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.
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 answer is usually no, but there are vital exceptions. Shareholders have an ownership interest in the company whose stock they own, and companies can't generally take away that ownership.
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.
Many people wonder whether it is possible to write their own shareholders' agreement or whether a solicitor is required. We believe that it is quite possible to draw it yourself, provided that you use a good template as a basis (such as our own).
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.