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Business Deed Of Sale
"I need a Business Deed of Sale for the purchase of a medium-sized manufacturing business in Auckland, with specific provisions for intellectual property rights and employee transfer, scheduled for completion by March 2025."
1. Parties: Identification of the vendor and purchaser, including full legal names, registration numbers, and addresses
2. Background: Context of the sale, brief description of the business, and purpose of the deed
3. Definitions and Interpretation: Definitions of key terms used throughout the deed and rules for interpretation
4. Sale and Purchase: Core agreement to sell and purchase the business, including the basic terms
5. Purchase Price: Details of the purchase price, payment terms, and any adjustments
6. Conditions Precedent: Any conditions that must be satisfied before completion
7. Pre-Completion Obligations: Obligations of both parties between signing and completion
8. Completion: Requirements and process for completion of the sale
9. Assets: Description of assets included in the sale
10. Liabilities: Treatment of business liabilities, including assumed and excluded liabilities
11. Warranties: Vendor's warranties about the business, assets, and liabilities
12. Vendor Restrictions: Post-completion restrictions on the vendor, including non-compete provisions
13. Employees: Treatment of employees and employment obligations
14. GST: GST treatment of the transaction
15. Confidentiality: Obligations regarding confidential information
16. Notices: Process for giving notices under the deed
17. General Provisions: Standard legal provisions including governing law, dispute resolution, and amendments
18. Execution: Formal execution blocks for all parties
1. Intellectual Property: Specific provisions for transfer of intellectual property rights, used when the business has significant IP assets
2. Lease Assignment: Provisions regarding assignment of business premises lease, included when premises are leased
3. Vendor Assistance: Terms for post-completion assistance from the vendor, included when handover period is required
4. Third Party Consents: Requirements for obtaining third party consents, included when key contracts require consent for assignment
5. Stock: Detailed provisions for dealing with stock, included for businesses with significant inventory
6. Earn-out Provisions: Structure for additional payments based on future performance, included when part of purchase price is performance-based
7. International Trade: Provisions dealing with international aspects, included for businesses with international operations
1. Schedule 1: Assets: Detailed list of all assets included in the sale
2. Schedule 2: Excluded Assets: List of assets specifically excluded from the sale
3. Schedule 3: Contracts: List of business contracts to be assigned or novated
4. Schedule 4: Employees: Details of employees, including terms of employment and entitlements
5. Schedule 5: Intellectual Property: Details of all intellectual property owned by or licensed to the business
6. Schedule 6: Plant and Equipment: Detailed list of plant and equipment included in the sale
7. Schedule 7: Properties: Details of any real property or leases involved in the sale
8. Schedule 8: Warranties: Detailed warranties given by the vendor
9. Appendix A: Form of Transfer Documents: Templates for various transfer documents required at completion
10. Appendix B: Handover Checklist: Detailed checklist of tasks required for business handover
Authors
Retail
Manufacturing
Professional Services
Hospitality
Technology
Construction
Healthcare
Education
Agriculture
Transport and Logistics
Real Estate
Financial Services
Mining and Resources
Media and Entertainment
Wholesale Trade
Legal
Finance
Executive
Corporate Development
Mergers & Acquisitions
Compliance
Risk Management
Operations
Business Development
Commercial
Chief Executive Officer
Managing Director
Business Owner
Company Director
Chief Financial Officer
Legal Counsel
Corporate Lawyer
Business Development Manager
Commercial Manager
Operations Manager
Financial Controller
Company Secretary
Business Broker
Mergers & Acquisitions Manager
Risk Manager
Compliance Officer
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