We have 5 steps. Step 1: Decide on the issues the agreement should cover. Step 2: Identify the interests of shareholders. Step 3: Identify shareholder value. Step 4: Identify who will make decisions - shareholders or directors. Step 5: Decide how voting power of shareholders should add up.
In a share sale, the buyer acquires the shares of the company that owns the trade and assets of the business. The business can continue to run on a 'business as usual' basis. The new owner of the company acquires all assets, liabilities and obligations – even those a prospective buyer may not know about!
Share Subscription Agreement: Enacted when there is a need to issue or acquire new shares, often as part of fundraising or expansion activities. Parties Involved: Shareholder Agreement: Involves existing shareholders, defining their ongoing rights and obligations.
Key components of a Share Sale Agreement Identification of Buyer and Seller: Full names and addresses, ensuring the agreement's legality. Representations and Warranties: Essential clauses that protect the buyer from potential undisclosed liabilities. Dividends: Clarity on the allocation of dividends pre- and post-sale.