Task 2
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Deakin University *
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Law
Date
Feb 20, 2024
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docx
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2
Uploaded by sachita04
Commercial and Corporate Practice
Task 2, Activity 2
Settlement agenda template
Matter name:
HV Freight Pty Ltd purchase of Vite Bottlers from Topster Industries Limited
Matter number:
2023XX
Settlement time and date:
2pm on 26 June 2023
Settlement address:
PEXA
Documents that the Purchaser is to receive from Vendor:
Signed consent of the landlord and/or mortgagee.
Transfer of lease form
Document title for all assets, sock and equipment (including original license agreement between Topster Industries and Steelcappers).
Original copies of the release of PPS security interest over any assets, stock or equipment.
Document setting out the assets and price apportionment.
Depreciation schedule.
Transfer of business name document.
Transfer of IP document and certificates of IP registration.
Council notices affecting the business.
Orders from courts or tribunals.
Books and business records of the business.
Details of transferring employees: K Marlo, M Merry, J Hudson.
Document/s and cheque/s that the Purchaser is to hand
over to Vendor:
Cheques in the vendor’s cheque direction, relating to the balance of purchase price and adjustments plus stock.
Order to vendor’s lawyers for stakeholder to release deposit to vendor. Cheques to be drawn:
-
(1) Grant and Lawson: -
(2) Steelcappers Limited $15,600.00 $1,237,465.30 -
(3) Topster Industries Limited: $7,246,010.11
Other items to be handed over on settlement by either party:
Transfer of any domain name, website and social media accounts.
Transfer of information – keys and codes.
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© The College of Law Limited
Other actions to be undertaken by Purchaser to ensure successful transfer of business:
Advise client to renew registration of the business name when the current registration expires;
If the purchaser has assumed any of the rights and liabilities
of the vendor, write to the financing body to record the purchaser as transferee;
If there has been a change affecting a purchaser company (such as a change to the principal place of business), notify ASIC of those changes by lodging the appropriate forms, within specific time limits to avoid late fees;
Suggest to individual purchasers that they make new wills to
ensure continuity of the business.
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© The College of Law Limited
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