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How to Save Sale Of Shares Agreement in PPR

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In the inaugural webinar of the M&A Academy program, Sameer Shah, a partner at Kaitan's Corporate M&A group, emphasized the importance of foundational legal knowledge for corporate executives and legal teams involved in mergers and acquisitions (M&A). With over 50 partners focused on this area, the firm acknowledges the significant growth of M&A activities in India. The session specifically addressed share purchase agreements, highlighting their importance as a preferred method for conducting business in an organized manner through companies. As acquiring a business frequently involves purchasing shares, understanding key terms and structures of these agreements is crucial for participants.

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What happens to contracts in a share sale?

Transfer (assignment) of contracts. If shares in a company are being sold, then the contracts that the company has with third parties will not need to be changed. However, if assets are being sold, then contracts will need to be assigned or novated (different types of transfer) to the buyer.

What agreement is required to sell the shares?

A draft share purchase agreement is an agreement between two parties in which the seller agrees to sell the stated number of shares to the buyer at a particular price. The agreement is made to prove that both parties agreed to the transaction and includes various other details of the transaction.

What is a stock sale agreement?

A stock purchase agreement is a contract under which a seller transfers stock of a corporation to a buyer.

How do you write a shareholder agreement?

Introduction. Step 1: Decide on the issues the agreement should cover. Step 2: Identify the interests of shareholders. Step 3: Identify shareholder value. Step 4: Identify who will make decisions - shareholders or directors. Step 5: Decide how voting power of shareholders should add up. Further information and documents.

What is the agreement for the transfer of shares?

What is a Shares Transfer Agreement? A shares transfer agreement, also known as a stock purchase agreement, is an legal document used to transfer the ownership of shares of stock. The party transferring shares could be a person or a company.

Can you rescind a share purchase agreement?

Rescission effectively enables the innocent party to retrospectively avoid the contract and entails that all contracting parties will be put back to their pre-contractual positions. However, the right to rescind may have been lost where: the parties can no longer be put back to their pre-contractual positions.

What is the tax treatment in case of share purchase agreements?

As per Section 2(14) of the Income Tax Act, if the shares are held as capital assets then the profits and gains coming from the transfer of shares will be taxable under the capital gains tax liability.

What are two types of buy sell agreements?

There are two common forms of buy-sell agreements: In a cross-purchase agreement, the remaining owners or partners purchase the share of the business that is for sale. In an entity-purchase agreement (also known as a redemption agreement), the business entity itself buys the deceaseds share of the business.

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Save Sale Of Shares Agreement in PPR