Recorded Webinar: Sale of Business Agreements: Documenting the Essentials

There are a myriad of considerations to be taken into account when preparing a sale of business agreement for your client. Although much will depend on the industry and the nature of the business, there are a number of key issues common to all business sales that every practitioner needs to understand and manage. This session provides a guide to drafting business sale documents and their key terms, including:

• Structuring the deal: an overview of sale of business, sale of assets or sale of shares agreements
• Legislation governing small business sale contracts
• The preliminaries: using non-disclosure agreements and letters of intent in the negotiation and pre-sale phase
• Documenting payment terms
• Asset identification and transfer requirements, including intellectual property
• Identification of third party licences, leases, permits and approvals required: landlord, mortgagee/security holder, government
• Risk management: drafting warranties, indemnities, limitation of liability and restraint of trade clauses to minimise your client’s obligations
• Identification and treatment of warranties and liabilities – the use of disclosure letters
• Employee liabilities and transfers arrangements
• What happens if the purchaser defaults? Effective management of claims and disputes