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Business Purchase And Sale Agreement

Business Purchase And Sale Agreement Template for Austria

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Key Requirements PROMPT example:

Business Purchase And Sale Agreement

"I need a Business Purchase And Sale Agreement for the sale of my small retail business in Vienna to a local buyer, with completion planned for March 2025 and including standard warranties and representations."

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Document background
The Business Purchase And Sale Agreement is a crucial document used when transferring ownership of a business in Austria, whether through an asset or share sale. This agreement is essential for transactions ranging from small business transfers to complex corporate acquisitions, requiring compliance with Austrian legal framework including the UGB (Commercial Code), ABGB (Civil Code), and relevant corporate, employment, and tax laws. The document serves as the cornerstone of the transaction, detailing all aspects from purchase price and payment terms to warranties and post-completion obligations. It requires careful consideration of Austrian-specific legal requirements, including mandatory employee transfer provisions, data protection regulations, and potential merger control requirements. The agreement typically includes comprehensive schedules and exhibits detailing the business assets, contracts, employees, and other crucial elements being transferred.
Suggested Sections

1. Parties: Identification of the seller and purchaser with full legal names, registration numbers, and addresses

2. Background: Context of the transaction, brief description of the business, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale and Purchase: Core transaction terms including the subject of sale (assets/shares) and basic deal structure

5. Purchase Price: Purchase price, payment terms, adjustments, and payment mechanics

6. Conditions Precedent: Conditions that must be satisfied before completion of the transaction

7. Pre-Completion Obligations: Obligations of both parties between signing and completion, including business conduct requirements

8. Completion: Completion mechanics, timing, and deliverables

9. Seller's Warranties: Comprehensive warranties regarding the business, assets, and liabilities

10. Purchaser's Warranties: Basic warranties from the purchaser regarding capacity and authority

11. Liability and Indemnification: Scope of liability, limitations, and indemnification provisions

12. Confidentiality: Obligations regarding confidential information and announcements

13. Data Protection: GDPR compliance and data transfer provisions

14. Post-Completion Obligations: Ongoing obligations after completion, including transition arrangements

15. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions

16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Real Estate: Required when the business includes significant real estate assets, addressing property transfer requirements

2. Intellectual Property: Detailed provisions for IP transfer when the business has significant IP assets

3. Employee Matters: Specific provisions regarding employee transfers under AVRAG when employees are being transferred

4. Environmental Matters: Required when the business has significant environmental risks or compliance obligations

5. Competition Compliance: Required when the transaction requires merger control approval

6. Bank Financing: Required when the purchase is subject to bank financing arrangements

7. Tax Matters: Detailed tax provisions when complex tax structures or significant tax risks exist

8. Non-Compete Provisions: Restrictions on seller's future competitive activities, if agreed

9. Earn-out Provisions: Required when part of the purchase price is contingent on future performance

10. Transition Services: Required when the seller will provide post-completion services to the business

Suggested Schedules

1. Business Description: Detailed description of the business being sold, including all assets and operations

2. Properties: List and details of all real estate owned or leased by the business

3. Asset Register: Comprehensive list of all tangible assets included in the sale

4. Intellectual Property Register: List of all IP rights owned or licensed by the business

5. Employee List: Details of all employees, including key terms of employment

6. Material Contracts: List and copies of all material contracts affecting the business

7. Completion Deliverables: List of all documents and items to be delivered at completion

8. Warranties: Detailed warranties given by the seller

9. Disclosed Documents: List of documents disclosed against the warranties

10. Financial Statements: Recent financial statements and management accounts

11. Purchase Price Adjustment Mechanism: Detailed calculations and procedures for price adjustments

12. Encumbrances: List of all encumbrances affecting the business or assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions









































































Clauses


















































Relevant Industries

Manufacturing

Retail

Technology

Professional Services

Healthcare

Hospitality

Real Estate

Construction

Automotive

Energy

Agricultural

Transportation and Logistics

Financial Services

Media and Entertainment

Education

Telecommunications

Food and Beverage

Industrial Services

Consumer Goods

Wholesale Distribution

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Tax

Human Resources

Operations

Compliance

Risk Management

Strategy

Business Development

Commercial

Executive Leadership

Corporate Secretariat

Treasury

Integration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Business Owner

Corporate Lawyer

Legal Counsel

Finance Director

Business Development Manager

Mergers & Acquisitions Director

Due Diligence Manager

Integration Manager

Risk Manager

Compliance Officer

Tax Director

Human Resources Director

Operations Director

Company Secretary

Commercial Director

Strategy Director

Investment Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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