Merchant Portfolio Sales Attorneys for Payments Professionals
We handle portfolio sales with precision, from due diligence to closing.
You’ve built a business that is now worth real money. It might be in your interest to cash it out. Whether you’re on the buying or selling end of merchant portfolio sales, Global Legal can help you structure the deal.
From drafting a portfolio purchase agreement to handling essential due diligence, Global Legal handles the transaction from end to end, all with professionalism and a deep knowledge of the payments industry.
Sell Your Merchant Portfolio With Legal Protection
If you are an agent, ISO, processor, or other payments industry player who wants to sell your residual book, it’s critical to proceed with a proper legal structure. By working with lawyers who know the payments industry, you can rest assured that you have a legally enforceable agreement, allowing you to sit back and reap its full benefits.
Global Legal helps to draft and negotiate purchase agreements that recognize buyer and seller rights. A contract for a merchant services book sale must include tailored terms for revenue share, clawbacks, holdbacks, non-solicits, and other key issues. By getting it right the first time, you can avoid many potential disputes over the contract.
Buy a Residual Book With Confidence
A payments portfolio acquisition or sale is a complex transaction. Your attorney has to perform a number of fundamentals during a merchant processing portfolio sale, including due diligence, contract review, risk exposure, and value validation.
Your attorney starts by validating the value of the portfolio based on factors such as merchant stability and attrition. Lawyers verify the transferability of agreements to determine if they can form part of a merchant residual portfolio. Close inspection also reveals any liabilities due to MATCH, chargebacks, or boarding practices.
After this process of verifying what is actually in the merchant portfolio for sale, your attorney must take additional steps to verify that the portfolio purchase agreement passes compliance and regulatory review. That includes:
- Ensuring the buyer is not running afoul of money transmitter or lending laws
- Confirming there’s no exposure for Payment Card Industry Data Security Standard (PCI/DSS) or card brand violations
When the sale is complete, it’s also the role of the merchant portfolio sale attorney to handle consents, assignments, and notices. By working with a law firm with extensive payments industry knowledge and experience, you can expect these important details will be attended to.
What’s in a Portfolio Sale Agreement?
An agreement to buy an ISO agent portfolio for sale has to include certain critical terms. These set up the rules by which the contract is executed, and give rights and obligations to both the buyer and the seller. You can expect an attorney to include terms like:
- Purchase price formulas
- Residual transfer mechanics
- Non-solicit clauses
- Termination rights
- Holdbacks/clawbacks
These are essential terms that form part of your legal agreement, and it’s important to work with an attorney who understands the unique regulatory environment that applies to your specific contract.
Why Payments Industry Expertise Matters
Global Legal is one of the few U.S. law firms that live in the payments industry space. A general business attorney usually has only a limited understanding of ISO agreements, MATCH implications, or processor consents. By working with an attorney who understands this niche area, you can confidently proceed with your merchant portfolio sale.
