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What is an asset sale?

In an asset sale, a firm sells some or all of its actual assets, either tangible or intangible. The seller retains legal ownership of the company that has sold the assets but has no further recourse to the sold assets.

Why do I need an asset purchase agreement?

Asset purchase agreements help you grow your business and get what you need to run it profitably. They help protect you from liability and outline the details of the transaction to protect both buyer and seller.

What happens to contracts in an asset sale?

In an asset sale the target's contracts are transferred to the buyer by means of assigning the contracts to the buyer. The default rule is generally that a party to a contract has the right to assign the agreement to a third party (although the assigning party remains liable to the counter-party under the agreement).

What is included in an asset purchase?

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.

What is included in an asset purchase agreement?

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.

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What happens to liabilities in an asset purchase?

Generally, in an asset purchase, the purchasing company is not liable for the seller's debts, obligations and liabilities. But there are exceptions, such as when the buyer agrees to assume the debts, obligation or liabilities in exchange for a lower sales price, for example.

What documents are needed for an asset sale?

Asset Sale Checklist List of Assumed Contracts. List of Liabilities Assumed. Promissory Note. Security Agreement. Escrow Agreement. Disclosure of Claims, Liens, and Security Interests. List of Trademarks, Trade Names, Assumed Names, and Internet Domain Names. Disclosure of Licenses and Permits.

What happens to existing contracts when a business is sold UK?

Transfer (assignment) of contracts. If shares in a company are being sold, then the contracts that the company has with third parties will not need to be changed. However, if assets are being sold, then contracts will need to be assigned or novated (different types of transfer) to the buyer.

What happens in an asset sale?

In an asset sale, a firm sells some or all of its actual assets, either tangible or intangible. The seller retains legal ownership of the company that has sold the assets but has no further recourse to the sold assets. The buyer assumes no liabilities in an asset sale.

How does an asset purchase of a business work?

In an asset purchase, the buyer will only buy certain assets of the seller's company. The seller will continue to own the assets that were not included in the purchase agreement with the buyer. The transfer of ownership of certain assets may need to be confirmed with filings, such as titles to transfer real estate.

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