Commentary

243 Issues to be considered on the incorporation of a business

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

243 Issues to be considered on the incorporation of a business

| Commentary

243 Issues to be considered on the incorporation of a business

As with a sale of a business to an unconnected person, there will be various issues which the parties must address on the incorporation of a business, such as:

  1. 243.1

        the need to obtain the necessary consents for the transfer of certain of the assets, including leasehold properties1, various intellectual property rights2 and the benefits of certain contracts, such as leasing or hire-purchase agreements3;

  2. 243.2

        various employment issues such as the Transfer of Undertakings (Protection of Employment) Regulations 20064; and

  3. 243.3

        the tax implications of the transfer for both

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