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An asset purchase agreement is a legal contract to buy the assets of a business. It can also be used to purchase specific assets from a business, especially if they are significant in value.
The purpose of an asset purchase agreement It lets your business get exactly the assets it wants without purchasing anything it does not. It also helps a business limit the potential liabilities it could face. For example, asset purchase agreements are commonly used to purchase: Intellectual property.
What's the Difference? Generally speaking, an asset purchase is when an individual, either with an existing entity or by forming a new entity (LLC or Corporation), buys the assets of a business without buying the business itself. Asset Purchases entail buying everything that the business owns (the Assets).
How to Write a Business Purchase Agreement? Step 1 ? Parties and Business Information. A business purchase agreement should detail the names of the buyer and seller at the start of the contract. ... Step 2 ? Business Assets. ... Step 3 ? Business Liabilities. ... Step 4 ? Purchase Price. ... Step 5 ? Terms. ... Step 6 ? Signatures.
In an asset sale, the employment relationship is terminated and a new one is created. This means that the seller needs to do all the things that an employer would normally do when terminating an employee, including paying out final wages and vacation pay (where required by contract or state law).
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.