The Sale and Purchase Agreement (SPA) is a fundamental transaction document used in the United Arab Emirates for documenting the transfer of ownership of assets, shares, or property. This agreement type is essential for both commercial and private transactions in the UAE market, requiring careful consideration of federal and emirate-specific laws. The SPA must incorporate specific provisions required under UAE law, including compliance with the Civil Code, Commercial Transactions Law, and relevant regulatory requirements. It typically includes detailed sections on payment terms, warranties, completion mechanics, and regulatory approvals. The document is particularly important in the UAE context due to the country's strict documentation requirements and the need to ensure compatibility with both common law principles and local legal frameworks. It serves as the primary evidence of the transaction terms and is often required for government registration processes.
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1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details as per UAE requirements
2. Background: Context of the transaction, including brief description of the asset/property and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including Arabic translations where necessary for legal compliance
4. Sale and Purchase: Core transaction terms including asset/property description and purchase price
5. Purchase Price and Payment: Detailed payment terms, installments, payment methods, and currency specifications
6. Completion: Completion date, mechanics, and deliverables required for transfer of ownership
7. Seller's Warranties: Standard warranties regarding ownership, authority to sell, and condition of asset/property
8. Purchaser's Warranties: Warranties regarding authority to purchase and financial capacity
9. Pre-Completion Obligations: Actions required from both parties before completion
10. Post-Completion Obligations: Required actions after completion, including registration requirements
11. Termination: Circumstances allowing contract termination and consequences
12. Governing Law and Jurisdiction: Specification of UAE law and relevant emirate's courts
13. Notices: Communication procedures between parties
14. General Provisions: Standard boilerplate clauses including severability, whole agreement, and amendments
1. Conditions Precedent: Used when completion is subject to specific conditions such as regulatory approvals or third-party consents
2. Due Diligence: Included for complex transactions requiring verification period
3. Property Management: Required for real estate transactions with ongoing management considerations
4. Environmental Matters: Necessary for industrial property or assets with environmental implications
5. Employee Matters: Included when the sale involves transfer of employees
6. Intellectual Property: Required when the sale includes IP rights
7. Tax Matters: Detailed tax provisions for complex commercial transactions
8. Escrow Arrangements: When payment or documents need to be held in escrow
9. Anti-Money Laundering Compliance: Required for high-value transactions under UAE law
10. Force Majeure: Optional detailed provisions for unforeseen circumstances
1. Asset/Property Description: Detailed description of the sale object including all specifications and included items
2. Purchase Price Breakdown: Itemized breakdown of the purchase price and payment schedule
3. Form of Transfer Documents: Templates of required transfer documentation under UAE law
4. Due Diligence Results: Summary of findings from any due diligence investigations
5. Required Consents: List of necessary regulatory and third-party approvals
6. Encumbrances: Details of any existing liens, mortgages, or other encumbrances
7. Warranties: Detailed warranties and representations
8. Completion Checklist: List of all documents and actions required for completion
9. Property Title Documents: Copies of relevant title documentation and certificates
10. Disclosure Letter: Seller's disclosures against warranties
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Relevant Industries
Real Estate
Manufacturing
Retail
Technology
Healthcare
Hospitality
Construction
Energy
Trading
Professional Services
Financial Services
Automotive
Industrial
Consumer Goods
Relevant Teams
Legal
Finance
Compliance
Risk Management
Commercial
Operations
Business Development
Property Management
Procurement
Corporate Secretariat
Investment
Due Diligence
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Commercial Director
Business Development Manager
Property Manager
Compliance Officer
Risk Manager
Finance Director
Operations Director
Investment Manager
Real Estate Manager
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Company Secretary
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