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Business and Franchise

The Sale and Purchase of Business and Franchise publications seek to assist the practitioner to successfully navigate the complex process that is business conveyancing.


The commentaries set out the tax consequences of sale price apportionment and explain the tax treatment of stock, long service leave and other employee entitlements, the status of the premises and many other important issues.


The many precedents include the By Lawyers Uniform Contract for Sale of Business which covers all aspects of the transaction from pre-exchange vendor warranties and purchaser guarantees, by shareholders where applicable, to completion, the effective release of PPSR security interests, the transfer of business assets including copyright works, trade marks, supplier contracts and the ASIC requirements for the transfer of the business name. The contract also customises the competition restraints so they are enforceable, binds the key people and deals with confidential information and non-solicitation of staff and customers.


The comprehensive matter plan is an effective risk management tool, assisting practitioners to work though the matter ensuring the necessary steps of a typical matter are considered as required.


The Business Structures and the Comparative Table commentary usefully compares the various business structures. This is particularly useful when advising purchasers.


The Franchises commentary is a comprehensive manual on franchise agreements.



Recent updates can be viewed on Obiter - our News & Updates site.



Popular precedents in this publication include:



  • By Lawyers Uniform Contract for Sale of Business

  • Retainer instructions

  • Library of 24 special conditions

  • Library of 19 other contracts, licences and agreements

  • Settlement adjustment sheet

  • Client Enclosure - Summary of relevant considerations


 



MATTER PLAN