Share Transfer Agreement Vs Share Purchase Agreement
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FAQ
The following are the core elements of a share transfer agreement : Definition of transfer of shares. Definition of consideration of shares. Date of transfer. Purchase price. Payment. Liability. Creditors. Representations and warranties.
A company executes a Share subscription agreement (SSA) in case of a fresh issue of shares. A shareholders' agreement (SHA) is a contract that contains the rights and obligations of the shareholders in a company.
Share transfer agreement includes shares purchase, but shares purchase agreement does not include a share transfer. Shares purchase contract could be canceled, but, on the other hand, the shares transfer contract could not be canceled once executed or made then binding upon the parties to execute.
The agreements both deal with the same subject matter, the only difference being that Share Purchase Agreement might be revoked after signing, but the Share Transfer Agreement, puts the name of the buyer in the official list of shareholders of the company thus making the shareholder liable for his unpaid share capital.
Which the parties normally enter into in their usual course of business, Share Subscription Agreement (SSA), Share Purchase Agreement (SPA) and Shareholder's Agreement (SHA) are one such category of agreements which are not executed on regular intervals and can be said to be highly technical as these agreements tend to ...