单词 | Transfer of a business |
释义 | 業務轉讓 The transfer, transmission or assignment of the whole or any part of a business of a trade or occupation. However, transfer does not include (a) the sale of the stock-in-trade of a business in the ordinary course of its trade, (b) the creation of a charge, (c) the transfer of land or any share or interest therein, or (d) the transfer of a vessel (or the transfer of any interest or share therein): Transfer of Businesses (Protection of Creditors) Ordinance (Cap 49) s 2(1). Whenever any business is transferred, with or without the goodwill thereof, the transferee shall, notwithstanding any agreement to the contrary, become liable for all the debts and obligations, including liability for tax charged or chargeable under the Inland Revenue Ordinance (Cap 112), arising out of the carrying on of the business by the transferor: s 3(1). However, a transferor or transferee, or any person who sells a business under or pursuant to a charge, is not relieved from any liability to which he would otherwise be subject: s 7. A trustee in bankruptcy may sell all or any part of the property of the bankrupt (including the goodwill of the business), and any transfer of a business of a bankrupt by the Official Receiver or trustee shall be deemed to be exempted from the provisions of the Transfer of Businesses (Protection of Creditors) Ordinance (Cap 49). |
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