chase of individual assets
In a share deal, the buyer acquires the company (“target company”) by purchasing the shares in the target company.
In an asset deal, the assets and economic goods belonging to the company, i.e. the assets and liabilities, are sold with the associated employment, contractual and legal relationships and transferred to the buyer by way of individual legal succession. The shareholder does not sell his company shares or assets, but the company sells its company-related assets https://www.homebuyingguys.com/texas-dallas/
Since the target company is acquired in a share deal by ultimately only changing the owner of the target company, but otherwise the target company remains unaffected in terms of its assets and liabilities, the share deal is generally simpler than an asset in terms of transfer Deal.
In contrast, in an asset deal, individual assets are sold by the company. The principle of certainty must be observed: All assets that are sold and all liabilities that are to be assumed must be recorded individually and with sufficient specificity and transferred to the buyer in accordance with the relevant regulations. Determinability is often a problem when transferring intangible assets, particularly industrial property rights, “goodwill” and “know-how”, as it can be difficult to identify and describe the intangible assets specifically enough to be able to transfer them. It should also be noted that for the transfer of contracts to the buyer, the consent of the respective contractual partner, is required, but which often cannot be obtained before the signing of a purchase contract for reasons of confidentiality. If the respective contractual partners do not agree, the contracts are not transferred to the buyer and remain with the company, which, however, may no longer be able to fulfill the resulting obligations due to a lack of employees. Excluded from this are the employment relationships to be assigned to the business operation to be acquired. They are transferred to the buyer by law, but employees have the right to object in the event of an asset deal. which, however, may no longer be able to meet the resulting obligations due to a lack of employees. Excluded from this are the employment relationships to be assigned to the business operation to be acquired.
In a share deal, the buyer acquires the company (“target company”) by purchasing the shares in the target company. In an asset deal, the assets and economic goods belonging to the company, i.e. the assets and liabilities, are sold with the associated employment, contractual and legal relationships and transferred to the buyer by way of…
