When intellectual property is transferred with the company, elements of industrial property law may apply, such as the Trademark Act 1999 or the Copyright Act 1957. On the basis of the above legislation and relevant case law, it can be concluded that a BTA, if it is a sale agreement, must be transferred to stamp duty covered in Article 5, point (c), Schedule I of the Stamp Act and the transport record by which the company`s assets, whether real estate or furniture, are transferred, is subject to stamp duty, as it applies to the type of asset transferred and the instrument used to register it. To understand the impact of stamp duty on the immediate transaction, it is therefore necessary to analyze the nature of the asset to be transferred and the instrument by which it is transferred. It should be noted that a business transfer contract cannot allow the parties to consider a transfer, but may encourage the parties to make a transfer request. In the case of Avinash Kumar Chauhan/Vijay Krishna Mishra, the Supreme Court made it clear that the sale agreement is not subject to the payment of stamp duty due on a sales file. It states that the business transfer contract is an agreement executed by and between the seller and the ceding company to carry out a break and enter in which each asset and the liability of one or more units are transferred, sold, leased or assigned to another. This type of agreement guarantees ownership of other companies. Commercial property can be transferred in a few ways. A direct sale is an immediate transfer of ownership. This gives the seller a clean exit and money for the company`s assets in advance. A phased sale is a more flexible option that funds the buyer`s payments. According to Business.gov, this is often advantageous for both parties, since the seller receives income from the gradual sale and the buyer does not have to make a direct purchase. In addition, a lease agreement allows the temporary transfer of ownership under agreed conditions.
In addition to this document, you may need an agreement defining how the business works. These include an agreement between the company`s shareholders, modern statutes reflecting the operation of your business, as well as communications and minutes of meetings.