assessment 1
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School
Victoria University *
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Course
PROPERTY
Subject
Law
Date
May 30, 2024
Type
docx
Pages
2
Uploaded by LieutenantResolveHippopotamus12
Vendor working table
Business names,
employees,
licences, leases,
restraints, security
interests,
notifications,
intellectual
property or other
transfers or
registrations
Action required
E.g. consents, documents or other action
Document or contract
clause
Business name
There needs to be consent by
the mortgagee – in this case it
Melbourne’s Bank
Will need to renew the
registration for the business or
create new business name on
ASIC site
Obtain the landlords consent to
transfer the lease
Vendor is required to deliver all
documentation that related to
title
ASIC
Settlement procedure
for contract of sale of
business paper
Leases
Ensure that the vendor has
given consent to transfer the
lease
Vendor must perform all the tenants
obligations under the business lease
until settlement
Clause 8.1
Clause 8.5
Licenses
Restraints
Vendors must agree and give
consent tat they wont compete
with the business after
settlement of sale for a period of
2 years and within 5km of the
premises.
Security interests
Vendor must inform the
purchaser of any person or
entities that may have any
security interest
Need to register under the
PPSR
Vendor can provide a security
agreement or a statement under
section 275 of the Personal
Property Security Act 2009
Clause 2.2
Personal Property
Securities Act 2009
s275
Social Media
Need to ensure that the transfer
of social media is within the contract
Need to check which social media platforms can be transferred.
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Ensue that have signed and transfer documents of any social media accounts you want
The domain name and phone numbers should be transferred Employees
Vendor must provide contracts of employment to employees to all the people that the purchasers wish to offer contracts to
Vendor must provide purchasers an opportunity to inspect the employment policies
and procedures.
Vendor must provide employment files
If purchaser is not transferring offer of contract to employee, vendor must provide written notice of termination of employment to employees under minimum notice of provisions contained in the Fair Work Act 2009 (Cth)
Vendor must seek a failing a request or request by purchaser
within 3 business days in regards to transferring any employees who are on long term absence
Vendor cannot alter employment wages or other conditions for employees after the day of sale
Vendor must encourage any or all employees who have been given an new offer of contract from the purchaser, to accept the offer
Clause 12.2
Clause 12.7
Clause 12.11
Clause12.12
Clause 12.13
Other transfers or registration
Ensure that any documents that
could affect the purchasers rights and obligations to the transfer of the lease are provided
General condition 8.1(f) under the contract
Other pre-settlement
steps
Need to note any special
conditions
Ensure Vendor disclosure
statements are provided
General condition 8.1(b) under the contract
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© The College of Law Limited
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