Non Compete Agreement Buying A Business Template for Australia

This document is a comprehensive Non-Compete Agreement specifically designed for business acquisitions in Australia. It establishes legally enforceable restrictions on the seller's ability to compete with the purchased business, protecting the buyer's investment and the acquired business's goodwill. The agreement complies with Australian competition law requirements and includes provisions for geographical restrictions, duration limitations, and specific prohibited activities, while ensuring reasonable and enforceable terms under Australian federal and state legislation.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free
Upload to review

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Non Compete Agreement Buying A Business?

The Non-Compete Agreement Buying A Business is a crucial document in Australian business acquisitions, designed to protect the purchaser's investment by preventing the seller from competing with the acquired business. This agreement is essential when purchasing goodwill-dependent businesses or operations where the seller's knowledge and relationships could significantly impact the business's future success. It must comply with Australian competition laws while balancing the buyer's legitimate interests against restraint of trade principles. The document typically includes specific provisions regarding geographical scope, duration, prohibited activities, and may also cover non-solicitation of employees and customers. It's particularly important in cases where the seller has significant industry expertise, strong customer relationships, or access to confidential information that could be used to compete with the purchased business.

What sections should be included in a Non Compete Agreement Buying A Business?

1. Parties: Identifies and defines the seller, buyer, and any other relevant parties to the agreement

2. Background: Explains the context of the agreement, including details of the business sale and reason for the non-compete provisions

3. Definitions: Defines key terms used throughout the agreement, including the business, restricted activities, territory, and confidential information

4. Non-Compete Obligations: Details the specific activities the seller is restricted from engaging in, including scope of prohibited activities

5. Geographic Restrictions: Specifies the geographical area where the non-compete restrictions apply

6. Duration: Specifies the time period for which the non-compete restrictions will remain in effect

7. Confidentiality Obligations: Details obligations regarding confidential information and trade secrets

8. Acknowledgments: Seller's acknowledgment that restrictions are reasonable and necessary to protect the business

9. Remedies: Outlines remedies available in case of breach, including injunctive relief and damages

10. General Provisions: Standard contract terms including governing law, severability, and entire agreement provisions

11. Execution: Signature blocks and execution details

What sections are optional to include in a Non Compete Agreement Buying A Business?

1. Non-Solicitation of Employees: Restrictions on hiring or soliciting employees of the business - include when staff retention is crucial

2. Non-Solicitation of Customers: Restrictions on approaching or dealing with customers - include when customer relationships are vital

3. Exceptions: Specific allowed activities or carve-outs - include when seller retains certain business interests

4. Assignment: Rights to assign the agreement - include when buyer may restructure or sell the business

5. Independent Legal Advice: Acknowledgment of receiving legal advice - include when dealing with individual sellers

6. Step-Down Provisions: Cascading restrictions for duration and geography - include when enforceability concerns exist

What schedules should be included in a Non Compete Agreement Buying A Business?

1. Schedule 1 - Business Description: Detailed description of the business being purchased and protected

2. Schedule 2 - Restricted Territory: Maps or detailed description of the geographical restrictions

3. Schedule 3 - Restricted Activities: Comprehensive list of prohibited business activities

4. Schedule 4 - Confidential Information: Detailed list of what constitutes confidential information

5. Appendix A - Step-Down Provisions: Matrix of cascading geographical and temporal restrictions

6. Appendix B - Key Customers: List of key customers covered by non-solicitation provisions if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use

Find the exact document you need

Deed Of Non Competition

An Australian law-governed deed that establishes enforceable non-competition obligations between parties, including geographic and time-based restrictions on competitive activities.

Download

Non Compete Agreement For Existing Employees

An Australian-law governed agreement that restricts existing employees from engaging in competitive activities during and after their employment, while ensuring compliance with local employment and competition laws.

Download

Waiving Non Compete Agreement

An Australian law-compliant agreement that releases an employee from existing non-compete obligations while maintaining other relevant contractual terms.

Download

Non Compete Agreement Buying A Business

An Australian-compliant Non-Compete Agreement protecting buyer's interests when purchasing a business, including territorial and temporal restrictions on the seller's competitive activities.

Download

5 Year Non Compete Agreement

An Australian-law governed 5-year non-compete agreement establishing restrictions on competitive activities and protecting business interests.

Download

Non Solicitation Agreement Form

An Australian legal document that prevents the solicitation of employees, clients, or suppliers, drafted in compliance with Australian competition and employment laws.

Download

Consulting Non Compete Agreement

An Australian-compliant agreement establishing non-compete obligations for consultants, protecting business interests while ensuring legal enforceability.

Download

Small Business Non Compete Agreement

An Australian-compliant non-compete agreement for small businesses, setting out reasonable restrictions on competitive activities while ensuring legal compliance.

Download

Non Compete Agreement After Resignation

An Australian-compliant agreement restricting former employees' competitive activities post-resignation, with enforceable terms under Australian law.

Download

Non Compete Letter To New Employer

An Australian jurisdiction letter notifying a new employer of an incoming employee's existing non-compete obligations and requesting cooperation in maintaining compliance.

Download

Salon Non Compete Agreement

An Australian legal agreement restricting former salon staff from competing activities, protecting the salon's business interests while complying with Australian law.

Download

Real Estate Non Compete Agreement

An Australian-law governed agreement restricting competitive activities in the real estate sector within specified geographical areas and time periods.

Download

Non Compete Sales Agreement

An Australian legal agreement restricting sales-related competition between parties, subject to federal and state competition laws.

Download

Non Compete Letter

An Australian-compliant document establishing reasonable post-employment competitive restrictions, outlining specific limitations on future business activities while protecting legitimate business interests.

Download

International Non Compete Agreement

An Australian law-governed International Non-Compete Agreement establishing cross-border competitive activity restrictions while ensuring compliance with relevant legal frameworks.

Download

Non Compete In Severance Agreement

An Australian law-governed agreement combining severance terms with non-compete provisions, protecting employer interests while providing employee compensation.

Download

Non Compete Agreement For Sales Representative

An Australian-compliant non-compete agreement designed to protect business interests by restricting sales representatives' post-employment competitive activities.

Download

Agreement Not To Work For Competitor

An Australian law-compliant agreement that restricts an employee from working with competitors for a specified period post-employment.

Download

Non Competition Agreement Sale Of Business

An Australian legal agreement that prevents a business seller from competing with the sold business, including restrictions on competition, solicitation, and use of confidential information.

Download

Letter Of Non Solicitation

An Australian-law governed document that prevents the solicitation of employees, clients, or business relationships between parties for a specified period and scope.

Download

Non Compete Shareholders Agreement

An Australian shareholders agreement incorporating non-compete provisions and restrictive covenants, designed to protect company interests while ensuring compliance with Australian law.

Download

Non Compete Agreement Insurance Agent

An Australian-compliant Non-Compete Agreement for insurance agents that protects business interests while meeting legal requirements.

Download

Non Compete Contract

An Australian-law governed agreement restricting competitive activities within specified time and geographic boundaries, subject to reasonable restraint principles under Australian law.

Download
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now