With a sale of shares, the seller of the shares transfers their shares in a private company to a purchaser. The sale needs to be in ance with the Companies Act 71 of 2008, the Memorandum of Incorporation of the Company as well as in ance with any existing shareholders agreement entered into.
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.
A shareholder cannot typically force another shareholder to sell their shares unless there is a contractual obligation entitling them to do so. For example, if there is a provision enabling such a sale in the company's Articles of Association, Shareholder Agreement or another valid contract.
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.
7 Best Practices When Drafting Simple Agreements Start with a clear statement of purpose. Define key terms and definitions. Use clear and concise language. Include dispute resolution provisions. Consider the potential consequences of the breach. Include termination and renewal provisions. Use a standard contract template.