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Agreement Of Purchase And Sale Business In Leased Premises Template for Malaysia

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Key Requirements PROMPT example:

Agreement Of Purchase And Sale Business In Leased Premises

"I need an Agreement Of Purchase And Sale Business In Leased Premises for my retail clothing store in Kuala Lumpur, with completion planned for March 2025, including inventory valuation provisions and landlord consent requirements for the shopping mall location."

Document background
The Agreement Of Purchase And Sale Business In Leased Premises is a vital document used in Malaysia when transferring ownership of a business that operates from rented premises. This agreement is particularly crucial as it combines elements of both business sale and property lease assignment, requiring compliance with Malaysian commercial law, property regulations, and business transfer requirements. It is commonly used when a business owner wishes to sell their entire business operation, including assets, goodwill, and the right to continue operating from the current leased location. The document addresses critical aspects such as purchase price, asset transfer, lease assignment, employee matters, and necessary third-party consents, particularly from the landlord. It's essential for protecting both parties' interests and ensuring a smooth transition of business ownership while maintaining the business location.
Suggested Sections

1. Parties: Identification of the seller and purchaser with full legal names and details

2. Background: Context of the transaction, description of the business, and current lease arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale and Purchase: Core terms of the business sale including purchase price and payment terms

5. Lease Assignment: Terms regarding the transfer or assignment of the existing lease

6. Assets and Inventory: Description of business assets and inventory included in the sale

7. Liabilities: Treatment of existing business liabilities and allocation between parties

8. Employees: Handling of existing employees and employment contracts

9. Representations and Warranties: Seller's and purchaser's representations about the business and premises

10. Conditions Precedent: Conditions that must be met before completion

11. Completion: Process and requirements for completing the transaction

12. Post-Completion Obligations: Obligations of both parties after completion

13. Confidentiality: Provisions regarding confidential information

14. Governing Law: Specification of Malaysian law as governing law

15. Dispute Resolution: Process for resolving disputes between parties

Optional Sections

1. Non-Compete Clause: Restrictions on seller's future business activities - include when seller might compete

2. Intellectual Property: Specific provisions for IP transfer - include when business has significant IP assets

3. Training and Handover: Terms for business operation training - include when complex operations require transition

4. Environmental Matters: Environmental compliance and liabilities - include for businesses with environmental impacts

5. Landlord Consent: Detailed provisions regarding obtaining landlord's consent - include when lease requires specific consent process

6. Earn-out Provisions: Structure for additional payments based on future performance - include when part of purchase price is performance-based

7. Third-Party Consents: Process for obtaining other third-party consents - include when key contracts require consent for transfer

Suggested Schedules

1. Schedule 1 - Asset List: Detailed inventory of all physical assets included in the sale

2. Schedule 2 - Lease Details: Copy of existing lease and related documents

3. Schedule 3 - Employee Information: List of employees, their roles, and employment terms

4. Schedule 4 - Contracts: List of business contracts being transferred

5. Schedule 5 - Licenses and Permits: Details of all business licenses and permits

6. Schedule 6 - Purchase Price Allocation: Breakdown of purchase price across different asset categories

7. Schedule 7 - Excluded Assets: List of assets explicitly excluded from the sale

8. Appendix A - Form of Lease Assignment: Template document for lease assignment

9. Appendix B - Handover Checklist: Detailed checklist for business handover process

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Retail

Food and Beverage

Professional Services

Healthcare

Manufacturing

Technology

Education

Entertainment

Hospitality

Beauty and Wellness

Automotive

Logistics

Consulting

Relevant Teams

Legal

Finance

Operations

Real Estate

Risk and Compliance

Mergers and Acquisitions

Commercial

Business Development

Property Management

Relevant Roles

Business Owner

CEO

Managing Director

Commercial Lawyer

Legal Counsel

Business Development Manager

Operations Manager

Finance Director

CFO

Property Manager

Real Estate Manager

Business Broker

Merger & Acquisition Specialist

Commercial Director

Risk Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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