More recently, the practice of buying a finished business has begun in our country, so this market has not yet been formed enough. This causes insufficient transparency of such transactions, both in legal and financially. And many people do not even have an idea of what a ready -made business is and how exactly it can be purchased.
In fact, the concept of “ready -made business” is really difficult to characterize, especially from a legal point of view. The problem is that in Russian legislation there are no provisions governing the purchase and sale of such goods, since the finished business is not one of the objects of civil legal relations. The Civil Code truths mentions the enterprise as an object of sale and sale, which is a property complex, which may include buildings, equipment, raw materials, finished products and intellectual property. In this case, the company acts as a variety of real estate and any transactions with it are subject to state registration. Although in our country enterprises are endowed with all the features of the object of law, their participation in civilian circulation is too difficult and is more potentially possible than real.
This state of affairs can also be associated with the lack of practice among domestic entrepreneurs in the commission of such transactions, as well as with the extreme complexity and inconvenience of their implementation. And even despite the law “On state registration of rights to real estate and transactions with it” adopted back in 1998, there are still no clear mechanisms for transactions with enterprises.
However, the concept of “ready -made business” is considered slightly wider than just “enterprise”, and this makes the design and support of transactions with this product even more confusing and incomprehensible. Ready business is not just real estate, but a real organism that is constantly developing and growing. In addition to all kinds of material property, the purchase of a finished business is accompanied by the acquisition of a full set of permits, labor resources, worked out business schemes and formed a reputation in certain circles. The new owner also receives a full client and partnership base and executed contracts with contractors and counterparties. That is, there is a purchase of a debugged and often successful business that does not need significant investments in development. In practice, such transactions are drawn up in the form of alienation of shared participation with the right to subsequent management and profit.