Introduction
In order to grow a business new investors are introduced to the business to raise capital. However, introducing the new people to the company and empowering them with the rights to vote in the decision-making process of the Company makes it vulnerable and invitation to numerous threats. Hence in such a case creation of a legal document in that place can prove beneficial not only for the company but also the new shareholders being admitted.
A SPA is a legal contract executed by and amongst a seller and a buyer. It lays down the terms and conditions for purchasing the company’s share and also acts as an evidence for the shareholder justifying that he/she is the legal buyer of the particular number of shares in the Company.
The share purchase agreement comprises information pertaining to the type of shares purchased, the total number of shares purchased, the price at which such shares are purchased, and the rights and liabilities of the company and its shareholder. The primary objective of share purchase agreement is to ensure that the terms and conditions of sale and purchase of company’s shares should be mutually agreed by both sides.
Sprinthub Solutions has a team of experts providing you with the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to legal drafting of share purchase agreements. You may get in touch with our team on 096436-69475 or email admin@sprinthub.in .
Key Contents of Share Purchase Agreement
Details of the buyer, seller and the company
Details of the number of shares and kind of shares purchased.
The rights that are given to the shareholder.
The liabilities and obligations of both parties.
Details of the number of shares and kind of shares purchased.
Dispute resolution and arbitration process in cases of legal disputes arising.
The permissions, authorisations, etc. need to be taken before the transfer or sale of shares by the shareholder.
Information about the pricing at which the shares are sold by the company.
Jurisdiction of the court and law applicable in case of a legal dispute.
Process of Drafting of Shareholders Purchase Agreement(SPA)
Placing request
Sharing of Ist Draft
Drafting of agreement
Sharing of Final Agreement
Importance of Share Purchase Agreement
Due Diligence
Protects Parties
Sample of Shareholders Agreement
FAQ's On Share Purchase Agreement
A SPA is a legal contract executed by and amongst a seller and a buyer i.e. the company and the shareholder. It lays down the terms and conditions for purchasing the company’s share and also acts as an evidence for the shareholder justifying that he/she is the legal buyer of the particular number of shares in the Company.
Due Diligence- A Share Purchase Agreement is a fundamental way of business process ensuring diligence while introducing an investor to the Company. While adopting a flexible policy to such issues and lack of such legal agreements might have few unwanted consequences on the business and gives an invitation to the legal threats.
Protects Parties- The share purchase agreement provides an opportunity to the parties to protect their own interests before the shares are exchanged. SPA covers each part of the transaction and is important for the parties to have looked at every clause mentioned in the document and to understand its significance.
Yes, it is advisable that you get the contracts stamped/e-registered.
