Sale and Purchase of BusinessENG

The easy to follow procedures in these legal guides eliminate common issues, delays and disputes which might arise during the sale or purchase of a business or franchise.

2 Matter Plans

Overview

The easy-to-follow procedures in these legal guides eliminate common issues, delays and disputes that might arise during the sale or purchase of a business or franchise.

The precedents include the By Lawyers contract for sale and purchase, which covers all aspects of the transaction from pre-exchange vendor warranties and purchaser guarantees, to completion, and the transfer of all business assets, including copyright works, trade marks, and supplier contracts.

The contract allows for customised competition restraints ensuring that they are enforceable, and deals with the management of confidential information, binds the key people, deals with e-commerce, and the non-solicitation of staff and customers.

The commentary has been prepared by experienced legal practitioners with significant knowledge in business and franchise conveyancing and compares business structures, sets out the tax implications, considers the status of the premises and any franchise sale or purchase agreement, explores the importance and detail of due diligence and disclosure, and discusses many other important issues affecting business sales.

Precedents provided with this publication include:

  • Confidentiality agreement;
  • Heads of agreement;
  • Agreement for sale and purchase of business;
  • Library of special conditions;
  • Deed of restraint – Restrictive covenant;
  • Licence of business name.

The comprehensive Retainer Instructions ensures nothing is missed and the client is properly advised.

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  • Comprehensive library of legal precedents and forms


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2 Matter Plans Included


  • Bylawyers
    ALERTS - Nil
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  • Bylawyers
    Full Commentary - Purchase of Business
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  • Bylawyers
    Overview
    “When considering the requirements for the purchase of a business, it is critical to understand the structure of the business that is being sold. This will inform both the way the purchase is to proceed and its tax consequences. In general a business will be conducted by a sole trader, a partnership ...”

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  • Bylawyers
    Summary of the process
    “The usual steps in acting for a client purchasing a business are:”

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  • Bylawyers
    Comments and suggestions for By Lawyers
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More than 50 legal professionals have contributed to By Lawyers' publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.

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