Operations Transfer Agreement Template for South Africa

1. Intellectual Property License: Required when transferor retains IP ownership but grants usage rights

2. Environmental Matters: Necessary for businesses with environmental impacts or compliance requirements

3. Competition Law Compliance: Required for larger transactions requiring competition authority approval

4. Property Transfers: Needed when real property transfers are part of the operation transfer

5. B-BBEE Provisions: Required when B-BBEE status is material to the transaction

6. Industry-Specific Compliance: Required for regulated industries (e.g., financial services, mining)

7. Tax Structure: Detailed tax arrangements when complex tax structures are involved

8. Employee Incentive Schemes: Required when transferring or establishing employee benefit programs

9. Shared Services: Needed when certain services will continue to be shared post-transfer

1. Schedule 1 - Transferred Assets: Detailed inventory of all assets included in the transfer

2. Schedule 2 - Transferred Employees: List of transferring employees and their employment terms

3. Schedule 3 - Transferred Contracts: List of contracts being transferred or assigned

4. Schedule 4 - Intellectual Property: Details of IP rights being transferred or licensed

5. Schedule 5 - Properties: Details of any real property involved in the transfer

6. Schedule 6 - Completion Requirements: Checklist of actions required for completion

7. Schedule 7 - Transitional Services: Details of post-completion support services

8. Schedule 8 - Excluded Assets and Liabilities: List of items specifically excluded from the transfer

9. Appendix A - Pro Forma Completion Accounts: Template for completion accounts and adjustments

10. Appendix B - Required Consents: List of third-party consents needed for the transfer