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A preemptive right is a right of existing shareholders in a corporation to purchase newly issued stock before it is offered to others. The right is meant to protect current shareholders from dilution in value or control.
Waiving pre-emption rights If a pre-emption right on an issue of shares or on a transfer of shares arises under the articles of association, they can be waived using a special resolution which will need to be signed by the holders of no less than 75% of the company's issued shares.
What is a waiver of preemptive rights? A letter for waiver of shareholders' preemptive rights is a binding statement by the shareholders that they wish to forfeit their right of preemption, effectively stating that they do not intend to take part in the purchase of additional shares.
The basics: This waiver of pre-emption rights template is a letter under which an existing shareholder agrees to waive any rights (known as 'pre-emption rights' or 'rights of first refusal') they may have to be offered shares that are being transferred by another existing shareholder to someone else or which are being ...
If the existing shareholders do not take up any new shares, they are in effect waiving their right of pre-emption and the remaining shares can be offered to the other existing shareholders who may wish to purchase more than their current shareholding proportion.