CCP Task 1.1

.pdf
School
The College of Law **We aren't endorsed by this school
Course
PLT MISC
Subject
Law
Date
Oct 4, 2023
Pages
32
Uploaded by ProfessorLightning12126 on coursehero.com
Contract for the sale of business — 2021 edition (a choice printed in BLOCK CAPITALS applies unless a different choice is marked) © 2021 The Law Society of New South Wales ACN 000 000 699 and The Real Estate Institute of New South Wales ACN 000 012 457 You can prepare your own version of pages 1 and 2 and Schedule A - employees of this contract. Except as permitted under the Copyright Act 1968 (Cth) or consented to by the copyright owners (including by way of guidelines issued from time to time), no other part of this contract may be repro- duced without the specific written permission of The Law Society of New South Wales and The Real Estate Institute of New South Wales. Vendor's agent (if more than one, the first named) Name WILLIAM TELL of DELOITTES REAL ESTATE AGENTS Phone Address 181 GEORGE ST, SYDNEY 2000 Fax Ref Vendor Name SONJA JOHNSTONE AND ELLIOT JOHNSTONE ACN/ARBN AXY94821VW ABN Address 24 BATTERY ST, CLOVELLY 2031 Vendor's SOLICITOR conveyancer Name SUSAN LAW of LAW AND COMPANY Phone (02) 1234 5678 Address and DX Fax Ref e-mail address [email protected] Purchaser Name JASMIN CHUA ENTERPRISES PTY LTD ACN/ARBN 869 124 574 ABN Address 321 MALABAR RD, MAROUBRA 2035 if more than one, as joint tenants x TENANTS IN COMMON (in equal shares unless otherwise stated) Purchaser's SOLICITOR conveyancer Name JUDE TAYLOR of ST LEONARDS LAW GROUP Phone Address and DX CHANDOS ST, ST LEONARDS Fax Ref e-mail address Depositholder Vendor's agent Invest deposit NO x yes (clause 3) Completion date 28 SEPTEMBER 2023 day after the contract date (clause 19) Business name BUSINESSNAME ALLNITE CONVENIENCE STORE Registered: no x YES: (clause 20) Premises GROUND FLOOR, 202 CLOVELLY RD, RANDWICK NSW 2031 Contact numbers 9876 5431 (clause 20) Type of business CONVENIENCE STORE Restraint time 1.5 Years (if not stated, no restraint time) (clause 17) Restraint distance 5 Kilometres (if not stated, no restraint distance) (clause 17) CCP T1 A1 Contract for the sale and purchase of business 2021 edition NSW 2022_10_19 Page of 1 32 © The College of Law Limited
NOTE: Subject to clause 13, the price INCLUDES goods and services tax (if any) payable by the vendor. Reproduced with the permission of the Law Society of NSW and the Real Estate Institute of NSW with whom copyright vests Training period Pre-completion: 7 days Post- completion:7 days (clause 26) Price $ 980,000 Deposit $ 98,000 (10% of the price, unless otherwise stated) Balance $ 882,000 Trading stock sum $ 174,000 (clause 4) Asset and price apportionment Goodwill: $ Equipment: $ 175,000 (or as set out in attached apportionment schedule) Interdependent contract NO yes (clause 19) If yes - Vendor: Purchaser: Contract date 16 SEPTEMBER 2023 (if not stated, the date this contract was made) SONJA JOHNSTONE AND ELLIOT JOHNSTONE JASMIN CHUA ENTERPRISES PTY LTD Vendor Purchaser Witness Witness CCP T1 A1 Contract for the sale and purchase of business 2021 edition NSW 2022_10_19 Page of 2 32 © The College of Law Limited
2 Business - 2021 edition DOCUMENTS (copy of document attached if marked) (some copies are required by legislation ) CHOICES X profit and loss statement of the business X current lease of premises X balance sheet of the business proposed lease of premises X schedule setting out asset and price apportionment memorandum setting out lease covenants X inventory of equipment document evidencing a variation of lease X depreciation schedule headlease affecting premises X list of stock-in-trade property certificate for the land list of work in progress plan of the land promise, statement or representation made by (or strata by-laws on behalf of) vendor and relied on by purchaser notice or order affecting the premises promise, statement or representation made by (or X lessor's disclosure statement ( Retail Leases Act 1994 ) on behalf of) purchaser and relied on by vendor x lessor's disclosure update ( Retail Leases Act 1994 ) licence affecting the business X lessee's disclosure statement ( Retail Leases Act 1994 ) notice or order affecting the business X assignor's disclosure statement ( Retail Leases Act 1994 ) list of continuing agreements (for example, X business name registration certificate equipment and service agreements) certificate of registration of trade mark equipment and service agreement certificate of registration of patent X franchise agreement certificate of registration of design X franchisor's disclosure statement ( Competition document evidencing rights to internet domain name and Consumer Act 2010) document evidencing rights to internet web site X assignor's disclosure statement (Competition X schedule A - employees and Consumer Act 2010) service or other agreement with employee X PPS Act Register search particulars of superannuation fund for employees of development approval business (name of fund, trustee, members) document evidencing restraint affecting business X list of key persons who will sign the restraint deed Business sold on a stock inclusive basis X NO yes if yes, price includes trading stock (clause 4) Stockintrade on consignment NO X yes (clause 10.1.5) Special completion address X NO yes address (clause 20) Sale subject to grant of new lease X NO yes (clauses 27 and 29) Landlord's mortgagee's consent required X NO yes (clause 27) Landlord's mortgagee's consent obtained X NO yes (clause 27) Purchaser must provide suitable guarantee NO X yes (clause 27.2.3) Franchisor's consent required NO X yes (clause 31) CCP T1 A1 Contract for the sale and purchase of business 2021 edition NSW 2022_10_19 Page of 3 32 © The College of Law Limited
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