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Share Purchase Agreement
A share purchase agreement is a legal document that outlines the terms and conditions of the sale and purchase of shares in a company. It sets out the details of the shares being sold, the purchase price, and any conditions that must be met before the sale is completed.
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Overview of Share Purchase Agreement
A share purchase agreement is a legally binding document that outlines the terms and conditions of buying and selling shares between parties. The buyer purchases a stake in the company through shares, and the seller agrees to sell a specified number of shares at a predetermined price. This agreement serves as proof of the transaction and includes various details of the sale.
To ensure the accuracy and legality of the agreement, it is recommended to seek the assistance of legal experts who are familiar with the process and procedures involved in such transactions. Legal Suvidha is an organization that can provide the necessary guidance and support in drafting a share purchase agreement in compliance with the Companies Act 2013.
Advantages of Share Purchase Agreement
|Clear terms||A Share Purchase Agreement clearly outlines the terms and conditions of the sale, including the number of shares being sold, the purchase price, and any contingencies|
|Legal protection||The agreement is a legally binding document that protects both the buyer and seller, reducing the risk of disputes or misunderstandings|
|Saves time and money||A Share Purchase Agreement can save time and money by avoiding lengthy negotiations between the parties involved in the sale|
|Confidentiality||The agreement can be kept confidential, which is important for companies that don’t want to disclose sensitive information about their shareholders|
|Flexibility||A Share Purchase Agreement can be tailored to the specific needs of the parties involved, allowing for flexibility in the terms and conditions of the sale|
Legal Suvidha can assist in drafting a Share Purchase Agreement that is tailored to the specific needs and requirements of both the buyer and the seller. The process typically involves the following steps:
Step 1: Consultation: Legal Suvidha will consult with both the buyer and the seller to understand their requirements and preferences.
Step 2: Drafting: Based on the consultation, Legal Suvidha will draft a Share Purchase Agreement that outlines the terms and conditions of the transaction, including the price, the number of shares being sold, the payment terms, and any other relevant details.
Step 3: Review: Both parties will have the opportunity to review and make revisions to the agreement as necessary.
Step 4: Signing: Once the agreement is finalized, both parties will sign the agreement, and the transaction can proceed.
By working with Legal Suvidha to draft a Share Purchase Agreement, both the buyer and the seller can ensure that their interests are protected and that the transaction is conducted in a transparent and legally compliant manner.
1. Share Transfer Form: Once the sale of shares is completed, the seller is required to provide the buyer with a signed share transfer form that details the shares being transferred and the consideration received
2. Share Certificate: After the transfer of shares, the company needs to cancel the seller’s previous share certificate and provide a new share certificate reflecting the updated shareholdings
3. Letter of Resignation: If a seller decides to resign from the company, they are required to submit their resignation letter prior to or at the time of completion
4. Notification to ASIC: After selling shares, the company needs to inform the ASIC (application-specific integrated circuit) of the change within 28 days. This can be done by submitting Form 484, which is available on the ASIC website
FAQ's Share Purchase Agreement :-
A legally binding document describing the sale and purchase of a company’s shares, including what is being sold, to whom and for how much, as well as any other duties as between the parties, is known as a share purchase agreement
The initial draught of the share purchase agreement will typically be created by the buyer’s attorneys (SPA). We do, however, provide examples for drafters acting for the seller (either drafting a first draught or marking up the buyer’s draught), in addition to precedents that presume the drafter is acting for the buyer.
The buyer and seller (or sellers, if the corporation is controlled by multiple shareholders) are the only parties to the simplest share purchase agreement (SPA). But, other parties, including banks, landlords, or businesses within a group, might have an interest in the shares.
Stamp duty is 0.015% of the entire market value of the shares and is due upon transfer of shares in physical form. Market Value is defined as the price or consideration specified in the specific instrument, such as a share certificate.
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