with securities counsel on securities matters. Alex Lubyansky leads every M&A engagement.
Alex Lubyansky leads every home services m&a legal services engagement, with an associate supporting the work.
M&A counsel since 2013. Nationwide practice. LOI through closing.
We review every transaction inquiry within one business day.
Your transaction details are under review. If there is alignment, we will be in touch.
Meanwhile, feel free to call us directly at (248) 266-2790
Before you go
Talk through your transaction with Alex Lubyansky at no cost. Submit your transaction details and the team will confirm next steps.
Request Your Free ConsultationOr call (248) 266-2790