Adopt Autograph Asset Purchase Agreement Template For Free

What is included in your contract will differ based on your circumstances, but a starting agreement should include: Party information. ... Definitions. ... Purchased assets. ... Purchase price. ... Additional covenants. ... Warranties or disclaimers. ... Indemnification. ... Breach of contract provisions.

In making an asset sale, the seller remains as the legal owner of the entity. At the same time, the buyer purchases individual assets of the company, such as equipment, licenses, goodwill, customer lists, and inventory.

The buyer's solicitor drafts the asset purchase agreement, but the seller may instruct their solicitor to negotiate on certain points. It should only be signed once both parties are confident that the commercial, tax and legal elements have been properly addressed.

There are two core methods to buy or sell a business: an asset purchase or a share purchase. An asset purchase requires the sale of individual assets. A share purchase requires the purchase of 100 percent of the shares of a company, effectively transferring all of the company's assets and liabilities to the purchaser.

In an asset purchase, the buyer agrees to purchase specific assets and liabilities. This means that they only take on the risks of those specific assets. This could include equipment, fixtures, furniture, licenses, trade secrets, trade names, accounts payable and receivable, and more.

What Are Examples of Assets? Personal assets can include a home, land, financial securities, jewelry, artwork, gold and silver, or your checking account. Business assets can include such things as motor vehicles, buildings, machinery, equipment, cash, and accounts receivable.