The purchase of commercial agreements should be used by anyone wishing to buy or sell a business. The agreement can help give details in the sale, including aspects of the transaction that are for sale (i.e. assets or shares). The agent will help you, as well as the seller, to include the conditions you both want. Even if the broker works for the seller, they must also be honest and honest with the buyer. You cannot withhold information and you must inquire about known defects in the property. An asset repurchase agreement (APA) is an agreement between a buyer and a seller that concludes the terms and conditions for the purchase and sale of a company`s assets. [1] [2] It is important to note in an APA transaction that it is not necessary for the buyer to purchase all of the company`s assets. Indeed, it is customary for a buyer to exclude certain assets in an APA. The provisions of an APA may include payment of the purchase price, monthly payments, pawn and asset charges, closing condition, etc. [3] An APA is different from a share purchase agreement (SPA) in which business shares are also sold, ownership of assets and ownership of liabilities. [2] In an APA, the buyer must choose certain assets and avoid redundant assets. These facilities are broken down according to an APA schedule.

The buyer in a SPA buys shares in the company. In this case, there is no need to revalue the transfer of ownership of the company. The APA is the legal mechanism for merging or acquiring businesses. [1] In some cases, it may be necessary for the conclusion of the share purchase agreement to be subject to certain issues, such as .B of obtaining tax statements or administrative authorization, so that in such cases, a precedent would normally be included in the agreement. The sales contract may contain a date of ownership that may differ from the billing date, z.B. if the property is leased. If the property is leased, this should be stipulated in the purchase and purchase agreement. The share purchase agreement should make it very clear what is being sold, to whom and for how much, as well as all other bonds and debts. A conditional agreement means that the sales contract has one or more conditions that must be met on a specified date. It should be noted that the concept of “transfer” in the company`s statutes relates only to the transfer of legal property to the shares and not to the transfer of reasonable interest, unless the opposite is foreseen. This can have a significant impact on restrictions on the transfer of shares. All disputes, arbitration applications or judgments relating to the amounts involved, pending or pending or in threat.

All the litigation over the past five years and the amounts involved. details of all workplace accidents, significant violations in an agreement or agreement in which the company is a party, any formal insolvency proceedings, including bankruptcy, liquidation, bankruptcy, management or the system with the creditors concerned. In order to reduce its risk, it is customary for the purchaser of a private company to receive some form of insurance from the seller with respect to the assets and liabilities of the business. It is generally considered that the main purpose of guarantees in a common share purchase agreement is to attract the attention of sellers, which should worry the buyer. The safeguards review process is designed to identify all potential problems; the parties will then begin negotiating the impact they should have on the sale transaction prior to the sale. In this way, the possibility of litigation that arises once completed will be reduced. The purchase and sale agreement contains obligations and general terms and conditions that you must comply with. The second step is to transfer the shares.