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How to Share Transfer Agreement

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My name is Sameer Shah, an M&A partner at Kaitans Corporate M&A Group. Welcome to our inaugural webinar of the M&A Academy Program, aimed at providing foundational legal knowledge on M&A transactions for corporate executives and in-house legal teams. M&A is crucial to our practice, with over 50 partners dedicated to this field, especially as India is witnessing significant growth in M&A activities. Today's topic focuses on share purchase agreements, their structure, and key terms. This subject is essential because acquiring a business in India often involves purchasing shares in a company, making it vital for participants to understand these agreements.

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What is the contract for transferring shares?

A Share Purchase Agreement, also called a Stock Purchase Agreement, is used to transfer the ownership of shares (also called stock) in a company from a seller to a buyer. Shares (or stock) are units of ownership in a company that are divided among shareholders (also called stockholders).

Can you transfer ownership of shares to another person?

Shares are like any other form of property, they can be transferred between individuals at any time. This can be done because of several reasons: The shareholder has died. They are trying to recoup investment.

How do I write a share transfer agreement?

2.1 Subject to the terms of this Agreement and in consideration of the Purchase Price(as defined herein below), the Sellers hereby agree to sell, transfer and deliver the Sale Shares to the Purchasers, and the Purchasers hereby agree to purchase, acquire and accept from the Sellers, the Sale Shares together with all

What is required for a share transfer?

A person who gives his signature, name and address as approval for transfer must see the transferor and the transferee sign the share/debentures transfer deed in person. The relevant share/debenture certificate or allotment letter with the transfer deed must be attached and sent to the company.

What documents are needed for a share transfer?

Documents Required For Transfer of Shares Original Share Certificate of share to be transferred. Certificate of Stamp duty payment (Franking) on issue of share certificate. Valuation and the share transfer agreement. Share transfer form duly signed by the parties. ID and address proof of the transferor and transferee.

Do you need an agreement to transfer shares?

A sale of share agreement is used to formalise the transfer of share ownership from one shareholder to another so that the transaction occurs smoothly. Generally, the document contains the number of shares being sold, the selling price, and obligations relating to the sale.

What are the 3 primary clauses of share transfer agreement?

Ownership, Dividends, and Return of Capital The key clauses that should be included in any stock purchase agreement are: Ownership: The type of ownership will determine the rights and obligations, including who has voting power.

Can shares be transferred without consent?

Consent of all members A very simple rule which is effective for many situations, is that no share can be transferred without the consent in writing of every shareholder. It is entirely appropriate in many small private companies and is effectively the same as usually applies in a partnership.

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Share Transfer Agreement