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.
The primary objective of share subscription agreements is to document the mechanics of the subscriber's investment in the company and to compel both parties to complete the investment procedure without any ambiguity.
A share subscription is a comprehensive way for investors to buy shares directly from the company, rather than making purchases on the secondary market. It enables companies to raise funds from investors while allowing them to become shareholders in return.
Control and Voting Rights: In a sale of shares, the buyer acquires the existing shares along with the associated voting rights. In a subscription of shares, the buyer becomes a new shareholder and may or may not have immediate control or voting rights, depending on the terms of the subscription.
Equity Shares = Equity Capital / Face Value per Share For example, if a company generates ₹5,00,000 from shares with a face value of ₹10, the calculation is 5,00,000/10, yielding 50,000 equity shares. This metric signifies the total ownership units issued by the company.
The biggest difference is that an SPA is the sale of all shares, and an APA is the sale of selected assets. Therefore, they are both different transactions and have different procedures. 2. With a SPA, all shareholders in the company must be consulted and agree to sell their shares in the company.
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.