Share Transfer Agreement Vs Share Purchase Agreement

State:
Multi-State
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
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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 ...

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Share Transfer Agreement Vs Share Purchase Agreement