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    Purchase of assets

    As an alternative to the previous options, a foreign enterprise may acquire an existing business.
    A purchase of a business is realized when it concerns a complex of assets (material and juridical items) fun- ctionally connected to each other and likely to become an instrument for carrying out a business activity.

    The purchase of a business is generally a single transaction and it can only be carried on by means of public notarial deed or a private deed certified by a notary.
    The transaction may involve the entire organization, different businesses owned by the same vendor or a single business unit.
    Except as otherwise agreed, the transfer of a business involves what follows:
    • in case of a commercial undertaking, within five years from the sale, the seller is barred from starting up a new business whose objects, location or other features is likely to divert the customers;
    • the transfer of receivables and debts related to the transferred company, resulting from the compul- sory accounting books;
    • the succession in contracts for the exercise of the business activity which are not of a personal na- ture.

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