assessment 1

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School

Victoria University *

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PROPERTY

Subject

Law

Date

May 30, 2024

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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. 344ee7bf048d59a5746ddc5ee4b1f90d8f7a3df0.docx Page 1 of 2 © The College of Law Limited
 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 344ee7bf048d59a5746ddc5ee4b1f90d8f7a3df0.docx Page 2 of 2 © The College of Law Limited
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