The regulatory framework around dentistry means that buying or selling a dental practice is quite different to buying and selling a business of any other type.
At Else Solicitors, we have a wealth of experience in acting for dentists who are looking to either sell their existing practice or acquire a new practice. There are several factors which, if addressed at the initial stages, can ensure a transaction proceeds swiftly and smoothly.
We have particular experience in overcoming complications where dentists have set up an expense sharing partnership, and one partner wants to retire before the other(s).
In the case of an NHS practice, the transfer of the GDS contract or PDS agreement are key and serving the appropriate notices at the appropriate time will help to ensure that NHS England does not have any grounds to object to the transfer.
How we can help
Our team will prepare sale and purchase agreements which are specifically tailored to you and your practice. A sale and purchase agreement for any other type of business would not contain all of the safeguards and provisions required when a dental practice is being bought/sold.
A contract will also need to deal with apportioning uncompleted treatments between the buyer and the seller, restricting the seller after completion in terms of setting up another practice, contacting patients and enticing staff away to preserve the goodwill of the practice, TUPE considerations, freehold/leasehold property matters and a series of warranties and indemnities (warranties being statements about the practice that the seller is confirming are true and the buyer is relying upon when buying the practice).
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Care Quality Commission (CQC)
Our team is experienced in coordinating matters in terms of registration with the Care Quality Commission (CQC) including a seller’s cancellation of registration and the registration of the buyer in order to ensure a smooth handover. Also, if the practice has an NHS contract it is now likely that the CQC registration will have to correlate with the NHS contract. This means that if the buyer and seller are entering into partnership in order to transfer the NHS contract, the partnership must also be registered with the CQC.
To speak with a member of the dental law team in relation to buying or selling a practice, please call 01283 526200, alternatively you can send us a message and we will get in touch at a time that suits you.
