Buying or Selling a Business

Sell the assets, goodwill and inventory of an Australian business with this template Agreement for Sale of a Business.

• The business is being sold as a going concern.
• The balance of the purchase price, after the down payment and earnest money deposit, will be secured by a promissory note which is included in the package.
• The seller makes certain representations and warranties regarding the business and its operations, including compliance with all applicable laws.
• The buyer covenants to treat all information as confidential, and to carry sufficient hazard and liability insurance until the promissory note is paid in full.
• The sale is conditional upon the buyer being provided with, and being satisfied with, information and records of the business.

You can pay a solicitor a lot of money to prepare your paperwork. Or you can save money by downloading the Australia Agreement for Sale of Business.

Prepare an Agreement for Sale of Business between a business broker and a client with this fully editable template.

• The broker will list the business for sale, identify potential buyers and act on behalf of the seller to complete a sale.
• The broker's commission rate will be calculated as a percentage of the sale price or a minimum fixed rate, whichever is more.
• The seller grants the broker a lien over the business assets until the commission is paid in full.
• The parties agree to arbitration in the event of a dispute.
• This template includes a confidentiality agreement which potential buyers must sign before reviewing confidential business information of the seller.
• Available in MS Word format, easy to use and customize.
• This is a generic form that can be used in many jurisdictions.

How viable is that business opportunity you are planning to pursue? Review all the important issues you should consider beforehand with this Business Viability Analysis Checklist.

The checklist includes such topics as:

• performing an industry analysis,
• evaluating your relevant business experience,
• intellectual property audits,
• laying out your marketing strategy.

This free Business Viability Analysis Checklist is provided in MS Word format and is fully editable.

Prepare an Offer to Purchase / Purchase Agreement for the assets of a California business with this professional contract template.

• The offer is for the assets, equipment, fixtures, leasehold interests, contract rights, records, franchises, etc. of the business, but NOT the receivables, bank accounts, or cash on hand.
• Once accepted by the seller, the offer becomes a purchase agreement.
• Part of the purchase price will be paid by way of the purchaser's assumption of business debt and partly by a non-negotiable note with right of offset.
• The transaction is conditional upon:
  • the purchaser having satisfactorily inspected the assets and records of the business, and
  • the seller being satisfied as to the qualifications and creditworthiness of the purchaser.
• Having a lawyer draw up the agreement could cost hundreds of dollars (or more). Save yourself time and money with this easy-to-use MS Word template.
• Intended to be used only in the State of California.

Draw up a Purchase and Sale Agreement for a business in California, including the land and premises, with this customizable template.

• The sale includes the land, building(s), improvements, chattels, equipment, vehicles, inventory and other assets of the business.
• The purchaser agrees to assume an existing business loan secured by the real property. The balance of the loan will be set off against the purchase price.
• The seller will provide a standard CLTA title insurance policy.

Buy and download the Purchase and Sale Agreement for California business properties, and you can easily tailor it to your specifications.

Use this free template to prepare a certified copy of a shareholders resolution authorizing the transfer of the corporation's assets to a buyer.

• All of the shareholders resolve to transfer all of the corporate assets to a purchaser pursuant to the terms and conditions of a purchase agreement.
• This is a free generic form which is not country-specific.
• Available in MS Word format.

Use this 6-page checklist to help you navigate the issues and get through the process of selling your business.

• Topics include:
  • assembling your team of advisors;
  • defining your needs;
  • preparing an opportunity plan and a marketing plan;
  • disclosure documentation;
  • following up with interested parties.
• If your business has a value in excess of $1 million, this checklist can help you through the selling process.
• Available in PDF format.
• Prepared by an Ontario corporate lawyer with years of experience and expertise in assisting owners in the sale of their businesses.

Business brokers, protect your leads by having potential buyers sign this standard-form Confidentiality & Disclosure Agreement.

• The buyer agrees that all dealings will go through the broker, who has entered into a separate agreement with the seller for payment of commissions.
• The buyer agrees to keep confidential all information provided with respect to any business that the buyer is interested in acquiring.
• The broker gives no warranties regarding the accuracy of any information provided with respect to a business.
• The buyer acknowledges that the broker is acting as the seller's agent.
• If the buyer discloses information to a third party who purchases the business without going through the broker, the buyer is responsible for payment of commissions that would have been payable on the sale price.
• This template is available as a downloadable MS Word template and is fully editable.
• This is a generic form that can be used in many jurisdictions.

If you are in discussions with a competitor about a possible joint venture or acquisition, get this Confidentiality Agreement signed prior to providing your business information.

• During the course of negotiations with respect to partnering or being bought out by the competition, you will undoubtedly need to provide confidential business data for your competitor's due diligence review.
• You need to protect that sensitive confidential and proprietary information. That's why it's essential to have the competitor sign this Agreement prior to releasing any such information.
• The template also includes a no solicitation clause, under which the competitor agrees not to solicit either your customers or your employees.
• The Confidentiality Agreement for Competitors is a generic legal document which does not contain references to any specific laws or regulations and can be used in most countries. 
• The contract template is provided in MS Word format and can be easily customized to fit your unique needs.

Before you purchase a business, make sure you consider all the issues with this free Due Diligence Checklist for Canadian companies.

• The checklist covers the items you need to review, such as:
  
  • corporate records;
  • financial information;
  • contractual arrangements;
  • assets and property;
  • employee relations and benefits;
  • tax matters.
• This is a free downloadable file prepared for use in Canada.