What is the difference between SPA and APA?

An asset purchase agreement (APA) is a definitive agreement that finalizes all terms and conditions related to the purchase and sale of a company's assets. It is different from a stock purchase agreement (SPA) where company shares, including title to the assets and liabilities, are being bought/sold.

What should be included in an asset purchase agreement?

Parts of an Asset Purchase AgreementRecitals. The opening paragraph of an asset purchase agreement includes the buyer and seller's name and address as well as the date of signing.Definitions.Purchase Price and Allocation.Closing Terms.Warranties.Covenants.Indemnification.Governance.More items...

What is an APA in an acquisition?

An asset purchase agreement (also known as a 'business purchase agreement' or 'APA') is an agreement setting out the terms and conditions relating to the sale and purchase of assets in a company.

US Legal Forms
Localized Forms
California
San Jose
Asset Purchase Agreement - Business Sale

San Jose California Asset Purchase Agreement - Business Sale

Name: San Jose California Asset Purchase Agreement - Business Sale
Brand: US Legal Forms
Rating: 4.57 (209 reviews)

Category:

Small Business - Business Sale

State:

Multi-State

City:

San Jose

Control #:

US-00418

Format:

Instant download

Upgrade to a Package! This form is part of a package. Get several related forms for the price of one! Go to Package

Description

This form is an Asset Purchase Agreement. The buyer agrees to purchase from the seller certain assets which are listed in the agreement. The form also provides a listing of certain assets which will be excluded from the sale. The form must be signed in the presence of a notary public.

Proxy and Stock Option Agreement

View this form

How to fill out San Jose California Asset Purchase Agreement - Business Sale?

How much time does it typically take you to draw up a legal document? Since every state has its laws and regulations for every life sphere, locating a San Jose Asset Purchase Agreement - Business Sale meeting all local requirements can be stressful, and ordering it from a professional attorney is often costly. Many web services offer the most popular state-specific documents for download, but using the US Legal Forms library is most beneficial.

US Legal Forms is the most comprehensive web collection of templates, grouped by states and areas of use. In addition to the San Jose Asset Purchase Agreement - Business Sale, here you can find any specific document to run your business or personal deeds, complying with your county requirements. Professionals verify all samples for their actuality, so you can be certain to prepare your paperwork correctly.

Using the service is pretty easy. If you already have an account on the platform and your subscription is valid, you only need to log in, select the required form, and download it. You can pick the file in your profile anytime in the future. Otherwise, if you are new to the website, there will be a few more actions to complete before you get your San Jose Asset Purchase Agreement - Business Sale:

Check the content of the page you’re on.
Read the description of the template or Preview it (if available).
Look for another document utilizing the related option in the header.
Click Buy Now once you’re certain in the selected file.
Decide on the subscription plan that suits you most.
Sign up for an account on the platform or log in to proceed to payment options.
Make a payment via PalPal or with your credit card.
Switch the file format if necessary.
Click Download to save the San Jose Asset Purchase Agreement - Business Sale.
Print the doc or use any preferred online editor to fill it out electronically.

No matter how many times you need to use the purchased template, you can find all the samples you’ve ever saved in your profile by opening the My Forms tab. Give it a try!

Form Rating

4.57

Satisfied(209)

Form popularity

FAQ

The difference between an asset sale and a share saleThe transaction is between the company and the buyer of the business assets. The seller retains ownership of the company structure. In a share sale, the buyer purchases shares in the company, rather than just the assets.

An asset purchase agreement (APA) is a definitive agreement that finalizes all terms and conditions related to the purchase and sale of a company's assets. It is different from a stock purchase agreement (SPA) where company shares, including title to the assets and liabilities, are being bought/sold.

In an asset sale, you retain the legal entity of the business and only sell the business' assets. For example, say you run a rental car company owned by Harry Smith Pty Ltd. You decide that you need to sell 50% of your fleet to upgrade your vehicles and want to sell those vehicles in one transaction to one buyer.

An asset purchase agreement, also known as an asset sale agreement, business purchase agreement, or APA, is a written legal instrument that formalizes the purchase of a business or significant business asset. It details the structure of the deal, price, limitations, and warranties.

A business asset purchase agreement (APA) is a standard merger & acquisition contract that contains the terms for transferring an asset between parties. The terms in an APA provide key logistics about the deal (e.g., purchase price, closing date, payment, etc.) along with the rights and obligations of the parties.

Parts of an Asset Purchase AgreementRecitals. The opening paragraph of an asset purchase agreement includes the buyer and seller's name and address as well as the date of signing.Definitions.Purchase Price and Allocation.Closing Terms.Warranties.Covenants.Indemnification.Governance.More items...

An asset purchase involves the purchase of the selling company's assets -- including facilities, vehicles, equipment, and stock or inventory. A stock purchase involves the purchase of the selling company's stock only.

Your company will also still exist after an asset sale, and administratively you will still need to take steps to dissolve the company and deal with any remaining liabilities and assets. Unlike a stock sale, 100% of the interests of a company can usually be transferred without the consent of all of the stockholders.

An asset purchase agreement (also known as a 'business purchase agreement' or 'APA') is an agreement setting out the terms and conditions relating to the sale and purchase of assets in a company.

Interesting Questions

More info

Asset Description. Of sale or purchase agreement with the amount of the purchase price.Transfer to Another Campus or Department. Contracts: The contract between the two parties usually benefits the franchisor more than the franchisee. Santa Clara County has entered into an agreement to acquire O'Connor Hospital in San Jose, Calif. Stock Sale Or Asset Sale? The COBRA rules are different for stock sales versus asset sales. (t)Other Purchased Assets. All other assets and rights of each Seller that relate to the Business and that do not constitute Excluded Assets.

The COBRA rules include these assets as “non-discretionary assets”. Purchases of Other Acquired Properties, Facilities, and Other Acquired Assets, The COBRA rules will be different from the terms of the sale of the Asset that include a statement in the contract that the asset will not be included in the Excluded Assets. The COBRA rules do cover assets of the franchisee when acquiring an asset from a franchisee, but usually only to the extent permitted by the contract. Excluded Assets. The COBRA rules apply to: The COBRA rules have two specific exceptions: The COBRA rules are different for cash transactions and other cash transactions (including receivables, accounts payable, bills of lading, and similar) where the terms of the agreement do not preclude the franchisee from using cash.

Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

San Jose California Asset Purchase Agreement - Business Sale

Description

Related forms

Viewed forms

How to fill out San Jose California Asset Purchase Agreement - Business Sale?

Show more info

Form Rating

Form popularity

FAQ

Is a business sale the same as an asset sale?

What is the difference between SPA and APA?

What is an example of an asset sale?

What does an asset purchase agreement do?

What is a business asset purchase agreement?

What should be included in an asset purchase agreement?

What is an asset purchase of a business?

What happens to a company after an asset sale?

What is an APA in an acquisition?

What is included in an asset purchase agreement?

Interesting Questions

What is a San Jose Asset Purchase Agreement?

Why is a San Jose Asset Purchase Agreement important?

What does the San Jose Asset Purchase Agreement typically include?

What are the key benefits of using a San Jose Asset Purchase Agreement?

Who prepares the San Jose Asset Purchase Agreement?

What is the difference between an asset purchase agreement and a stock purchase agreement?

More info

Trusted and secure by over 3 million people of the world’s leading companies