Henry Blunt: How best to protect against liability after the sale of a business

Onus is on advisers to structure deal effectively

clock • 4 min read

Selling a financial advice business may be considered the end of a journey, writes Henry Blunt, but one factor that can have a significant impact on post-sale plans is any liability relating to complaints arising from past advice.

Where that liability actually falls can be affected by the structure of a sale yet some common myths have sprung up around what the rules are and how they can impact financial advice firms. Examples include: * If I dissolve my limited company, the liability will dissolve with it - This is incorrect * I cannot be penalised for advice I gave pre-sale and post de-authorisation and cancellation by the FCA - This is incorrect * If someone buys the shares of my business, they will take on the liability - This is most unlikely If an advice firm is dissolved, the liability for advice does n...

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