West Virginia Agreement for Sale of Business by Sole Proprietorship with Leased Premises

State:
Multi-State
Control #:
US-02022BG
Format:
Word
Instant download

Description

This form involves the sale of a small business where the real estate on which the Business is located is leased from a third party. This form assumes that the Seller has received the right to assign the lease from the lessor/owner.

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How to fill out Agreement For Sale Of Business By Sole Proprietorship With Leased Premises?

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FAQ

If you or the other party are sole proprietors, you can each simply sign your own names because a sole proprietorship, unlike a corporation or partnership, is not a separate legal entity. If the business is a married couple doing business as a sole proprietorship, both spouses should sign the agreement.

A sole proprietor is legally responsible for the business's contracts. In a sole proprietorship, the business is considered a separate legal entity. No federal or state government approval is required for creating a sole proprietorship.

Sole proprietors don't need operating agreements, but partnerships may choose to create one. Although they are not legally mandatory, Entrepreneur.com recommends partners create an agreement, because it will define the legal and personal operating rules.

As there is no separate entity under the law for a sole proprietorship business, contracts are normally signed by owner under his or her personal name. Even if the business uses a fictitious name, the owner will usually have his or her name written down in the checks issued by the clients.

Sole proprietors and partners pay themselves simply by withdrawing cash from the business. Those personal withdrawals are counted as profit and are taxed at the end of the year. Set aside a percentage of earnings in a separate bank account throughout the year so you have money to pay the tax bill when it's due.

Overview. A sole proprietorship cannot be sold as a single entity like a corporation. Instead, when a sole proprietor sells the business, the sale is treated as the sale of the separate and identifiable assets of the business. The sale of a disregarded entity is also treated as the sale of the entity's assets.

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West Virginia Agreement for Sale of Business by Sole Proprietorship with Leased Premises