The articles of association and shareholders' agreement may also specify that existing shareholders have the right of first refusal when a shareholder wishes to sell their shares. This means the shares must be offered to existing shareholders before they can be sold to anyone else.
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.
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.
The Seller Possession After Closing Agreement is a type of lease that is governed by the laws relating to leases. As a general proposition, if a lease does not provide to the contrary, the landlord has no right of entry upon the leased premises during the term of the lease.
Steps in Writing a Sales Agreement Identify the Parties: Clearly state the names and contact information of the buyer and seller. Describe the Goods or Services: Detail what is being bought or sold, including specifications, quantity, and quality, reducing the risk of misunderstandings or disputes later.