Business owners can get into trouble buying or selling a business if the Contract leaves out important aspects of the sale. Leaving important items out of a contract, including tangible and intangible assets and liabilities, can cause problems months after the sale completes. When you draft a contract for the sale of a business, make sure both parties know exactly what they are getting at the time of signing, as well as in the future.

Contract for Sale of Shares and Business (Australia)

About This Agreement

This agreement combines the sale of shares in a company with the transfer of its business. It sets out the terms for purchase, completion, obligations of vendor and purchaser, warranties, indemnities, and restrictions after settlement.

By using this template, both parties gain a clear framework for transferring ownership of shares and related business interests under Australian law.

Key Features

• Combines sale of shares and business assets in one deed

• Clear definitions and obligations for all parties

• Deposit, purchase price, and completion steps detailed

• Vendor’s obligations at completion, including share transfer, resignations, and handover of records

• Purchaser’s obligations, including payment and assumption of risks

• Vendor warranties and purchaser indemnities

• Restraint of trade clauses protecting goodwill

• Commission provisions for work in progress contracts

• Release of claims after completion

• Jurisdiction, governing law, and costs included

Why Choose This Download?

This template is professionally prepared for Australian business transactions involving both shares and business assets. It ensures clarity on responsibilities, protects each party with warranties and indemnities, and includes restraint clauses to secure the purchaser’s investment. Unlike generic templates, this contract is comprehensive, enforceable, and ready to use immediately.

Who Should Use It?

This contract is suitable for:

• Companies buying or selling both shares and business assets

• Business owners seeking to transfer ownership while protecting goodwill

• Lawyers and advisors drafting combined sale and share agreements

• Purchasers requiring a secure, enforceable contract under Australian law