Restraint of Trade Deed – Sale of Business
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At a Glance
Restraint of Trade Deed – Sale of Business (with Commentary)
This Restraint of Trade Deed (Short Form) is designed for use with the sale of a business. It protects the purchaser’s goodwill, intellectual property, and client relationships by restricting the vendor from competing within a defined time and area.
This precedent also includes comprehensive commentary explaining the principles behind restraint of trade clauses, including reasonableness, cascading restraints, targeted restraints, and legislative considerations under the Restraints of Trade Act 1976 (NSW)
Commentary RESTRAINT OF TRADE
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What This Deed Covers
• Restrictions on competing businesses within defined timeframes and geographic areas
• Confidentiality, goodwill, and protection of business information
• Non-competition and non-solicitation clauses to protect client relationships
• Compensation and enforcement options for breach of restraint
• Cascading restraint examples for drafting flexibility
• Execution and witnessing provisions for formal deed execution
Why Use This Template?
• Protects goodwill, trade secrets, and client relationships post-sale
• Ensures restraints are reasonable, enforceable, and properly limited
• Includes in-depth commentary on cascading and targeted restraints for guidance
• Supports compliance with NSW legislation and relevant case law
• Easy to edit, customise, and implement
Suitable For
This precedent is ideal for buyers and sellers of small to medium businesses seeking a short-form deed with clear non-compete protections and supporting legal commentary explaining enforceability and drafting strategy.
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