In contracts that contain conditions that must be satisfied after the agreement is signed and dated but before it can become effective, the closing date is sometimes referred to as the date when these conditions precedent are satisfied and the transactions contemplated by the agreement are finally completed.
The date of execution and thus the actual transfer of ownership of shares in the case of a share deal or of assets in the case of an asset deal is referred to as closing. Several weeks, or even months, may pass between signing and closing.
While a buy-sell agreement typically addresses the sale of shares among co-owners of a business, a shareholder agreement may address a wider range of issues, including the management and control of the business, the distribution of profits, and the appointment of directors and officers.
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.