Purchase & Sale of Business

At Cyngler Kaye Levy Lawyers our experienced Commercial Lawyers have been assisting our business clients for over 20 years to negotiate and document the transfer of their businesses.

Whether you are a Vendor or Purchaser, there are many things to consider when transferring a business and obtaining sound commercial advice at the outset is crucial to avoiding many of the most common pitfalls.

Below is a list of the top 15 aspects of a transfer for your consideration:-

• Contracts for Purchase or Sale of a Business
• Goodwill – assessment of Goodwill (working in conjunction with your Accountant)
• Stock – assessment of stock and how to value the stock
• Debtors – assessment of Debtors
• Premises – Contract for Sale of Property (if the purchase of the business also involves purchasing the factory, building, farm etc)
• Lease – Assignment of Lease negotiations for the premises with the Landlord’s representatives
• Equipment – Assignment of Lease of Equipment and negotiations with the suppliers
• Licences – Transfers of Licences eg. Council footpath licence for restaurants, Liquor Licence
• Franchise – Transfer of a Franchise including negotiations with both the Franchisee and the Head Franchisor
• Intellectual Property – Transfer of Trademarks and Patents, and transfer of business names and logos
• Supplier Agreements – Negotiating the continuation of agreements with suppliers
• Restraints of trade on the Vendor
• Legal Structures – Establishing or deconstructing legal entities such as Companies, Discretionary Trusts, Unit Trusts and Partnerships
• Employee contracts – Establishing liability for continuing employees’ entitlements (Annual leave, sick leave, leave loading, long service leave etc)
• Wills, Powers of Attorney & Insurance to protect business partners or family members in the event you are no long able to operate the business

Whether you have previous experience as a business owner or want to commence as a new business owner, there are many aspects to consider when buying or selling a business.

Click here to see a List of Common Mistakes to Avoid

Please do not hesitate to contact our experienced Accredited Specialist Lease Lawyers on +613 9523 8811 for advice with your purchase or sale, request a cost estimate or email an enquiry.