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Date Posted: 05:04:52 02/11/03 Tue
Author: agreement
Subject: agreement8

1 As to this Form generally see Paragraph 252 [1069] ante. As to stamp duty see generally Paragraph 239 [1040] ante, and see also Form 25 notes 2, 9, 12, 15 [1225] ante.
2 As to the significance of this definition see clause 11 [1312], and see also Form 26 note 2 [1298] ante.
3 The disclosure letter serves to qualify the warranties in the fifth schedule [1322]. See also Form 26 note 3 [1298] ante.
4 Ie the Transfer of Undertakings (Protection of Employment) Regulations 1981/1794 as amended. See generally Paragraphs 240 [1042] et seq ante.
5 See Form 26 note 7 [1298] ante.
6 See Form 26 note 8 [1298] ante.
7 As to goodwill see generally Paragraph 217 [1003] ante. For a form of assignment of goodwill see Form 32 [1407] post.
8 See Form 25 note 14 [1225] ante.
9 See Form 26 note 11 [1298] ante.
10 The sale of a business as a going concern is often not treated as a taxable supply for VAT purposes and hence no VAT is payable on any of the assets. See Paragraph 249 [1063] ante.
11 The Value Added Tax Act 1994 s 49 (48 Halsbury’s Statutes (4th Edn) VALUE ADDED TAX) requires that the records relating to the business are transferred to the purchaser and preserved by it unless HM Customs and Excise on application by the Vendor otherwise direct.
12 See Paragraphs 240 [1042] et seq ante.
13 See Form 26 note 11 [1298] ante.
14 As to the enforceability of such restrictions see Paragraphs 228 [1024] et seq ante.
15 Deleted. It should be noted that the Restrictive Trade Practices Act 1976 was repealed by the Competition Act 1998 from 1 March 2000 and therefore any previous references to suspense clauses and that act are no longer relevant.
[1334-1350]
28

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