Share Sale Agreements
Author: Eric Kalde
Kalde Legal
Share Sale Agreement Guide for Lawyers
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- Current, practical, and relevant resources
- Extensive collection of legal precedents & forms
Chapters
Chapter 1
Relevant Legistlation
Overview of the law relating to leases in NSW, how leases work, overview of practice and procedure, links to relevant legislation. Describes the structure of lease, how they are made up and their consitutent parts. Describes the involvement of PEXA and the system of registration. Which pieces of legislation lay down the rules for leasing in NSW.
Chapter 2
Leases under the Real Property Act 19
Explains the law as it relates to all commercial leases in NSW. How to tell the difference between a retail lease and other commercial leases. Leases for offices, warehouses, factories and farms. Retail shop leases are covered in the following chapter.
Chapter 3
Leases under the Retail Leases Act 19
Overview of the law relating to leases in NSW, how leases work, overview of practice and procedure, links to relevant legislation. Describes the structure of lease, how they are made up and their consitutent parts. Describes the involvement of PEXA and the system of registration. Which pieces of legislation lay down the rules for leasing in NSW.
Chapter 4
Acting for the Lessor
Explains what to do when you are acting for the Lessor. It explains the procedure of drafting and entering into a commercial lease from the Lessor’s perspective.
Chapter 5
Acting for the Lessee
Explains the procedure from a Lessee’s point of view. It explains the common pitfalls for lessees and gives direction on the important aspects on which to advise your client.
Chapter 6
Options
The option to renew a lease is critically important to both parties. The lessee wants to know that they have a solid right to occupy the premises for a further term. The lessor wants reasonable flexibility to increase the rent so that they are not disadvantaged by the lessee wanting to remain in occupation for another term. In some cases the lessor may grant the lessee an option to buy.
Chapter 7
Transfer/Assignment of Lease
Lessees frequently wish to transfer or ‘assign’ a lease. This commonly occurs when the lessee sells their business. Transfers of lease can become complex. They include not only the Lessor and Lessee but the Transferee, the Lessor’s mortgagee, and the Transferee’s Guarantor. covers the procedures for containing consent of mortgagees & other relevant parties.
Chapter 8
Misselanous
Covers everything from pre-lease agreements to lockouts. Also covered are Incentives to Lease. There are several ways to offer these incentives, some of which may harm the interest of the lessor. This chapter explains how to grant incentives whilst not diminishing the market value of the property & covering the interests of the lessor if the lessee subsequently default.
Chapter 9
Residential Lease
Residential Leasing (renting a house or apartment to live in) is governed in NSW by completely different legislation than that controlling commercial leases. The difference could not be more stark. The Laws governing Residential Leasing including rules that apply to:
- Holding fees;
Disclosure obligations;
Costs of preparing lease;
Bond;
Rent payments and receipts;
Water usage;
Subletting;
Sale of rented premises; and
Termination.
Prohibited lease terms, and new grounds for tenants to overturn termination notices and remain in occupation.
Provides all the necessary documents including the new Standard Form Lease, tenant checklist, notices, and bond lodgement forms.
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