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Start-up or company acquisition

My husband operates a part-time retail business selling fruits and vegetables, where I am employed as a salesperson. My husband will deregister the business by 31.12.2017 and give the 3 employees notice of termination.

I intend to register a new fruit and vegetable retail business in the same rented premises from 1.1.2018 and potentially purchase the business equipment and inventory from my husband. I also plan to hire the 3 part-time employees. However, I do not want to take on any potential liabilities.

My question: Is this considered a new business start-up or could it potentially be seen as a business takeover (which I do not want)?

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