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How to Save Share Purchase Agreement

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In this inaugural webinar of the M&A Academy program, Sameer Shah from Kaitans Corporate M&A Group welcomes participants and outlines the program's purpose: to provide foundational legal knowledge on M&A transactions for corporate executives and in-house legal teams. With over 50 partners dedicated to M&A, the firm recognizes significant growth in India's M&A activity. The webinar focuses on share purchase agreements, which are crucial for conducting business in India, as acquiring a business often involves purchasing shares of a company. Understanding the structure and key terms of these agreements is essential for effective M&A transactions.

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What is the difference between SHA and SSA?

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.

What is SHA in funding?

An SHA is an arrangement among shareholders that describes how a company should be operated, outlining shareholders rights and obligations. The agreement also includes information on the management of the company, the privileges and protections put in place for shareholders.

What is the difference between shareholders agreement and share subscription agreement?

Shareholders agreement is primarily entered to rectify the disputes that occurred between the company and the Shareholder. Meanwhile, the Share Purchase agreement is a document that legalizes the process of transaction of share held between the buyer and the seller.

What is difference between SSA and spa?

Acquisition by purchase of securities is termed as Share Purchase Agreement and Acquisition by issuance of new shares is termed as Share Subscription Agreement. Under Share Subscription Agreement (SSA) the company wants to issue new shares so that the founders do not dilute their ownership in the company.

What is the benefit of share purchase agreement?

Share Purchase Agreement provides an opportunity to both the parties to secure and protect their interest before they indulge in the process of exchanging the shares.

What is the difference between Spa and Sha?

Signed by all the parties involved in the transction. Most Common Examples: Shareholders Agreement (SHA), Share Subscription Agreement (SSA), Share Purchase Agreement (SPA)

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 Sha SSA?

Legally binding document. Typically executed on a Stamp Paper with appropriate stamp duty paid based on the local jurisdiction. Signed by all the parties involved in the transction. Most Common Examples: Shareholders Agreement (SHA), Share Subscription Agreement (SSA), Share Purchase Agreement (SPA)

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