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Agreement Of Sale And General Power Of Attorney
"I need an Agreement of Sale and General Power of Attorney for selling my manufacturing business in Melbourne to a local buyer, with my sister as attorney to handle the completion process while I'm overseas in March 2025."
1. Parties: Identifies and defines all parties to the agreement, including the Seller, Buyer, and the parties to the power of attorney (Principal and Attorney)
2. Background: Outlines the context and purpose of the agreement, including the intent to sell and grant power of attorney
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Sale Terms: Details the essential terms of the sale including the subject matter, purchase price, and payment terms
5. Grant of Power of Attorney: Explicitly grants the power of attorney, specifying the scope of authority given to the attorney
6. Powers and Authorities: Lists specific powers granted to the attorney in relation to the sale and other matters
7. Obligations of the Attorney: Sets out the attorney's duties, responsibilities, and standard of care
8. Completion and Settlement: Details the completion process, including timing, location, and requirements
9. Representations and Warranties: States the representations and warranties given by each party
10. Default and Termination: Specifies events of default and termination rights for both the sale and power of attorney
11. General Provisions: Contains standard legal provisions including notices, governing law, and dispute resolution
1. Property Transfer Provisions: Required when the sale involves real property, detailing specific requirements for property transfer
2. Intellectual Property Rights: Included when the sale involves transfer of intellectual property
3. Ongoing Obligations: Used when there are continuing obligations post-completion
4. Registration Requirements: Required when the power of attorney needs to be registered with relevant authorities
5. Foreign Investment Provisions: Included when the transaction involves foreign buyers or sellers
6. GST Provisions: Required when the transaction is subject to GST
7. Third Party Consents: Included when the sale requires consents from third parties
8. Security Interests: Required when there are existing security interests over the sale items
1. Schedule 1 - Sale Items: Detailed description of all items included in the sale
2. Schedule 2 - Purchase Price and Payment Terms: Breakdown of the purchase price and payment schedule
3. Schedule 3 - Powers Granted to Attorney: Comprehensive list of specific powers granted under the power of attorney
4. Schedule 4 - Completion Requirements: Checklist of all requirements for completion of the sale
5. Schedule 5 - Required Consents and Approvals: List of all required third-party consents and regulatory approvals
6. Appendix A - Form of Transfer Documents: Templates of required transfer documents
7. Appendix B - Existing Encumbrances: Details of any existing encumbrances on the sale items
8. Appendix C - Registration Requirements: Specific requirements for registering the power of attorney in relevant jurisdictions
Authors
Assets
Attorney
Business Day
Completion
Completion Date
Confidential Information
Consideration
Effective Date
Encumbrance
Event of Default
Execution Date
General Power of Attorney
GST
GST Act
Intellectual Property Rights
Law
Liabilities
Loss
Material Adverse Change
Notice
Parties
Payment Terms
PPSA
Principal
Purchase Price
Related Body Corporate
Representatives
Sale Assets
Sale Property
Security Interest
Seller's Warranties
Stamp Duty
Termination Date
Third Party Claim
Title Documents
Transaction
Transaction Documents
Transfer Documents
Warranties
Definitions
Grant of Authority
Scope of Powers
Purchase and Sale
Purchase Price
Payment Terms
Conditions Precedent
Completion
Attorney Obligations
Principal's Rights
Representations and Warranties
Sale Assets
Title and Risk
Security Interests
GST
Confidentiality
Intellectual Property
Assignment
Third Party Rights
Force Majeure
Termination
Default
Indemnification
Liability Limitations
Insurance
Notices
Costs and Stamp Duty
Amendment
Waiver
Severability
Entire Agreement
Governing Law
Dispute Resolution
Registration Requirements
Revocation
Further Assurance
Survival
Counterparts
Electronic Execution
Real Estate
Manufacturing
Retail
Professional Services
Agriculture
Mining
Construction
Technology
Financial Services
Healthcare
Transportation and Logistics
Education
Hospitality
Legal
Commercial
Finance
Compliance
Risk Management
Operations
Business Development
Property Management
Corporate Secretariat
Procurement
Executive Leadership
Sales
Legal Counsel
Corporate Lawyer
Commercial Director
Business Development Manager
Contract Manager
Property Manager
Chief Financial Officer
Company Secretary
Operations Manager
Compliance Officer
Risk Manager
Transaction Manager
Asset Manager
Business Owner
Managing Director
Chief Executive Officer
Sales Director
Procurement Manager
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