Ordinary mortals are unlikely to ever have to sell ship factories in their lives, however, if you are a law student or just a curious citizen, then you will probably be interested to know how factories or industrial complexes are sold.
Instructions
Step 1
In accordance with the Civil Code of the Russian Federation, with the sale of an enterprise, the seller transfers it into the ownership of the buyer as a single property complex, which is a real estate object. The composition of this complex is determined by agreement of the parties.
Step 2
Before the sale, hold a meeting of the plant's shareholders and draw up an act of consent of the legitimate majority to alienate the property.
Step 3
Conduct inventory and audit. Familiarize shareholders and future owners with their results. At the final stage, the contract is registered with the institution of justice, after which the enterprise is transferred to the buyer in accordance with the transfer deed. The transfer of ownership is also registered with the institution of justice.
Step 4
Notify all creditors by official letters about the upcoming sale of the enterprise, get from their letter that they do not mind.
Step 5
Prepare a final document - a sales contract, which is considered concluded after registration. Unlike a conventional contract for the sale of real estate, it, firstly, involves the assignment of rights in favor of the buyer, and, secondly, the transfer of debts to the buyer with the consent of the creditors.
Step 6
Since the sale of an enterprise is a major transaction, it is subject to approval by the board of directors or the general meeting of shareholders, based on the results of which a protocol is drawn up. If this transaction is large for the buyer, then it must also be approved by the authorized body.
Step 7
Failure to comply with these requirements may result in the transaction being invalidated. An integral part of the contract for the sale of an enterprise is a package of documents, which includes an auditor's report, an inventory act, a balance sheet and a register of obligations.
Step 8
Creditors must be notified of the upcoming transaction in order to obtain their consent to transfer the debt. The contract is signed by both parties with the attachment of all the above documents.
Step 9
One of the most important points of the agreement is the issue of price. It is agreed by the parties in writing, which is necessarily prescribed in the contract. The price is determined taking into account the value of all types of property of the enterprise.
