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<blockquote data-quote="Bakers Junior Lawyer" data-source="post: 170596" data-attributes="member: 1844"><p>If it is an asset sale, the buyer company either:</p><ol> <li data-xf-list-type="ol">Purchases the whole of the business as a going concern (= the business can trade after completion of the purchase just as it did prior to completion of the purchase; the buyer carries on business in succession to the seller).</li> <li data-xf-list-type="ol">When a company has separate and distinct trading divisions, it purchases one or more of these divisions as a going concern.</li> </ol><p>Plus:</p><ul> <li data-xf-list-type="ul">The selling company continues to exist after the sale.</li> <li data-xf-list-type="ul">All individual assets concerned are transferred to the buyer together with the goodwill of the business.</li> <li data-xf-list-type="ul">If it is sold, the whole of the business = a ‘cash shell’ is left with the seller and may be wound up (by the way of distribution on a solvent winding-up) or declare a dividend to extract cash. </li> </ul></blockquote><p></p>
[QUOTE="Bakers Junior Lawyer, post: 170596, member: 1844"] If it is an asset sale, the buyer company either: [LIST=1] [*]Purchases the whole of the business as a going concern (= the business can trade after completion of the purchase just as it did prior to completion of the purchase; the buyer carries on business in succession to the seller). [*]When a company has separate and distinct trading divisions, it purchases one or more of these divisions as a going concern. [/LIST] Plus: [LIST] [*]The selling company continues to exist after the sale. [*]All individual assets concerned are transferred to the buyer together with the goodwill of the business. [*]If it is sold, the whole of the business = a ‘cash shell’ is left with the seller and may be wound up (by the way of distribution on a solvent winding-up) or declare a dividend to extract cash. [/LIST] [/QUOTE]
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