Transfer Of Business Ownership Agreement Template for Australia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Transfer Of Business Ownership Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Transfer Of Business Ownership Agreement

"I need a Transfer of Business Ownership Agreement for selling my small retail furniture business in Melbourne, with specific provisions for transferring three retail location leases and protecting our unique furniture designs, planned for completion by March 2025."

Document background
The Transfer Of Business Ownership Agreement is a crucial legal document used in Australian business transactions when a business is being sold from one owner to another. This comprehensive agreement is essential for documenting the terms and conditions of the business sale, ensuring compliance with Australian federal and state laws, and protecting both parties' interests. It covers the transfer of business assets, goodwill, employees, contracts, and liabilities, while addressing tax implications, regulatory requirements, and post-sale obligations. The agreement is particularly important in Australia's regulatory environment, where business transfers must comply with specific legislation including the Corporations Act 2001, Fair Work Act 2009, and various tax laws. It serves as both a record of the transaction and a roadmap for the transfer process, ensuring all legal and practical aspects of the business sale are properly addressed.
Suggested Sections

1. Parties: Identification of the seller and purchaser, including full legal names, ACN/ABN, and registered addresses

2. Background: Context of the transaction, description of the business, and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Sale and Purchase: Core agreement to sell and purchase the business, including specification of what is included in the sale

5. Purchase Price and Payment: Details of the purchase price, payment method, timing, and any adjustments

6. Conditions Precedent: Any conditions that must be satisfied before completion can occur

7. Pre-Completion Obligations: Obligations of both parties between signing and completion, including business operation requirements

8. Completion: Details of the completion process, timing, location, and deliverables

9. Seller's Warranties: Warranties given by the seller regarding the business, assets, and liabilities

10. Purchaser's Warranties: Warranties given by the purchaser, including capacity to complete the purchase

11. Restraint of Trade: Restrictions on the seller's future business activities to protect the purchased business

12. Confidentiality: Obligations regarding confidential information and announcements about the transaction

13. GST: Treatment of GST in the transaction and related obligations

14. Default and Termination: Consequences of default and circumstances allowing termination

15. Dispute Resolution: Process for resolving disputes between the parties

16. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

Optional Sections

1. Employee Matters: Required when employees are being transferred - covers treatment of employee entitlements, transfer arrangements, and related obligations

2. Intellectual Property: Required when significant IP assets are involved - covers transfer of IP rights and related licenses

3. Lease Assignment: Required when business premises are leased - covers assignment of lease and landlord consent requirements

4. Stock: Required when trading stock is a significant component - covers stock taking and valuation

5. Environmental Matters: Required for businesses with environmental compliance obligations or risks

6. Outstanding Litigation: Required when there are ongoing legal proceedings - addresses responsibility and conduct

7. Transition Services: Required when the seller will provide post-completion assistance or training

8. Earn-out Provisions: Required when part of the purchase price is contingent on future performance

Suggested Schedules

1. Schedule 1 - Business Assets: Detailed list of all assets included in the sale

2. Schedule 2 - Excluded Assets: List of assets specifically excluded from the sale

3. Schedule 3 - Contracts: List of business contracts being transferred

4. Schedule 4 - Intellectual Property: Details of all IP rights, registrations, and licenses

5. Schedule 5 - Employees: List of employees and their key employment terms

6. Schedule 6 - Premises: Details of business premises and lease arrangements

7. Schedule 7 - Warranties: Detailed warranties given by the seller

8. Schedule 8 - Completion Checklist: List of all items to be delivered or actions to be taken at completion

9. Appendix A - Form of Transfer Documents: Pro forma transfer documents for various assets

10. Appendix B - Handover Checklist: Detailed list of operational items to be handed over

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Manufacturing

Professional Services

Hospitality

Healthcare

Technology

Construction

Agriculture

Transport and Logistics

Education and Training

Real Estate

Financial Services

Mining and Resources

Media and Entertainment

Relevant Teams

Legal

Finance

Executive Leadership

Operations

Human Resources

Compliance

Risk Management

Tax

Mergers & Acquisitions

Corporate Development

Business Development

Administration

Relevant Roles

Chief Executive Officer

Business Owner

Managing Director

Chief Financial Officer

Chief Legal Officer

Commercial Director

Business Development Manager

Corporate Lawyer

Legal Counsel

Finance Manager

Operations Manager

Human Resources Director

Company Secretary

Risk Manager

Compliance Officer

Tax Manager

Mergers & Acquisitions Manager

Industries
Income Tax Assessment Act 1997: Governs the tax implications of business sales and transfers, including Capital Gains Tax (CGT) obligations and other tax considerations during business ownership transfer
Fair Work Act 2009: Regulates employment relationships and ensures proper transfer of employee entitlements and obligations during business ownership changes
Competition and Consumer Act 2010: Ensures the business transfer complies with competition laws and consumer protection requirements, including provisions against misleading conduct in business transactions
Corporations Act 2001: Governs business structures, registration requirements, and regulatory obligations during transfer of business ownership
A New Tax System (Goods and Services Tax) Act 1999: Addresses GST implications in business sales and transfers, including the treatment of business assets and going concern provisions
Personal Property Securities Act 2009: Governs security interests in personal property and ensures proper transfer of security interests during business ownership changes
Privacy Act 1988: Ensures proper handling and transfer of customer and employee personal information during business ownership changes
State Fair Trading Acts: State-specific legislation governing fair trading practices and business conduct during ownership transfers
State Business Names Registration Acts: State-specific requirements for business name transfers and registration during ownership changes
Transfer of Business State Revenue Acts: State-specific legislation governing stamp duty and other state-based taxes applicable to business transfers
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Assignment In Lease Agreement

An Australian law-governed agreement that transfers lease rights and obligations from an existing tenant to a new tenant, with landlord consent.

find out more

Assignment Of Membership Interest

An Australian legal document facilitating the transfer of business membership interests from one party to another, governed by federal and state legislation.

find out more

Confirmatory Patent Assignment

An Australian legal document confirming a previous patent rights transfer between parties, including detailed patent information and ownership warranties.

find out more

Money Transfer Contract

An Australian law-governed agreement for money transfer services, ensuring regulatory compliance and defining service terms.

find out more

Transfer Of Service Agreement

An Australian legal agreement governing the transfer of services between providers, ensuring compliant transition of operations, personnel, and obligations.

find out more

Transfer Copyright Ownership Contract

An Australian law-compliant agreement that transfers full copyright ownership from one party to another, including all associated rights and obligations.

find out more

Transfer Agency Agreement

An Australian-law governed agreement between a company and transfer agent for managing shareholder records and securities transfers, complying with local regulatory requirements.

find out more

Employee Transfer Agreement

An Australian law-compliant agreement facilitating the transfer of employment between employers while preserving employee rights and entitlements.

find out more

Car Ownership Transfer Agreement

An Australian legal agreement documenting the transfer of vehicle ownership between parties, ensuring compliance with federal and state vehicle transfer requirements.

find out more

Business Asset Transfer Agreement

An Australian law agreement governing the transfer of business assets between entities, detailing terms, conditions, and completion requirements.

find out more

Technology Transfer Contract

An Australian law-governed agreement for transferring technology, IP rights, and technical know-how between parties, including implementation and commercial terms.

find out more

Source Code Transfer Agreement

An Australian law-governed agreement for transferring ownership and rights of software source code between parties, including delivery and acceptance provisions.

find out more

Simple Business Sale Agreement

An Australian legal agreement for the straightforward sale and purchase of a business, outlining key terms and conditions of the transfer.

find out more

Real Estate Transfer Agreement

An Australian legal document facilitating property ownership transfer between parties, compliant with federal and state property laws.

find out more

Partial Assignment Of Lease

An Australian legal document that enables the transfer of part of a lease's rights and obligations from an existing tenant to a new tenant while maintaining some rights with the original tenant.

find out more

Note Transfer Agreement

An Australian law-governed agreement facilitating the transfer of notes or debt instruments between parties, ensuring regulatory compliance and protecting all parties' interests.

find out more

Interest Transfer Agreement

An Australian law-governed agreement facilitating the transfer of legal or beneficial interests between parties, compliant with federal and state regulations.

find out more

Business Sales Agreement Contract

An Australian law-governed agreement documenting the terms and conditions for the sale and purchase of a business, including assets, obligations, and warranties.

find out more

Asset Transfer Agreement Between Related Companies

Australian-law agreement for transferring assets between related companies within the same corporate group, ensuring regulatory compliance and proper documentation of intra-group transfers.

find out more

Facility Transfer Agreement

An Australian law agreement governing the transfer of facility rights and obligations between financial institutions, ensuring regulatory compliance and proper transfer mechanics.

find out more

Assignment Of Interest Agreement

An Australian law-compliant agreement for the formal transfer of rights, interests, or property from an Assignor to an Assignee.

find out more

Promissory Note Transfer Agreement

An Australian law-governed agreement that documents the transfer of a promissory note from one party to another, including terms, conditions, and completion requirements.

find out more

Software Ownership Transfer Agreement

An Australian law-governed agreement for transferring complete ownership rights of software from one party to another, including all associated intellectual property and assets.

find out more

Simple Real Estate Purchase Agreement Between Family Members

An Australian-compliant real estate purchase agreement specifically designed for property transfers between family members, incorporating standard sale elements with family-specific considerations.

find out more

Simple IP Assignment Agreement

An Australian-law governed agreement for transferring intellectual property rights from one party to another, ensuring legal compliance with Australian IP regulations.

find out more

Intra Company Agreement

An Australian-law governed agreement that formalizes arrangements and relationships between related entities within a corporate group.

find out more

Technology Sharing Agreement

An Australian law-governed agreement establishing terms for sharing proprietary technology between parties, including IP rights, implementation requirements, and security measures.

find out more

Operations Transfer Agreement

An Australian law-governed agreement facilitating the transfer of business operations, assets, and responsibilities between entities.

find out more

Intercompany Assignment Agreement

An Australian law agreement governing the temporary assignment of employees between related companies, establishing terms, conditions, and responsibilities of all parties.

find out more

Unit Transfer Agreement

An Australian law-governed agreement facilitating the transfer of units in a unit trust between parties, including terms, conditions, and regulatory compliance requirements.

find out more

Trademark Transfer Agreement

An Australian law-governed agreement for transferring trademark ownership, including all associated rights and obligations under the Trade Marks Act 1995.

find out more

Simple Transfer Of Ownership Agreement

An Australian law-compliant agreement facilitating the transfer of ownership of property or assets between parties, with clear terms and warranties.

find out more

Personal Property Transfer Agreement

An Australian law-governed agreement facilitating the formal transfer of personal property between parties, ensuring legal compliance and protection of interests.

find out more

Intra Group Transfer Agreement

An Australian-law governed agreement for transferring assets, employees, or operations between entities within the same corporate group.

find out more

Capital Transfer Agreement

An Australian-law governed agreement that documents and facilitates the transfer of capital between entities, ensuring regulatory compliance and defining transfer terms.

find out more

Assignment Of Lease From Seller To Buyer

An Australian legal document that transfers lease rights and obligations from an existing tenant to a new tenant, subject to landlord's consent and state property laws.

find out more

Transfer Payment Agreement

An Australian law-governed agreement establishing terms and conditions for structured payments between parties, including payment details, obligations, and compliance requirements.

find out more

Franchise Transfer Agreement

An Australian law-governed agreement facilitating the transfer of franchise rights and obligations between franchisees, ensuring compliance with the Franchising Code of Conduct.

find out more

Wire Transfer Agreement

An Australian-compliant agreement governing the terms and conditions for wire transfer services between a financial institution and its customers.

find out more

Partnership Transfer Agreement

An Australian law-governed agreement facilitating the transfer of partnership interests, including terms, conditions, and obligations of all involved parties.

find out more

Business Transfer Contract

An Australian law-governed agreement for the sale and purchase of a business, including assets, operations, and associated rights and obligations.

find out more

Software Transfer Agreement

An Australian law-governed agreement for transferring ownership and rights in software from one party to another, including IP rights, warranties, and implementation requirements.

find out more

Transfer Of Sale Agreement

An Australian legal document that formalizes the transfer of ownership of assets or property from seller to buyer, outlining all sale terms and conditions.

find out more

Bond Transfer Agreement

An Australian law-governed agreement facilitating the legal transfer of bonds between parties, including all necessary terms, conditions, and regulatory requirements.

find out more

Software License Transfer Agreement

An Australian law-governed agreement for transferring software license rights and obligations between parties, ensuring legal compliance and clear transfer of responsibilities.

find out more

Credit Transfer Agreement

An Australian-law governed agreement establishing terms and conditions for transferring credit rights and obligations between financial institutions or parties under Australian financial regulations.

find out more

Conveyance Agreement

An Australian legal agreement governing the transfer of real property from seller to buyer, compliant with federal and state property laws.

find out more

Asset Assignment Agreement

An Australian law-governed agreement facilitating the transfer of ownership rights in assets from an Assignor to an Assignee, including terms, conditions, and completion requirements.

find out more

Land Transfer Agreement

An Australian legal document that formalizes the transfer of real property ownership between parties, complying with federal and state property laws.

find out more

Intercompany License Agreement

An Australian law-governed agreement between related corporate entities for licensing intellectual property or technology, ensuring regulatory compliance and protecting both parties' interests.

find out more

Transfer Of Rights Contract

An Australian law-governed agreement that formally transfers specified rights from one party to another, including terms, conditions, and consideration for the transfer.

find out more

Stock Transfer Agreement

An Australian legal document that facilitates the transfer of shares between parties, ensuring compliance with the Corporations Act 2001 and related legislation.

find out more

License Transfer Agreement

An Australian law-governed agreement for transferring existing license rights and obligations from one party to another, ensuring legal compliance and risk management.

find out more

Patent Transfer Agreement

An Australian law-governed agreement for transferring ownership of patent rights from one party to another, including terms of transfer and registration requirements.

find out more

Profit And Loss Transfer Agreement

An Australian law-governed agreement establishing profit and loss transfer arrangements between a parent company and its subsidiary, including calculation methods and compliance requirements.

find out more

Patent Assignment Agreement

An Australian law-governed agreement that transfers full ownership and rights of patents from one party to another, complying with the Patents Act 1990 (Cth) and IP Australia requirements.

find out more

Money Transfer Agreement

An Australian-law governed agreement establishing terms and conditions for money transfer services, ensuring regulatory compliance and operational efficiency.

find out more

Liability Transfer Agreement

An Australian law-governed agreement that enables the formal transfer of liabilities between parties, including terms, conditions, and regulatory compliance requirements.

find out more

Assignment And Novation Agreement

An Australian law agreement that transfers contractual rights and obligations from one party to another, releasing the original party and binding the new party.

find out more

Technology Transfer Agreement

An Australian-law governed agreement facilitating the transfer of technology, technical knowledge, or IP rights between parties, including terms of transfer, implementation, and compliance requirements.

find out more

Equity Transfer Agreement

An Australian law agreement governing the transfer of equity ownership between parties, ensuring compliance with corporate regulations and documenting transaction terms.

find out more

Debt Transfer Agreement

An Australian law-governed agreement facilitating the transfer of debt obligations from one party to another, including associated rights and security interests.

find out more

Assignment And Transfer Agreement

An Australian law-governed agreement that formally transfers rights, property, or obligations from one party to another, including all relevant terms and conditions.

find out more

Asset Transfer Agreement

An Australian-law governed agreement facilitating the legal transfer of assets between parties, detailing terms, conditions, and obligations of the transfer.

find out more

Rights Transfer Agreement

An Australian law-compliant agreement for transferring ownership rights from one party to another, incorporating relevant federal IP legislation requirements.

find out more

Loan Transfer Agreement

An Australian law-governed agreement facilitating the transfer of loan rights and obligations between financial institutions, including associated security interests and regulatory compliance requirements.

find out more

Contract Transfer Agreement

An Australian law-governed agreement that facilitates the transfer of contractual rights and obligations from one party to another.

find out more

Trademark Assignment Agreement

An Australian law agreement for transferring trademark ownership from one party to another, including all associated rights and registration requirements.

find out more

Transfer Of Shares Agreement

An Australian legal document that formalizes the transfer of company shares from a seller to a buyer, complying with the Corporations Act 2001 and state legislation.

find out more

Intellectual Property Transfer Agreement

An Australian law-governed agreement facilitating the transfer of intellectual property rights between parties, including terms, conditions, and compliance requirements.

find out more

Title Transfer Agreement

An Australian legal document facilitating the transfer of property ownership between parties, compliant with Australian property law and registration requirements.

find out more

Sales Of Shares Agreement

An Australian law-governed agreement documenting the sale and purchase of company shares, including transaction terms, warranties, and completion mechanisms.

find out more

Transfer Of Ownership Agreement

An Australian law-governed agreement that formally documents and executes the transfer of ownership rights between parties, ensuring legal compliance and protection for all stakeholders.

find out more

Transfer Of Business Ownership Agreement

An Australian law-governed agreement that documents and facilitates the complete transfer of business ownership from seller to purchaser, including all associated assets, obligations, and responsibilities.

find out more

Intellectual Property Assignment Agreement

An Australian law-governed agreement that transfers ownership of intellectual property rights from one party to another, ensuring legal compliance and clear transfer terms.

find out more

Copyright Transfer Agreement

An Australian law-compliant agreement for transferring copyright ownership from one party to another, governed by the Copyright Act 1968 (Cth).

find out more

Assignment Of Lease

An Australian legal document that transfers lease rights and obligations from an existing tenant to a new tenant, with landlord approval.

find out more

Business Asset Sale Agreement

An Australian law-governed agreement for the sale and purchase of business assets, detailing terms, conditions, and regulatory compliance requirements.

find out more

Membership Interest Transfer Agreement

An Australian law-governed agreement for the transfer of membership interests between parties, including transfer terms, warranties, and completion requirements.

find out more

Debt Assignment Agreement

An Australian law-governed agreement for the transfer of debt obligations from one party to another, including all necessary terms and regulatory compliance requirements.

find out more

Commercial Lease Assignment

An Australian legal document that transfers a commercial lease from an existing tenant to a new tenant, with the landlord's consent and subject to Australian property law requirements.

find out more

Car Assignment Agreement

An Australian legal document that formalizes the transfer of vehicle ownership between parties, ensuring compliance with federal and state regulations.

find out more

Bill Of Sale Assignment And Assumption Agreement

An Australian law-governed agreement facilitating the transfer of property ownership and associated rights and obligations between parties, with comprehensive provisions for asset transfer and liability assumption.

find out more

Transfer And Assumption Agreement

An Australian law-governed agreement facilitating the transfer of assets, rights, and obligations between parties, including terms of transfer and assumption of liabilities.

find out more

Technology Assignment Agreement

An Australian legal agreement for transferring ownership of technological assets and associated intellectual property rights from one party to another.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.