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Share Purchase Agreement (Transactions Between Shareholders or Affiliates) A share purchase agreement (also referred to as a share transfer agreement) that can be used in a sale of shares between two shareholders of a target corporation or an intercorporate transfer between two affiliates.
For example, one share in company A may be worth 5 shares in company B. All depends upon the facts. Often share for share exchanges take place with a transfer of assets from one company to another.
The Shareholder's Agreement is generally used to resolve disputes between the corporation and the Shareholder. The Share Purchase Agreement, on the other hand, is a document that justifies the exchange of shares held by the Buyer and Seller.
By Practical Law Corporate. This standard document is a short form agreement intended for use in an intra-group share purchase transaction where the consideration is to be satisfied by an issue of shares by the buyer to the seller.
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.
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.
Technically, a share for share exchange is treated as a 'reorganisation' for tax purposes. The selling shareholders are therefore treated as not making a disposal of their old shares but as having acquired their new shares in the acquiring company at the same time and for the same amount as their old shares.
Stock purchase agreements (SPAs) are legally binding contracts between shareholders and companies. Also known as share purchase agreements, these contracts establish all of the terms and conditions related to the sale of a company's stocks.