Document background
The Bill of Sale of a Business is a crucial document used in German business transactions to effectuate the transfer of business ownership. It serves as the primary instrument for documenting the terms and conditions of the sale, whether structured as an asset deal or a share deal. This document is essential when transferring business ownership in Germany and must comply with specific requirements under German law, including the Civil Code (BGB), Commercial Code (HGB), and various regulatory frameworks. The agreement typically includes detailed provisions about the business assets, liabilities, employees, intellectual property, and operational aspects being transferred. It also addresses mandatory German legal requirements such as employee transfers under §613a BGB, tax implications, and where applicable, real estate transfer tax considerations. The document is particularly important as it provides legal certainty and clear documentation of the transaction terms, which is crucial for both immediate transfer purposes and future reference.
