If you plan to sell your business before the sales contract, you need to go through different phases that will help you maximize the final price. These measures can be decisive for the future of the company. If you need instructions from a reliable team during the process, please contact us. The content of a share purchase agreement depends on the complexity of the transaction. Nevertheless, there are a few basic elements that each SPA contains: in all documents used when buying a property, a sales contract (SPA) requires the greatest attention, especially from the buyer. On the buyer`s side, it is advisable to have legal counsel at your side at all times when executing this contract. Any slight error or misunderstanding determines the success or failure of the agreement between seller and buyer. The terms of the sales and sale agreement include, among other things, prohibitions on competition. These clauses are intended to prevent the seller from setting up a parallel business and taking customers from you. It aims to protect the goodwill of the company. The buyer is most often responsible, together with his legal advisors, for the preparation of the first version of the contract. However, there are exceptions, such as. B the process associated with the auction.
In this case, a project is sent to the participants to make the document containing its modifications and offers. On the one hand, the seller guarantees that the circumstances described by the company are correct and correct. Some of the events that the seller must confirm are: the company is one of the signatories and they have the power to sell the business; The transaction is not contrary to the law or other previous contracts; the entity holds, as does the number of shares, the authorization that all financial statements are correct, all tax payments are updated, that the entity has not undergone a substantial change in its performance since due diligence (distribution of dividends, salary increases or newly signed contracts that could harm the purchaser); Copies of the statutes are delivered to the buyer; and patents and corporate trademarks are available. In the simplest form of a sale in which a business for sale is 100% owned by a single person or parent company and purchased by a single buyer, there are only two parties to the agreement. However, additional parties may be involved if, for example. B, several shareholders of the company for sale are involved. In these cases, each shareholder must enter into the sale agreement to sell his shares. As a result, spas are generally more complex than a sales bill. The main objective of the agreement is to outline the conditions that all parties involved must meet in order to allow the sale to continue. In the event that a buyer decides to change his mind about buying a property, a sales contract may be terminated. As with most legal contracts, the termination of a G.S.O. will result in a legal sanction.
In Malaysia, the party that decides to withdraw from the agreement is required to pay the other party a penalty corresponding to 10% of the original purchase price. A sales contract (SPA) is the most widely used document in commercial transactions, demining operations of raw materials, shares, companies and real estate, these types of contracts are essential for commercial activity.