What Is A Sales And Purchase Agreement For Business? – Let’s Find Out
A sales and purchase agreement for business is a binding legal contract that consists of conditions both the buyer and seller of a business or property agree upon. In any sale process, it is one of the main legal documents. It basically sets out the elements that are agreed upon in a business deal. It also consists of the number of protections of both parties as well as the legal framework for the completion of the sale.
In this article, you will learn about the sales and purchase agreement (SPA) and some of its general details. Apart from that, you will also learn about how the sales and purchase agreement works for businesses. In addition to that, we will also discuss the major constituents of a sales and purchase agreement that all the parties in a sales process need to consider. Hence, to learn more about the SPA, read on through to the end of the article.
What Is A Sales And Purchase Agreement For Business?
According to Investopedia,
“A sales and purchase agreement (SPA) is a binding legal contract between two parties that obligates a transaction to occur between a buyer and seller. SPAs are typically used for real estate transactions, but they are found in other areas of business. The agreement finalizes the terms and conditions of the sale, and it is the culmination of negotiations between the buyer and the seller.”
In the case of the trading of a product or a service between two parties, there is a need for a legally binding contract that outlines the details of the agreement. This is called the sales and purchase agreement, and both parties (the buyer and the seller) need to sign the agreement contract.
Furthermore, neither of the parties will be able to disobey the contract at any cost. Otherwise, it might lead to legal action. However, it is not an obligation for either of the parties to stay on the deal in question if one of them disagrees with the deal. Once both parties sign the agreement, they will need to follow the terms of the translation.
Some of the essential things that are present in this agreement include – terms and conditions, purchase price, deposits made, limitations, closing date, contingencies, etc.
How Does A Sales And Purchase Agreement (SPA) Work?
According to Wall Street Mojo,
“The sales and purchase agreement of business signifies the culmination of negotiations between the buyer and seller and restricts them from ditching each other. The two parties mutually agree upon it before signing it and making it legally binding. It does, however, require both parties to read the contract carefully and seek legal counsel before deciding whether or not to sign it or request a revision.”
The sales and purchase agreement occurs mostly in real estate deals, stock purchases, mergers & acquisitions, advertising contracts, etc. On the other hand, the constituents of the SPA include its purchase price, settlement date, deposits paid during the negotiation process, limitations, contingencies, and many more.
Apart from that, in such an agreement, both parties in the sales process need to agree to the contract after thoroughly reading it. For this, a business needs to obtain legal advice after signing it and requesting a change.
The agreement, basically, provides protection to the interests of both parties. Apart from that, it also restricts them from working against each other or moving away after signing the deal. This factor helps in minimizing potential conflicts and helps to forecast demand and costs of business.
What Are The Constituents Of An SPA?
According to the Corporate Finance Institute,
“Essentially, the sale and purchase agreement spells out all the details of the transaction so that both parties share the same understanding. Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.”
1. Asset Identification
Here, you will get information about the specific asset that is subject to sale. In the case of a real property, the location and other details of the asset are jotted down.
2. Purchase Price and Conditions
It consists of the exchange price of the transaction in question. Apart from that, the agreement also contains details about how much is already paid and how much is left. It also contains information about the way that the deposit is to be made. It also outlines how the buyer will pay the remaining balance of the transaction.
3. Due Diligence
There is a section in the agreement that asks the buyer to acknowledge their due diligence in the transaction. It also contains the due diligence period, which might contain additional payments.
4. Covenants/Conditions Prior to Close
The agreement also contains the next steps of the transaction process. The conditions here must be in order to make the sales process legally binding. If the parties fail to follow or if there is any inaction, then it amounts to a breach of contract.
5. Damages/Remedies
In some cases, the parties need an explanation regarding what to do in case of damage prior to the sale or during the transit of a product. Hence, this section consists of various levels of damages that can occur to the asset. As per each damage, there is a remedy present.
Final Thoughts
Hope this article was helpful for you in getting to know about the sales and purchase agreement (SPA). A sales and purchase agreement for a business is a legally binding contract that consists of the conditions set by the buyer and seller, which both agree upon. SPAs are mostly common in real estate dealings, in which the item of transaction is large and includes a big amount.
The SPA basically consists of various important information about the sales deal that includes the prices of the asset, the sales price, as well as the payment terms of the sales. It also consists of information about the due diligence period and the agreed-upon conditions. Do you have any more info to add? Share your ideas with us in the comments section below.
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Business Continuity Plan – What Is It, And How Does It Work?
Your business can come across a disaster or a host of negative situations for the business, which negatively affect the work processes of the business. In such cases, business continuity planning is one of the most necessary things to have. A business continuity plan will enable you to stay prepared for any kind of negative situation for the business. This shall further ensure that the business is able to work the same. In this article, you will learn about a business continuity plan and what are its major features. In addition to that, you will also learn how a business continuity plan works for a business. Furthermore, we will also discuss the major benefits of having a business continuity plan for your business. Finally, we will guide you with a step-by-step procedure on how to create such a plan for your business and stay prepared. What Is A Business Continuity Plan? According to Hubspot.com, “A business continuity plan outlines directions and procedures that your company will follow when faced with a crisis. These plans include business procedures, names of assets and partners, human resource functions, and other helpful information that can help maintain your brand's relationships with relevant stakeholders.” The major goal of a business continuity plan is to deal with the situations that disrupt the business. These disruptions can be both minor and full-blown threats. The plan allows you to plan for contingencies ahead of time. Such plans, as well as preparations according to those plans, can allow your business to continue operations even at times of high risk. Having a plan will help you to deal with the risks and either prevent or mitigate them. Some of the major disruptions that can affect the business include a natural disaster, a man-made disaster, a network breakdown, a cyber attack, and various other factors. These situations are large enough to disrupt organizations of any size. In such situations, a business continuity plan benefits the business by providing it with a procedure, processes, and tools. These will help the business to operate properly and recover within a short span of time. Read More: What Is a Franchise, And How Does It Work? – Examples, Benefits & More How Does A Business Continuity Plan Work? According to VMWare.com, “Business continuity planning is critical because without it, an organization faces downtime and other problems that could damage its financial health. In major disasters, a lack of a business continuity plan could cause irreparable financial harm that might ultimately force a company to permanently close.” In a business continuity plan, the business defines all the risks that can affect the operations of the organization. Hence, the plan becomes an important part of the risk management processes of the business. Some of the major risks include disasters, network breakdowns, cyberattacks, and more. Since threats and disruptions include a loss of revenue and higher costs for the business, it can lead to a loss of business profits. Furthermore, it is also not a great thing for your business to rely on insurance alone. Also, since the business does not cover all the necessary costs, as well as the ones associated with customers, a business continuity plan is necessary to deal with such situations. What Are The Benefits Of Having A Business Continuity Plan? The disasters in a business can be of any size and degree and can even be catastrophic for the business. Hence, a business continuity plan is one of the most essential things you can have for your business. The plan will help you to identify all the major risks that can affect the work processes of your company. According to Investopedia, “BCP is typically meant to help a company continue operating in the event of threats and disruptions. This could result in a loss of revenue and higher costs, which leads to a drop in profitability. And businesses can't rely on insurance alone because it doesn't cover all the costs and the customers who move to the competition.” The following are some of the major benefits of a business continuity plan: It helps to continue operating even in times of disaster. However, it is different from a disaster recovery plan. Helps in improving risk management of the company. It can stop disruptions in the organization from spreading. Helps to mitigate downtime of business technology and networks. It helps to save a lot of money, time, and resources. Business Continuity Plan - Steps To Create Here are some of the major steps you will need to follow if you want to create a business continuity plan: 1. Business Impact Analysis According to Investopedia, “An important part of developing a BCP is a business continuity impact analysis. It identifies the effects of disruption of business functions and processes. It also uses the information to make decisions about recovery priorities and strategies.” Here, your business managers will need to identify the functions of the plan as well as related resources for the business, especially the ones that are sensitive to time. 2. Recovery In this portion of the plan, the planner will need to identify the steps and implement them. This will include the steps for recovery as well. 3. Continuity Team You will need to create a continuity team here. The job of the team will be to devise a plan to manage the disruption of the plan. 4. Continuity Training You will need to train and test the continuity team here. The members of the team will also need to complete various exercises for the application of the plan. Read More: Intrapreneurship – Definition, Importance, Duties, And Responsibilities Summing Up Hope this article was helpful for you in getting a better idea of what a business continuity plan is and how it can allow your organization to recover quickly from disasters or, in the best cases, prevent them. The plan is a great option to keep your personnel prepared, save your assets, and ensure the business starts functioning fast. However, you will need to test your business continuity plan from time to time to ensure that there are no gaps in it. To find out gaps, you can create dummy situations or drills with your employees. Do you have any more recommendations on how to create the best business continuity plan? Share your ideas with us in the comments section below. Read Also: Entrepreneur : Who Coined The Term ‘Entrepreneur’? Entrepreneurship – Definition, Meaning, Scope, And More Importance Of Entrepreneurship: Types, Features & Benefits
Sep 08, 2023
Importance Of Capital Goods – What Role Does It Play In The Industry?
Do you want to know whether the Capital Goods are the future or a threat to future investment? If yes, you have to understand the reality of Capital goods before drawing any conclusion over it. You must know some of the fundamental aspects of Capital goods before understanding their functions and importance in the Industry. Without knowing the basics, you cannot draw any conclusions about it. Without an adequate supply of Capital goods, Industry cannot grow on the right track. Therefore, you must possess the correct amount of capital goods to increase the chances of your business growth. What Are Capital Goods? The physical assets of a company that is used in the process of production by a company are known as Capital goods. The consumers will use all these products and services produced by the company using these goods. Different forms of capital goods are equipment, machinery, tools, and buildings. Most importantly, they are not finished products; instead, they are used to prepare them. Importance Of Capital Goods Capital plays a vital role in the modern productive system. Without the use of Capital, you cannot be able to run your business successfully. Therefore, every essential aspect of your business is dependent on the application of capital goods. Also Check: Canned Packaged Goods: Everything You Need To Know 1. It Is Essential For Production Without capital, the production of goods and services is hard to imagine. However, nature cannot provide you with all the furnished goods and services to human beings. Machinery for farming, mining, forestry, and ashing can make things easier and more effective for your production process. However, if a man has to work with his bare hand for agriculture, then productivity will be low. Even in the primitive age, the application of the tools was there for plowing the agricultural field. In the modern age, the application of sophisticated machines has made people's lives more accessible and has increased the rate of efficiency. 2. Enhances The Productivity With the enhancement of technology and specialization, the application of capital goods has become much more important than before. Therefore, within a limited time, more goods can be produced. It's like machinery has made the life of the people easier today. In addition, extensive use of capital has made the USA one of the strongest economies in the world due to the high productivity rate. Many developed countries of the world today are primarily dependent on Capital Goods. So you have to make your choices in the correct direction while improving your business. 3. Importance For Economic Development In the process of economic development, capital occupies a central role. This is because the core of economic growth is capital accumulation. A country’s economic development is solely responsible for the usage of capital goods. Roads, railways, airports, harbors, and other essential facilities we use today are part of the capital. Economies of the USA, Russia, And China are developed because they have a high amount of capital to build their economy. Without the application of Capital goods, no economy can flourish in the long run. 4. Creates Employment Opportunity One of the vital roles of Capital goods is creating employment opportunities in any country. Therefore, creating employment opportunities in a country increases when you use Capital goods. Therefore, employment generation is the actual cause for which its use is crucial. It creates the employment opportunity in two ways or, better to say, in two stages- Firstly it creates employment opportunities when workers are hired to produce the machinery, which will help construct dams, roads, and railways. Secondly, workers will be required to handle the machinery for producing the finished products using the capital goods. Many factories will crop up in completing the dam projects, and many people will get employment opportunities. Thus, the capital formation can increase the chances of employment generation in a nation. First, however, you have to understand the ways before using capital goods to develop your nation's economy. 5. Helps To Convert Raw Materials Into Finished Products No factories in the world can flourish only with adequate raw material. The sales of an organization will increase when with the help of machinery, a company's raw materials will be converted into finished goods. Only by selling the finished goods, the asset side of the balance sheet shows a better figure for the organization. Therefore, the profitability of an organization is heavily dependent on the use of Capital goods. You have to understand the co-relation between Capital goods and their usage in modern-day business. Then, proper planning with the help of adequate execution can make things simpler for your organization. Also Read: Boxed Packaged Goods: The right Guide To uplift Your Business Functions Of Capital Goods There are several functions of Capital goods that many of us are not aware of in the correct order. Some of them are as follows:- It ensures an adequate supply of raw materials for your business. The supply of appliances and heavy machinery can help you increase your production level. Capital goods provide the means of subsistence to the workers. You can enjoy the provision for transportation like Railways, motor trucks to make the supply of your products and services smoother. Employment creation and employment generation for the workers increase when you use capital goods. Thus, capital goods form a vital part of the economy that you cannot ignore at your end. You have to admit the importance of Capital goods in your life. Developed countries of the world have focussed on Capital formation first to develop their economy. Final Take Away Without applying capital goods, no economy can prosper in the long run. Therefore, developed economies of the world make extensive use of the capital to improve their economy to the next level. You can share your comments and opinions if you feel that my opinion is correct. For example, today, the demand for Capital goods has increased due to increased orders. If your company has a higher capital margin, then the chances of the growth of your organization increase. You have to understand the facts before deciding to invest in Capital goods. More Resources: Should You Buy GMER Stock? Everything You Should Know Should You Buy GS2C Stock? Everything You Should Know Is PHI Stock A Good Buy? Everything You Should Know
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Why Business Continuity Planning Is Essential For Your Company?
When crises happen in business, it is quite common to panic and make wrong decisions by remaining unprepared. Crises can happen anytime, and you must not start every day with the worst that can happen. However, you must stay prepared for anything to happen. You can do this with the help of a useful business continuity planning structure in place. This is because, if you do not stay prepared for the crises, it can cost your company a lot. In this article, you will learn some general details about business continuity planning. Apart from that, you will learn the importance of having such a planning structure in place. Furthermore, we will also discuss some of the major benefits of business continuity planning, which you must be aware of. Finally, we will share with you the steps you can follow to implement business continuity planning. What Is Business Continuity Planning? Business continuity planning is essential for a company as it helps in creating a prevention and recovery from the various risks and threats that can potentially affect the company. Having the plan will ensure that the personnel and assets of the company are protected. Protecting them will enable the company to start functioning by recovering quickly after a disaster situation. Business continuity planning is also essential to recover from situations like cyber-attacks where the company’s data gets compromised. Read More: What Is Risk Management? – Find Out How To Manage Risks in Business Why Is Business Continuity Planning Important? According to TechTarget.com, “The plan should enable the organization to keep running at least at a minimal level during a crisis. Business continuity helps the organization maintain resiliency in responding quickly to an interruption. Strong business continuity saves money, time and company reputation. An extended outage risks financial, personal and reputational loss.” With the help of the business continuity plan, you are making the company look after itself. You are analyzing the potential areas for risks and gathering important information from those areas. You have to have full information about those areas which are helpful for disaster situations. Furthermore, having a business continuity plan is also important to comply with legal processes. What Are The Benefits Of Business Continuity Planning? According to Investopedia, “Business continuity planning is typically meant to help a company continue operating in the event of major disasters such as fires. BCPs are different from a disaster recovery plan, which focuses on the recovery of a company's IT system after a crisis.” Basically, such a business continuity plan will help you to take stapes, including creating backups of projects, client information, and more. If something must happen to the company’s office, the satellite offices of the company will have access to all the essential information of the company. However, a business continuity plan does not work if a large population in the company is affected. It can happen at times of an outbreak of a disease. Despite that, having a business continuity plan in place will help you to improve the risk management processes of the company. Business Continuity Planning - Steps To Follow To make a great business continuity plan, it is important to have a management that oversees the plan. According to Hubspot.com, “This type of management determines the potential threats to a company and how each of these threats might impact business functions. Based on these findings, business continuity management is able to tweak the company's continuity plan to address any new potential hazards.” There are some steps you must follow to develop useful business continuity planning for your organization. Here are they: Step 1: Select your Business Continuity Team. Here, you must assemble a management team. Make sure the team is well-organized and detail-oriented. Make sure there is at least an executive manager, a program coordinator, and an information officer. Step 2: Define the objectives of the business continuity plan. To do that, you will need to know about what your end goal is. Furthermore, you must also have good information on the resources and budget based on your current projects. Step 3: Find the key players of your department and interview them. Make sure to talk with the executives as they have a bird’s eye view of the organization. Furthermore, make sure to interview the key team members of each department. This will help you to get an analysis that is useful and comprehensive. Step 4: Identify the essential functions of the business and the types of threats. By doing so, you will be able to find the major areas of your business that require the highest level of business continuity. Step 5: Assess the Risks in Every Area. Here, all you need to do is quantify the information that you have gathered from the interviews. Step 6: Conduct an Impact Analysis. Here, you will need to summarize your findings based on the costs and benefits to find out further what your priorities are. Step 7: Draft the business continuity plan. You must have already got ideas regarding what to include in the plan. Include all the requirements of the plan, followed by the procedure and end goals. Step 8: Test gaps in the plan. Once you have created your plan, you must immediately test it for any gaps. You can do it by communicating with those who are implementing the plan. Step 9: Revise your plan on the basis of findings. This will be on the basis of your findings in Step 8. Here, you will need to correct the flaws that you have found throughout the process. Read More: Business Risks – How To Identify, Manage, And Reduce Them? Bottom Line Business continuity planning is essential to hasten an organization’s recovery from a major risk leading to a threat or disaster. Basically, the company identifies all the risks that can affect the organization. The continuity plan puts in place various mechanisms and functions. With the help of these, the organization allows assets and personnel to minimize the company’s downtime. In case of a disaster in the company, it is important to implement business continuity planning to provide cover for the disaster. Do you have any recommendations regarding how to implement business continuity planning? Share your views and ideas with us in the comments section below. Read More: Entrepreneur : Who Coined The Term ‘Entrepreneur’? Intrapreneurship – Definition, Importance, Duties, And Responsibilities What Is a Franchise, And How Does It Work? – Examples, Benefits & More
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Best Business Credit Cards For Startups In 2023
Best business credit cards for startups can make your life easier for getting short-term loans instantly. Credit cards can help you to build a good business credit score. Your repayments on time can make your CIBIL score better in the long term. If you are a sole proprietor, then also you are eligible for a credit card. A social security number does not have a significant revenue history. If you are looking for the lowest interest rates, then Credit card history matters a lot. Cashback rewards and other perks offer a good credit card score. Your startup needs to succeed at times to make things happen in your favor. Best Business Credit Cards For Startups Available In 2023 Great business credit cards will offer you high limits for credits. Cash back rewards, balance offers, and travel facilities. Your credit card must suit your goals with complete ease. Try out the best options that can make things happen in your way. 1. Chase Ink Business Cash Credit Card For business owners who are looking for better finances, Chase Ink is one of the best options to avail. It is one of the quality business credit cards for startups. The welcome offer for them is $750. The recommended credit score ranges between 670 -800 to get the maximum benefits of this credit card. Features Of This Credit Card Are As Follows:- The best bonus-earning categories involve phone service, internet, cable, and office supplies. With Chase Ultimate rewards, it is highly compatible. You will receive 1% cash back on all other purchases. 2% cashback, you can redeem on the first $25 spent on restaurants and gas stations. Your contribution margin needs to be in good shape. It will offer you the best options to explore things with ease. 2. American Express Platinum Business Credit Card The American Express platinum business credit card is another best credit cards for startups. You will get the welcome offer of 120K points and an annual fee of $695. The recommended credit score ranges from good to excellent. You must be well aware of it. If your business requires frequent travel to distant places. Some of the core features of this credit card are as follows:- $100 statement for credit entry and global entry for $85 in case of TSA precheck. Extensive travel and shopping protection. You will get upto 5X membership reward points. Minimal non-travel bonuses. Compared to other cards high annual fee. 3. Chase Ink Business Unlimited Credit Card The Chase Ink Business Unlimited credit card is one of the best small business credit cards. You will receive a welcome offer of $750. The recommended credit score must range from good to excellent. You do not have to pay any annual fee and 1.5% cashback rewards you will receive from these credit cards. Some of the key features of the credit cards are as follows:- You will receive unlimited cashback earnings. On a new purchase, you will receive unlimited introductory 0% APR for 12 months. For getting a high sign-up bonus, you will receive a low spending rate. Only foreign transaction fees can apply. Limited protection on travel costs as well as purchases. No presence of bonus categories. Similar kinds of information are present in HubSpot too. You can go through it once for better understanding. 4. American Express Business Gold Card American Express business gold cards will offer you 70K points. You will get an annual fee of $295K points. The recommended credit score ranges from good to excellent. Each billing cycle ranges between $150K. You can earn one point per dollar for expenses. Some of the core features of this credit card are as follows:- You will receive flexible reward and redemption options. With the inclusion of the integration of books, it will deliver you expense management tools. There are no foreign transaction fees are essential. No credit statements. Offers high annual fee. It is not applicable for the lower spending business. Sometimes for ERTC qualifications, credit cards play a vital role in getting the loans on time. 5. Chase Ink Business Preferred Credit Card The Chase Ink business preferred credit card is also the best business credit cards for startups. It offers a welcome bonus of 100k points. The annual fee of $95 fees you will receive from these credit cards. The recommended credit score ranges from good to excellent. You will have the privilege to earn three points for every dollar spent. Some of the core features of the Chase Ink business credit card are as follows:- You will receive multiple bonus categories. Phone and travel protection is possible. There are no requirements for foreign transaction fees. It comprises annual fees. If you want to get a high sign-up bonus, then you have to pay High spend requirements for the sign-up bonus. 6. Blue Business Plus Credit Card From American Business The blue business plus credit card from American business credit cards will help your small business to grow at a rapid pace. You will receive the welcome offer of 15K points. Your requirement to pay the annual fee is $0. The recommended credit score ranges from good to excellent. Some of the core features of the Blue Business Plus credit card from American Business are as follows:- You will have multiple transfer partners. On all purchases, you will get flat-rate earnings. Delivers your generous welcome offer. You can apply for foreign transaction fees. $50K bonus earning cap. 7. US Bank Business Triple Cash Reward The welcome bonus offer you will receive is $500. The annual fee of $0 you have to pay for getting this business credit card for start-ups. The recommended credit score ranges from good to excellent. You will receive business rewards. For a long introductory APR period, you will have to go through it once. You will receive 3% cashback for all the categories. Some of the core features of this best business credit card are as follows:- $100 statement credit for recurring software subscriptions. Upto 5% cash back that is booked on the US bank travel portal. No travel rewards you will receive from this credit card. Low rate outside all the bonus categories. Best Small Business Credit Cards There are several small business credit cards that you can opt for in 2023. Some of the best small business credit cards are as follows:- Chase Ink Business Preferred Credit Card. American Express Platinum Card. Capital One Spark Cash for Business. American Express Blue Business Cash Card. Discover it, Business Card. Wells Fargo Business Platinum Credit Card. U.S. Bank Business Platinum Card. Your business's net operating income also matters a lot here. Try to consider this fact as well from your end. Final Take Away Hence, these are the best business credit cards for startups in 2023. You need to take care of the reality while you want to get short-term loans for your business. It is impossible to make your choices all of a sudden. You can share your views and comments in our comment box. It will assist us to know your take on this matter. Try to develop a better solution that can make things work perfectly well in your favor. Read More Busuiness Related News By Clicking Below!! ERTC Qualification Step-By-Step Guide Top 7 Best Business Ideas For Teens In 2023 What Is Safe Harbor 401K? Benefits And Types
Nov 07, 2023