Share Purchase Agreement
A Share Purchase Agreement (SPA) is a legal document signed between two parties which defines the terms and conditions of sale and purchase of shares in a company. This kind of agreement is predominantly used to relocate ownership and possession of shares of a company from a merchant to a buyer at specific price.
A well written Share Purchase Agreement clearly delineates and defines all terms of relationship between parties as well as product or services provided. It not only clarifies expectations and goals of seller but helps to avoid any dispute between the parties in the future. The main motive of the Share Purchase Agreement is to illustrate that the terms of the agreement are understandable by both the parties by specifying the quality and the quantity of shares to be sold, any preconditions and scope of the same.
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A Share Purchase Agreement should contain below mentioned information:
In order to make an agreement legally enforceable, it must fulfill certain legal conditions such as an offer and acceptance of that offer. Share Purchase agreement reflects the understanding between the parties by where one party disburse the shares and other party accept the same and do the payment that makes it legally enforceable.
Although oral agreements are valid but agreements in written form are given more authenticity and are considered as legally valid. As well it avoids any kind of issues between the parties in future.
Although oral agreements are valid but agreements in written form are given more authenticity and are considered as legally valid. As well it avoids any kind of issues between the parties in future.
Yes, you can file a complaint in court or monetary penalty can be imposed as written in the agreement.
The process of selling company shares to third person is sale purchase but process of repurchasing sold shares come under Share Repurchase agreement. Companies usually repurchase shares when I has enough cash to buy the same while still covering operating expenses.
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