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What is Asset Recovery and How is it Achieved?
Asset Recovery is the conversion of business or personal holdings into cash. There are two major categories of assets, the tangible and the intangible. Tangible assets consist of inventory, real estate, and FF&E (furniture, fixtures, and equipment). Intangible assets include intellectual property, patents, trademarks, contact and customer lists, as well as leases and permits if they can be assigned or transferred. A Seller is wise to consult an attorney before proceeding with as asset recovery project. There must be a clear understanding and adherence to UCC and Bulk Sales Laws, and Creditors must be included in the process if any portions of the assets are held as collateral.
The following is a brief description of the three major
liquidation methods commonly employed in converting a Seller's assets into cash.
Liquidation by Private Treaty Sale.
The Seller
or the Seller's agent advertises and markets the assets in an effort to generate
sales to individuals and end users. This method may generate the greatest cash
recovery, but it can also be costly and time consuming. In many cases, unless
buyers are found quickly, the costs of advertising, storage, handling, and other
expenses, will seriously diminish any increased revenues generated by the
private sale. A Seller with intentions of converting assets to cash by private
sale must know the "current market value" of the assets. A
qualified appraisal is really the only way to know what the assets are worth.
Dealers are generally the easiest buyers to find, and some Sellers elect to
quick sale their assets to dealers. But remember, "buying low and selling
high" is how dealers make their money.
Classic
Liquidation Sale.
A properly
performed liquidation sale can result in a very nice cash recovery for the
Seller. Although liquidation sales may vary somewhat in design, they are
essentially all the same. The sale starts with the assets being offered at
moderate discounts, and the discounts increase with time. Liquidation sales
performed by an agent can range from a few days to a few weeks in
duration. Events conducted by the Seller, such as "going out of business" sales,
can last much longer. With respect to their duration, liquidation sales can be
costly to advertise. Labor, rent, utilities, and other costs will be substantial
and must be considered. Remember, an online liquidation does not negate the cost
of storage and handling. Also, liquidation sales come with the important
consideration of which party will be responsible for the disposition of assets
that may not sell. The grand finale of a well-performed liquidation sale may
need to be an absolute auction of the assets that remain. If the liquidation
process is allowed to result in the assets being completely cherry-picked, then
it will be difficult to attract the buyers required for an auction of what
remains. A successful recovery project is dependent on properly managing the
discount rates on the most desired assets, watching what is selling and what is
not, and knowing at what point to stop the liquidation sale and conduct an
absolute auction. In the event, a portion of the Seller's assets have little
chance of generating an acceptable cash recovery, then the Seller should
consider donating those assets and taking the write-off.
Liquidation
by the Auction Method.
In many
cases, an auction is simply the best way for a Seller to convert assets into
cash. The auction method of liquidation affords the Seller the simplest,
fastest, and most cost efficient way in terms of advertising, labor, rent,
utilities, and other expenses to convert assets into cash. The auction method
of liquidation is by far the most time and trial proven method known in the
business world. Tangible and intangible assets can be sold, and the Seller is
afforded the luxury of choosing the time and place to convert the assets into
cash. The assets are sold, the buyers are responsible for removals, and the
premises can be vacated immediately upon the conclusion of the removal process.
In other words, the auction is performed and the deal is done. The auction
method allows for a group of motivated buyers to gather in the same place at the
same time. This in-turn creates the competitive bidding spirit that drives all
auctions. A well-conducted auction can and should generate excellent cash
recovery for the Seller. In some cases, due to the competitive bidding spirit,
recovery can exceed the fair market value of the assets. It is true that certain
types of assets do not lend themselves well to the auction method of
liquidation. For those, choose the private treaty sale or classic liquidation
sale methods. If a Seller's assets are of a type and sufficient quantity to
lend them well to the auction method, the Seller would be wise to dispense with
other considerations and move to utilize this time and trial proven method of
liquidation.
What
is a Professional Asset Recovery Specialist?
Before choosing an auction or liquidation company, a Seller
should be reasonably sure the company has the ability to accurately determine
the value of the assets and then bring in the buyers needed to maximize the cash
recovery from the assets. What the Seller is searching for is a professional
asset recovery specialist. A good way to determine the ability of a company to
perform is to ask for references. Checking with a company's former clients is
always a good first step. If a company's former clients are satisfied with the
cash recovery they received from their assets, chances are the Seller can expect
the same.
If a Seller's assets consist mainly of a singular commodity, the
Seller may wish to commission a company specializing in that commodity. However,
be aware that with certain types of assets, and when dealing with a highly
specialized auction or liquidation company, you are also dealing with that
company's cultivated group of buyers. This can sometimes result in those buyers
having too much control over the selling price. Accordingly, the cash recovery
from the assets may be negatively affected.
Whether the Seller's
assets are of a singular or diverse nature, the Seller may wish to commission a
company that has performed successfully in liquidating a wide range of assets.
This type of company is the true professional asset recovery specialist. Such a
company's success is likely due in part to its network of professional
associates. The company's ability to draw upon its network resources will allow
it to learn about and accurately appraise any assets it has been commissioned to
liquidate. This company's success also stems from efficiency in determining who
the buyers are, and how many are needed to conduct a successful sale and
maximize the cash recovery from the Seller's assets. Once the company has
utilized its network resources to learn about and appraise the Seller's assets
and then identified the buyers, it is proficient in getting the buyers there on
sale day. This type of company will have an excellent record of pleasing the
Seller with the dollar recovery generated from the assets it has been
commissioned to liquidate.
ALLIANCE Auctioneering & Equipment • Columbia, SC • 888-468-8125 • Email: allianceae@aol.com
Copyright ©
1999 ALLIANCE Auctioneering & Equipment. All rights reserved. Revised:
May 26, 2010
Website designed by Renée A. Gibson.
Email at ragibson62@att.net