Acquisition Criteria
Not every asset fits. That's the point. Here's exactly what we look for — and what we don't.
The Six-Point Framework
Every asset submission goes through the same six-point review. No shortcuts. No exceptions.
1. Authority to Act
Someone must have the legal right to sell, assign, or transfer the asset. We verify this first — before we spend time on anything else.
- Is the owner identifiable and reachable?
- If the owner is an entity, is the entity active and in good standing?
- If the entity is dissolved, can it be reinstated or can authority be obtained through a court process?
- If the owner is deceased, has probate been opened? Is there a court-appointed representative?
- If the asset is in a trust, does the trustee have authority to sell?
- Does the signatory have documented authority — operating agreement, corporate resolution, trust instrument, court order, letters of administration?
The rule: Without documented authority, we stop. No exceptions.
2. Transferability
The asset must be capable of being legally transferred — by sale, assignment, or structured transaction.
- Is there a clear legal mechanism to transfer ownership?
- Are there transfer restrictions — right of first refusal, regulatory approval, lender consent?
- Does the asset require third-party consent to transfer (lease assignment, contract novation, license transfer)?
- Are there title defects, missing assignments, or gaps in the chain of title?
- For real property: is there a deed that can be recorded? Are there title issues that prevent insurability?
- For IP: can trademarks, domains, and copyrights be assigned? Are the assignments recordable?
The rule: If it can't be transferred cleanly, we can't buy it. Sometimes we can structure around a transfer obstacle — but we tell you upfront if that's the case.
3. Documentation
We need enough documentation to understand what we're looking at. We'll tell you what we need and why we need it.
- Proof of ownership — deed, bill of sale, stock certificate, membership interest certificate, assignment.
- Entity documents — articles of organization, operating agreement, bylaws, certificates of good standing.
- Financial records — tax returns, P&L statements, balance sheets, accounts receivable aging, vendor credits.
- Lien and encumbrance records — mortgages, deeds of trust, UCC filings, tax liens, judgment liens.
- Litigation and bankruptcy records — complaints, judgments, petitions, plans, discharge orders.
- Licenses, permits, and regulatory approvals where applicable.
The rule: We don't need every document on day one. But we do need enough to confirm authority, value, and transferability before we proceed.
4. Value
The asset must have enough net recoverable value — after liens, taxes, costs, and transaction expenses — to justify the work.
- What is the asset's estimated market value — as-is, not aspirational?
- What liens, encumbrances, taxes, or obligations are attached?
- What are the costs to stabilize, clear title, or prepare for sale?
- What is the transaction cost — legal, title, escrow, professional fees?
- What is the realistic timeline to resolution?
- Is the net recoverable value sufficient to justify the time, risk, and capital required?
The rule: An asset with $50,000 in gross value and $48,000 in liens plus $5,000 in transaction costs is not a $2,000 opportunity. It's a negative-value situation. We'll tell you that.
5. Risk
We evaluate legal, regulatory, environmental, counterparty, and market risk. Some risk is normal. Some risk is disqualifying.
- Environmental risk — is there known contamination, underground storage tanks, or regulatory obligations?
- Litigation risk — is the asset subject to pending or threatened litigation that could impair transfer or value?
- Counterparty risk — are the parties involved screened against OFAC and sanctions lists?
- Regulatory risk — does the asset require licenses, permits, or regulatory approvals that are not in place?
- Market risk — is there a buyer pool for this asset type in this geography at this price point?
- Title risk — are there title defects, boundary disputes, easement issues, or adverse possession claims?
The rule: We screen every transaction. Counterparties on sanctions lists are declined. Environmental contamination exceeding asset value is declined unless a qualified buyer path exists. Fraudulent conveyance is declined — always.
6. Exit Path
We must see a viable path to resolution — purchase, assignment, recovery, placement, referral, or liquidation.
- Can Acquire AOX buy the asset directly?
- Can the asset be assigned to a qualified buyer?
- Can funds be recovered through claims, refunds, or unclaimed property processes?
- Can the asset be placed with a Buyer Circle member?
- Can the asset be referred to a qualified professional — liquidator, auctioneer, industry specialist?
- If none of the above apply, is the honest answer 'decline'?
The rule: If we can't see a path, we say so. Silence is not an exit path. 'Maybe someday' is not an exit path. We either see a lane or we don't.
What We Decline — And Why
We decline more submissions than we accept. That's by design. A decline from Acquire AOX is not a judgment on the asset or the owner — it means the asset does not fit our model, our risk tolerance, or our buyer path. Here are the specific reasons we decline:
- No documented authority — no one can prove they have the right to sell, assign, or transfer.
- Net recoverable value is negative after liens, taxes, costs, and professional fees.
- Environmental contamination requiring remediation that exceeds asset value, and no qualified buyer path.
- Asset is evidence in an active criminal matter or subject to criminal forfeiture where transfer is prohibited.
- Counterparty appears on OFAC SDN or other sanctions list.
- Transfer would constitute fraudulent conveyance — an attempt to hinder, delay, or defraud creditors.
- Asset involves illegal activity, money laundering, or proceeds of crime.
- Title or ownership is so defective that no amount of legal work can cure it within a reasonable cost.
- Lender or lienholder refuses to negotiate release despite net recovery being sufficient to satisfy their position.
- No buyer pool exists for the asset type in the relevant geography, and no remote buyer path is viable.
- Regulatory approval is required for transfer and cannot be obtained within a reasonable timeline.
Important
A decline does not mean the asset is worthless. It means it doesn't fit Acquire AOX's model — the numbers don't work, the risk exceeds what we can underwrite, the authority isn't clear, or the exit path isn't viable. In many cases, we can suggest an alternative direction: a professional who handles that asset type, a legal process that might clear the obstacle, or a market condition that needs to change before the asset becomes viable. We try to leave you better informed than when you arrived — even when the answer is no.
Download the Acquisition Criteria
A one-page PDF summarizing the six-point framework above. Download it, share it with your client, send it to your attorney — whatever helps.
Download PDFPDF usually available within 2 business days of request. If you need it sooner, email desk@acquireaox.com.
Ready to See If Your Asset Fits?
Submit an asset for review. We'll run it through the six-point framework and tell you what we see — including if the answer is no.
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