SSS · Corporate Secretarial

Do the licences of a business we acquire transfer to us?

Not always; it depends on the type of licence. Some licences and permits attach to the business itself — to the physical and technical characteristics of the premises — and are easier to ca…

Updated · July 20261 min readCategory · Corporate Secretarial
Short answer

Not always; it depends on the type of licence. Some licences and permits attach to the business itself — to the physical and technical characteristics of the premises — and are easier to carry across on a transfer. Others attach to the operator, and require the acquirer to make a fresh application or to obtain approval of the transfer.The workplace opening…

Not always; it depends on the type of licence. Some licences and permits attach to the business itself — to the physical and technical characteristics of the premises — and are easier to carry across on a transfer. Others attach to the operator, and require the acquirer to make a fresh application or to obtain approval of the transfer.

The workplace opening and operating licence, for example, usually has to be reissued in the new operator’s name when the operator changes. The licence consequences can also differ depending on whether the deal is a share transfer, where the company itself changes hands, or a transfer of the business and its assets. So before any business or company transfer we examine the licence and permit position, establish which documents pass automatically and which have to be obtained again, and plan for the activity to continue without interruption afterwards. We also put the appropriate protective provisions into the transfer agreement.

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This content is for general information only and does not constitute legal advice. Please contact our team for an assessment of your specific circumstances.

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