Archive for the 'Business Broker' Category
By John Warrillow | @JohnWarrillow |
Oct 14, 2011
It seems to me that we’re at a fork in the road: there are some positive signs that the economy is entering the earliest stages of a long term expansion, but at the same time, if I dare read the headlines, it seems we’re destined to repeat 2008.
It’s precisely because we’re at this inflection point that I see a lot of business owners thumbing the eject button. If you’ve been thinking of selling your business, here are seven reasons to get out now:
1. You’ve lost the stomach for it
A lot of business owners took The Great Recession in the teeth. If you’ve got your business stabilized and the prospect of fighting through another recession leaves you panic-stricken, it’s time to get out.
2. The worst is behind you
Let’s say you were mentally getting ready to sell back in 2007. Then 2008 hit, and 2009 was your worst financial year in recent memory. You cut everything you could in 2010 and now, as 2011 nears an end, you’re starting to see some profit and revenue growth. With your numbers going in the right direction, now might be just the right time to get out.
3. The tax man is coming
Governments around the world are looking for money to fund the cost of an aging population. In the U.S., the capital gains tax rate is set to go up after 2012.
4. Nobody is lucky forever
If you’re lucky enough to be in a business that actually benefits from a bad economy, congratulations. You’ve probably just had the three best years of your business life. But no cycle lasts forever and right now may be a great time to take some chips off the table.
5. The coming glut
As a business owner, demographics are not on your side. As the baby boomers start to retire, we’re going to have a glut of small businesses come on the market. That’s great if you’re buying, but if you’re a seller, you may want to get out ahead of the flood.
6. The closing window
It’s been tough for private equity companies to raise money since 2008; so many firms had their last successful round of fund raising in 2007. Many of these funds have a five-year window in which to invest; otherwise they are required to give the money back to the people who gave it to them. Some boutique private equity firms will make investments in companies that have at least one million dollars in pre-tax profits (larger private equity firms will not go below $3 million in EBITDA); so if you’re in the seven-figure club, you could get a bidding war going for your business among private equity buyers keen to invest their money before they have to give it back.
7. A good time to be liquid
The stock market has been swinging wildly lately which is why it would be nice to get liquid. With cash in the bank, you will be able to take advantage of a fire sale on the stocks of good quality companies should the market sink.
| Business Broker | 1 Comment »
When evaluating a potential franchise opportunity, prospective franchisees need to take care to put the hype and their emotions in check, and carefully consider all factors relevant to their buying decision. After all, the franchise will be a 5- to 10-year relationship (at minimum, under most franchise agreements), so it is well worth the investment to put in some research and analysis before taking the leap.
The following are 5 potential traps for prospective franchisees to keep in mind when evaluating new franchise opportunities:
1. Putting Blind Faith in Sales Pitches
It is important to remember that, while the franchise relationship is to an extent a symbiotic relationship that relies on the franchisee’s ability to succeed, franchising itself is still a business, and so franchisors (some to a greater extent than others) will try to “sell” you to get you into their system. Most franchise sales pitches, like any others, will focus on the benefits of the system to the exclusion of its risks and limitations. Prospective franchisees should ask pointed questions to investigate the franchise opportunity beyond the unsolicited gloss provided by the franchisor.
2. Only Contacting the Franchisor’s “Recommended” Franchisees
One method of performing this type of due diligence is to speak with the franchisor’s current and former franchisees. Some franchisors will have lists of their “recommended” franchisees that they provide to prospects and suggest that they get in touch with. These franchisees are often “recommended” for a reason—they are the best-performing and most satisfied franchisees in the system.
The franchisor’s Franchise Disclosure Document will include contact information for all current franchisees, and all former franchisees who left the system within the last year. Prospective franchisees should use this information to their advantage when performing their due diligence.
3. Not Performing Comparative Research
Some prospective franchisees will get caught up in the hype of a famous, new or trendy franchise opportunity, and as a result fail to consider alternate opportunities. Before focusing in on one particular franchise, prospective franchisees should investigate competitive offerings, and perform comparative research to make sure that their desired franchise stacks up with the competition from an investment perspective.
4. Not Investigating Vendors and Locations Before Signing the Franchise Agreement
In addition to investigating the franchisor, prospective franchisees should investigate the franchisor’s recommended (or mandatory) vendors, and should also begin to perform research on potential locations for their franchised outlet. These are additional factors that can have significant impact on the success or failure of a franchise, and the more prospective franchisees can inform themselves about these factors, the better able they will be to make an informed decision about whether to move forward with the franchise opportunity.
5. Not Attempting to Negotiate the Franchise Agreement
Finally, I see this less and less as time progresses, but some franchisors will still claim that they are “not allowed” to negotiate the franchise agreement. This antiquated notion is simply not true, and prospective franchisees should indeed attempt to engage in active and realistic negotiations with their franchisor in light of industry, system, experience, economic and other factors. While certain provisions will understandably be deemed non-negotiable, on the whole prospective franchisees with experienced counsel should be able to negotiate reasonable modifications that limit their risk exposure and enhance their overall chances for success.
Jeff Fabian is the owner of Fabian, LLC, a boutique intellectual property and business law firm serving new and established franchisors and franchisees. Visit www.thefranchisecafe.com or www.fabianlegal.com for more information, or contact the firm directly at 410.908.0883 or jeff@fabianlegal.com. You can also follow Jeff on Twitter @jsfabian.
This article is provided for informational purposes only, and does not constitute legal advice. Always consult an attorney before taking any action that may affect your legal rights or liabilities.
| Business Broker | 1 Comment »
Local Business Brokerage Adds New Broker to Experienced Team
Raleigh, N.C.- Jeff Snell, CBI, ABI and Principal Broker of ENLIGN Business Brokers, a firm representing profitable privately-held, Southeastern companies for sale with annual gross revenues in excess of one million dollars, has announced that Jim Swigart has joined the firm as a Broker. In this role, Swigart will serve as a liaison between buyers and sellers in business transactions.
Mr. Swigart has ten years of banking and investment banking experience and has previously worked for the middle-market M&A group of PricewaterhouseCoopers and a middle-market M&A boutique founded by the former heads of M&A at Dean Witter and Paine Webber. During those ten years, Mr. Swigart worked on closed M&A transactions with a cumulative value in excess of $1 billion.
Swigart received his MBA from Columbia University. He is also a member of the International Business Brokers Association (IBBA).
Mr. Swigart is the sixth industry professional to join ENLIGN in the 2011 making ENLIGN Business Brokers not only the fastest growing, but the largest in the region as well with 15 business brokers serving all of North Carolina, Georgia and Tennessee.
News Summary:
Jeff Snell of ENLIGN Business Brokers (www.enlign.com) has announced that Jim Swigart has joined the firm as a Business Broker.
-> Swigart received his MBA from Columbia University.
-> Swigart is a member of the International Business Brokers Association (IBBA).
Related Links: www.enlign.com/contacts.html
Quotes: “ENLIGN is raising the bar of professionalism in the business brokerage industry and I want to be a part of that.” Commented Mr. Swigart.
“Swigart extends ENLIGN Business Brokers capabilities to larger transactions and brings unique experience and talent to the team.” Added Jeff Snell, CBI, ABI.
Relevant Links: www.enlign.com/contacts.html
About ENLIGN Business Brokers: ENLIGN Business Brokers, which has its headquarters in Raleigh, N.C., provides seller and buyer services, professional negotiation, and valuation and marketing services to small- and medium-business sellers and buyers in the Southeast and nationally through the ENLIGN Business Brokers Affiliate program and ENLIGN Professional Partners Program (EPPP). ENLIGN provides business owners wishing to sell their businesses with discrete, objective counsel and valuation advice, and an innovative, comprehensive approach to marketing businesses for sale. Complete confidentiality is offered throughout the process. ENLIGN, which is a member of the International Business Brokers Association (IBBA), M&A Source and the American Business Brokers Association (ABBA), requires that its agents and affiliates have owned a successful business of their own, hold an advanced degree and be members of IBBA working towards or having completed the Certified Business Intermediary (CBI) accreditation. For more information about buying or selling a business or becoming an ENLIGN affiliate broker, contact Jeff Snell at jsnell@enlign.com or visit the Web site at www.enlign.com.
| Business Broker | 1 Comment »
9/26/201
On average, privately held companies are sold every seven years and it is generally accepted that 20% of all privately held firms are for sale at any given time. Thus, it is important for business owners and their advisors to be aware of the issues that affect private business sales.
At this time, we feel that over the next several quarters there are several macroeconomic factors that will have a material impact on business owners who are considering the sale of their businesses. We have outlined them here for you and your clients to determine what, if any, action should be taken to minimize their exposure while maximizing the net retained proceeds from a business sale if such course is taken.
While ENLIGN is committed to continuing education and voluntarily maintaining certifications from the International Business Brokers Association and American Business Brokers Association, care should be taken in selecting business brokers as there is no regulation or oversight of the industry in many states. Additionally, we strongly advise all clients and prospects to retain qualified transaction professionals for legal and accounting/tax matters.
Business Transaction Statistics:
Business Brokers reduce the average amount of time required to sell a business. Ideally, planning and preparation for the sale of a business should commence at least one year in advance of the desired exit. Many times however this lead time is not available and the experience and relationships your business broker can bring is of additional value.
Attempting to sell a business without the assistance of a qualified transaction attorney, accountant, and business broker often results in improperly documented agreements, poor valuations, breached confidentiality and unnecessary tax burdens. Further, records show that businesses marketed by a qualified broker are three times more likely to result in an actual sale (the others close, are given away, enter bankruptcy, etc.). Selection of a qualified team should be the first item on the transaction-planning checklist.
Current Issues affecting Business Owners in 2011:
Increase of Capital Gains Tax: Barack Obama has stated he will support raising the Federal long-term capital gains rate to 28% from the current 15% rate. What this means for business sellers is that monies allocated to goodwill will be taxed at 28% rather than 15% – an effective increase of 46% being paid entirely from the seller’s proceeds. Those considering a sale in 1-2 years might elect to move up their timeline to retain more of the proceeds from closing by selling before such an increase can be enacted. Some financial analysts are predicting an increase to as much as 35%, although most believe 28% is most probable.
Aging of America: In 2011 the oldest of the baby boomers start turning 65. Of the approximate 83 million of them, many are business owners and many will be looking for exit strategies over the next 5-10 years. Reports indicate that beginning January 1st, 2011 every single day more than 10,000 Baby Boomers will reach the age of 65. That is going to keep happening every single day for the next 19 years! Supply and demand will surely apply to the market for businesses for sale. As supply increases, demand will likely remain consistent with prior periods. Business owners who list their businesses earlier in the cycle should receive higher multiples as a result of being on the favorable side of supply and demand curve.
100% Bonus Depreciation: On December 17, 2010 the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, also known as the 2010 Tax Relief Act, was signed. This Act amended Code Section 168(k)(5) to allow for 100-percent bonus depreciation in the first year of service for qualified property. There are certain requirements that must be met, but they are not onerous. This means that in an Asset Business Purchase the buyer, while this provision remains in place, can take up to 100% deduction of the purchase price allocated to qualified depreciable assets against taxable income in just one year. In theory, a business owner could make in profit up to 100% of the purchase price in first year profit and have a deduction equal to the entire purchase price. This is an incredible window of tax planning opportunity.
The sub-prime meltdown has affected everyone. Its impact on business sellers is being felt as banks tightened credit lending standards and fewer buyers are able to obtain financing. The mid-term forecast is that fewer qualified buyers will create additional pressure on business values. Recently however a pro business sentiment has been heard from the White House as the President appears to be embracing small businesses on the path to economic recovery. Billions have been allocated to small business lending through community banks. These funds are accessible for small business acquisitions.
There is a “New Normal”. Perception is reality as they say and the perception of buyers is that three years into the great recession they are tired of waiting for the economy to improve. The new normal is represented by lower interest rates, more realistic valuations by sellers and optimism regarding upcoming elections and the natural return to an economic growth cycle. Business buyers are reassured as reports of consumer confidence and public sector earnings reports are coming in positive and in many cases higher than expected.
We are seeing that businesses with sound financials and buyers with good credit and industry experience in the business being acquired are being financed with reasonable terms and conditions. Commercial business acquisition loans are receiving Loan Letters of Intent in as little as 2-3 days with full SBA underwriting approval in 3-4 weeks. It pays to have team members with significant lending relationships for your buyer.
Final Considerations:
Experienced advisors should be considered to manage the process of selling a business to insure confidentiality and allow the business owner to remain focused on operating the business.
Business Brokers are an effective resource to value, market, negotiate and advise business sellers. They do not take the place of attorneys or accountants; rather they work as an intermediary by and between the parties to assist in completion of a transaction.
The potential increase in Federal capital gains tax, the retiring of baby boomers, improving credit markets, strengthening consumer confidence, temporary preferential tax treatment of assets purchased in an asset sale and public sector earnings reports has improved business buyer confidence making now an ideal time to consider selling a privately held company.
Should you wish to discuss any of these issues in more detail please contact Jeff Snell, CBI, ABI of ENLIGN Business Brokers at 919-341-1100 or jsnell@enlign.com.
Additional white papers are available at the firm’s website, www.enlign.com to attorneys and their clients without charge.
ENLIGN Business Brokers works with transaction attorneys and accountants representing profitable privately-held, NC companies for sale with gross revenues in excess of $1,000,000.00. We deliver the highest market value in the shortest amount of time, with complete confidentiality.™
| Business Broker | 1 Comment »
ENLIGN Business Brokers is honored to have been invited and accepted the opportunity to speak at the UNC Kenan-Flagler Business School. On September 21st, Jeff Snell, CBI, ABI engaged two undergraduate 500 level business classes.
The principal topic was purchasing a business as an alternate path to entrepreneurship. Additional topics covered included; business brokerage as an industry, process of selling a business, the differences between small business and merger and acquisition transactions, business valuation, financing a business transaction, marketing a business for sale, factors that influence the value of a business, exit strategy planning and execution as well as a sample of some of ENLIGN Business Brokers current engagements and their unique characteristics.
Students were afforded a question and answer period which indicated that these groups of seniors were well prepared for business opportunities upon graduation.
Mr. Snell was invited to become a regular guest lecturer returning next semester to participate again.
The UNC Kenan-Flagler MBA program is widely recognized worldwide as one of the top business schools.
Mr. Snell is available for speaking engagements on topics related to business ownership, operations, value maximization and principally exit strategy execution through third party sale.
Related Links: www.enlign.com http://www.linkedin.com/in/jeffsnell
News Facts:
- ENLIGN Business Brokers Principal Broker has been invited to speak to two UNC Kenan-Flagler Business School classes.
- Jeff Snell, CBI, ABI guest lectured to students on September 21st 2011
- The core content centered around purchasing a business as another path to entrepreneurship.
-Additional discussion included business brokerage as an industry, process of selling a business, the differences between small business and merger and acquisition transactions, business valuation, financing a business transaction, marketing a business for sale, factors that influence the value of a business, exit strategy planning and execution as well as a sample of some of ENLIGN Business Brokers current engagements and their unique characteristics.
Quotes:
“Being invited to speak to some of the brightest up and coming business owners at one of the premier business schools in the world was an honor and a pleasure.” said Snell.
Keywords:
ENLIGN, Business Brokers, Jeff Snell, CBI, business, seller, exit planning, buyer, negotiation, valuation, marketing, UNC, University of North Carolina, North Carolina, NC, Raleigh, Chapel Hill, MBA, Kenan-Flagler, lecturer, speaker
About ENLIGN Business Brokers:
ENLIGN Business Brokers, headquartered in Raleigh, N.C. with a regional office in Nashville, T.N., provides seller and buyer services, professional negotiation, and valuation and marketing services to small- and medium-business sellers and buyers in the Southeast and nationally through the ENLIGN Business Brokers Affiliate program and ENLIGN Professional Partners Program (EPPP). ENLIGN provides business owners wishing to sell their businesses with discrete, objective counsel and valuation advice, and an innovative, comprehensive approach to marketing businesses for sale. Complete confidentiality is offered throughout the process. ENLIGN, which is a member of the International Business Brokers Association (IBBA), M&A Source and the American Business Brokers Association (ABBA), requires that its agents and affiliates have owned a successful business of their own, hold an advanced degree and be members of IBBA working towards or having completed the Certified Business Intermediary (CBI) accreditation. For more information about buying or selling a business or becoming an ENLIGN affiliate broker, contact Jeff Snell at jsnell@enlign.com or visit the Web site at www.enlign.com.
About UNC Kenan-Flagler Business School
The Kenan-Flagler Business School is located in the main campus of UNC located in Chapel Hill, NC. Additionally, the Kenan Institute has offices in several international locations including Thailand, Hong Kong, Rotterdam, São Paulo and Monterrey, Mexico. Its MBA program was founded in 1952. Recognized as one of the leading business schools worldwide and appearing in Businessweek Magazines Top 20 Business Schools every years since it’s creation in the 1980’s UNC Kenan-Flagler sets itself apart by focusing on three core principals; Values based Leadership, Hands-on experience and sustainable strategy.
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Sean B. Wheeler is a Senior Vice President of Business Banking for Comerica Bank.
Technology has opened up doors for a new class of high-tech criminal. Business owners and consumers are bombarded with articles and news reports warning against the dangers of identity theft, computer hacking, and other scams that were unheard of 25 years ago. While it’s important to keep your computer and financial records safe from unknown tech-scam professionals, the criminal your business could fall prey to could be much more familiar. Unfortunately, many of the most common types of fraud cases involve company employees.
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http://www.usatoday.com/money/workplace/story/2011/08/Employees-bid-goodbye-to-corporate-America/50059194/1
Buying a business is one of the few ways to insure you don’t get fired or laid off unexpectedly.
View our listings here: www.bit.ly/sellbiz
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North Carolina continues to be an area that is experiencing strong growth in the business sector. The exceptional fundamentals for small businesses coupled with the low cost of living, mild climate, wonderful sports and cultural activities, and proximity to both the mountains and beaches has propelled this state to the top of nearly every list ranking the best places to conduct business and obtain a high quality of life. The growing demand for acquiring small businesses in North Carolina has been a component to the phenomenal success that ENLIGN Business Brokers is experiencing. Following are some of the more notable accolades North Carolina has received over the last several years.
· Forbes.com ranked Raleigh as the #1 Best Place for Business and Careers in 2011.
· In 2011 Raleigh was ranked # 1 by Site Section magazine for the best business climate, the ninth time out of the last ten years. With low businesses costs (18 percent below the national average), and the second highest net migration rate in the U.S. over the past five years, it’s no wonder why Raleigh continues to receive this accolade.
· Builder Magazine has named the Raleigh-Cary area the healthiest of the 100 largest US housing markets in March of 2011. Housing market rankings were based on a variety of factors, including home price appreciation or depreciation, job growth, household and income growth, unemployment rates and building permit activity.
· The Raleigh-Cary metro has been named the no. 5 Strongest Job Market in the United States by Manpower in July 2010. As a part of the Research Triangle Park, Raleigh offers many opportunities for expansion in the information technology, biotechnology, and healthcare fields. The strong talent base and a large higher education system make Raleigh and Cary a haven for business and steady job growth.
· North Carolina ranked #2 Best State for Business by CEO Magazine in May 2011.
· North Carolina ranked #3 America’s Top State for Business by a CNBC survey in June 2011.
· The Research Triangle ranked #2 Region for Overall Population Increase by Forbes in 2011.
· North Carolina ranked #3 by Forbes in 2011 for highest job growth over the past two decades.
· Pollina Corporate Real Estate ranked North Carolina as the #5 Pro Business State.
· Milken Institute ranked the Raleigh-Cary area as the #7 Best Performing area in October 2010.
· The Council on State Taxation ranked North Carolina #1 for the Lowest State & Local Tax Burden on Business in 2010.
· Four North Carolina cities make RelocateAmerica.com’s list of Best Places to Live in April 2010.
· Raleigh, Charlotte, and Durham place on the Forbes list of Best Places for Business and Careers in April 2010.
· Four North Carolina cities on CNNMoney.com list of best places for small business start-ups in October 2009.
· Raleigh’s local university presence of North Carolina State University, Duke University, and University of North Carolina – Chapel Hill, help fuel local growth in the area. The city receives a strong boost from these three elite schools surrounding the area, which contributes to a smarter labor force (42 percent of Raleigh’s population have a college degree).
About the Author:
Michael Fekkes is a Senior Broker at ENLIGN Business Brokers in Nashville, TN. Michael is a Certified Business Intermediary CBI®, a member of the International Business Brokers Association IBBA®, as well as a former business owner. He can be reached at 910.691.2202 or mfekkes@enlign.com.
About the ENLIGN Business Brokers:
ENLIGN Business Brokers (www.enlign.com) is a Professional Services Firm serving the Southeast that is headquartered in Raleigh, NC with regional offices in Nashville, TN and Atlanta, GA. providing business intermediary services ranging from valuation and sale to growth through acquisition strategies.
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While there are strong signals that the small business merger & acquisition market is heating up in 2011, most entrepreneurs are still being challenged when it comes to obtaining capital to fund the acquisition. The financial market meltdown and slow economy over the last three years has caused most of the traditional lenders to restrict the availability of credit as a result of their stricter, higher collateralized lending policies. Despite these issues, there still remain a number of reliable funding options for small business transactions, the largest of which is SBA backed loans.
The United States ‘Small Business Administration’ is a government agency that provides loan guarantees geared to stimulating the expansion of business as well as funding for business transactions. It is important to recognize that the SBA is not an actual lender but is the guarantor for the loan to the bank or non-bank that participates in their program. Each SBA lender will have their own unique terms and conditions and lending criteria so it is advised that individuals seeking financing either work with a financing expert or be prepared to shop the loan request to multiple institutions.
There are several types of SBA lenders and the difference is typically based upon the volume of SBA loans that the lender produces each year. The main difference between a GP or General Program lender and a PLP or Preferred Lender Program is the time that it takes to process the loan and the authority given to the individual lender to approve the loan.
For business transactions the most common and flexible program offered by the SBA is its flagship 7(a) Loan program. These loans can be used for a variety of business purposes including business acquisitions and start-ups. 7(a) provides funding up to a maximum of $5 million and terms up to 10 years without real estate and 25 years for deals involving real property.
The eligibility requirements, fees, and guidelines for SBA loans change frequently so it is important to consult with a lending professional to obtain the latest information.
About the Author:
Michael Fekkes is a Senior Broker at ENLIGN Business Brokers in Nashville, TN. Michael is a Certified Business Intermediary CBI®, a member of the International Business Brokers Association IBBA®, as well as a former business owner. He can be reached at 910.691.2202 or mfekkes@enlign.com.
About the ENLIGN Business Brokers:
ENLIGN Business Brokers (www.enlign.com) is a Professional Services Firm serving the Southeast that is headquartered in Raleigh, NC with regional offices in Nashville, TN and Atlanta, GA. providing business intermediary services ranging from valuation and sale to growth through acquisition strategies.
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Jeff Snell, CBI, ABI and Principal Broker of ENLIGN Business Brokers, a firm representing profitable privately-held, Southeastern companies for sale with annual gross revenues in excess of one million dollars, has announced that the firm has signed six new businesses for sale in the Month of July.
This represents a 100% increase over June and is the strongest two month period since 2009.
The companies now listed for sale are in the following industries:
Additional information on these and other listings can be found at the companies website: http://listings.enlign.com/listings.aspx
News Summary:
Jeff Snell of ENLIGN Business Brokers (www.enlign.com) has announced that the firm has recently signed 6 new business for sale clients.
-> This represents a doubling of new listings over the prior month.
-> Specific information about these new and other listings is available online at http://listings.enlign.com/listings.aspx
Related Links: http://listings.enlign.com/listings.aspx
Quotes: “After the past two to three years it is refreshing to once again see strong interest from both buyers and sellers of businesses.” Stated Mr. Snell, CBI, ABI.
About ENLIGN Business Brokers: ENLIGN Business Brokers, which has its headquarters in Raleigh, N.C., provides seller and buyer services, professional negotiation, and valuation and marketing services to small- and medium-business sellers and buyers in the Southeast and nationally through the ENLIGN Business Brokers Affiliate program and ENLIGN Professional Partners Program (EPPP). ENLIGN provides business owners wishing to sell their businesses with discrete, objective counsel and valuation advice, and an innovative, comprehensive approach to marketing businesses for sale. Complete confidentiality is offered throughout the process. ENLIGN, which is a member of the International Business Brokers Association (IBBA), M&A Source and the American Business Brokers Association (ABBA), requires that its agents and affiliates have owned a successful business of their own, hold an advanced degree and be members of IBBA working towards or having completed the Certified Business Intermediary (CBI) accreditation. For more information about buying or selling a business or becoming an ENLIGN affiliate broker, contact Jeff Snell at jsnell@enlign.com or visit the Web site at www.enlign.com. 
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