The Asset Transfer Agreement

The purpose of the capital transfer contract is to help make the transfer formal and legally binding. It protects the interests of the ceding and the ceding. Any other form of dispute resolution, such as mediation, can also be mentioned in the agreement. An asset transfer contract, also known as an asset acquisition contract, a capital transfer contract, is a contract that concludes the terms of the purchase and sale of assets of a company. In the case of an asset sale, the company`s assets are transferred to a new owner without the actual ownership of the business being transferred. Instead of acquiring all the shares of a company, and therefore both its assets and liabilities, a buyer very often prefers to take over only certain assets of a company. As a general rule, in the event of an asset acquisition, the company will sell the assets itself, while in the event of a share sale, the individual shareholders will be the sellers. PartnerVine: The agreement is called a “short model,” why is it so? What would a long-form model look like? An asset transfer contract is required when a company`s assets must be sold or transferred to another person. This is necessary for a company if it is willing to acquire the assets of another company and to define the terms and conditions.

The agreement also helps the buyer to have proof of the transfer and the fact that he is now the owner of these assets. The agreement must clearly state the names of the parties between whom the agreement is concluded. These include a seller (or transfer) and a buyer (or buyer). It is worth mentioning the date on which the agreement was reached, as well as the area in which the agreement is enforceable. Daniela: Employees themselves are often considered the largest capital of a company. In the event of a staff change, the respective contracts are transferred. In this regard, it is necessary in particular to examine and determine whether the transfer of business is carried out within the meaning of Swiss obligation law. In this case, other obligations must be met. PartnerVine: PwC recently published an intragroup asset transfer agreement with PartnerVine.

PwC already sells a debt transfer and share transfer contract for intragroup transactions. When will you need any of these transfer contracts? The agreement must clearly specify which assets will be transferred. Assets transferred under a capital agreement may include investments and machinery, inventory, contracts, premises, know-how and goodwill. In the event of an asset purchase, the buyer may choose only certain assets and leave redundant assets. Therefore, the selected facilities must be broken down according to a schedule of the agreement. Daniela: We wrote the agreement under Swiss law, so we cannot speak with the laws of other jurisdictions for this document.