The Purchase Of Shares Agreement is a crucial legal document used in South African corporate transactions to facilitate the transfer of company ownership through share sales. It is essential when any party wishes to acquire or dispose of shares in a company, whether a complete buyout or partial stake. The agreement must comply with South African legislation, particularly the Companies Act 71 of 2008, and may require additional regulatory approvals depending on transaction size and nature. It typically includes detailed provisions on purchase price, payment terms, warranties, representations, conditions precedent, and completion mechanics. For transactions involving foreign parties, Exchange Control Regulations must be considered, and competition law compliance may be necessary for larger deals. The agreement serves as the primary document governing the relationship between seller and purchaser throughout the share transfer process.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the Seller(s) and Purchaser(s), including full legal names and registration/identification numbers
2. Background: Context of the transaction, including brief description of the company whose shares are being sold
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Sale and Purchase: Core transaction terms including number of shares, class of shares, and purchase price
5. Purchase Price: Detailed terms of the purchase price, payment method, and timing
6. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes effective
7. Completion: Process and requirements for closing the transaction
8. Seller's Warranties: Warranties given by the seller regarding the shares, company, and other material aspects
9. Purchaser's Warranties: Warranties given by the purchaser, including capacity and authority to enter into the transaction
10. Pre-Completion Obligations: Obligations of parties between signature and completion
11. Confidentiality: Provisions regarding confidential information and its protection
12. Notices: Process and requirements for formal communications between parties
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
14. Signing: Execution clause and signature blocks
1. Earn-out Provisions: Used when part of the purchase price is contingent on future performance
2. Security for Payment: Include when there are deferred payments requiring security
3. Competition Law Compliance: Required for transactions meeting competition law thresholds
4. Tax Indemnities: Specific tax-related indemnities beyond general warranties
5. Management Provisions: Include when seller continues involvement in management
6. Restraint of Trade: Used when restricting seller's future competitive activities
7. Exchange Control: Required for transactions involving foreign parties
8. Third Party Consents: When specific third-party approvals are required for the transaction
1. Share Details: Detailed description of shares being sold including share certificates
2. Company Information: Key company details including financial statements and material contracts
3. Warranties: Detailed warranties and representations by the seller
4. Disclosed Information: List of information disclosed against the warranties
5. Intellectual Property: Schedule of company's intellectual property rights
6. Properties: Details of any material properties owned by the company
7. Material Contracts: List and copies of material contracts
8. Completion Requirements: Detailed list of completion deliverables and requirements
Find the exact document you need
Investment Contract For Small Business
A South African law-governed agreement facilitating investment in small businesses, defining investment terms and regulatory compliance requirements.
Download
Treasury Repurchase Agreement
A South African law-governed agreement for securities repurchase transactions between financial institutions, establishing terms for sale and repurchase of securities with associated collateral arrangements.
Download
Term Sheet For Share Purchase Agreement
A preliminary agreement under South African law outlining key terms and conditions for a proposed share purchase transaction, serving as the foundation for the final Share Purchase Agreement.
Download
Investment Protection Agreement
A South African law-governed agreement establishing investment protection framework and investor rights, ensuring compliance with local investment protection legislation and regulatory requirements.
Download
Bilateral Investment Agreement
A South African law-governed agreement establishing investment terms and protections between two parties, typically involving foreign investment into South African entities or projects.
Download
Shareholders Agreement And Share Subscription Agreement
South African combined Shareholders and Share Subscription Agreement governing new investments and ongoing shareholder relationships.
Download
Redeemable Preference Share Agreement
South African law-governed agreement establishing terms for redeemable preference shares, including dividend rights and redemption mechanisms.
Download
Purchase Of Shares Agreement
A South African law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company.
Download
Memorandum Of Agreement For Investment
A South African law-governed agreement establishing terms and conditions for investment arrangements, including regulatory compliance and investor protections.
Download
Letter Of Investment Agreement
A formal document governed by South African law that establishes the terms and conditions of an investment transaction between investors and recipients.
Download
Deed Of Sale Of Shares Of Stock
A South African legal document that facilitates and formalizes the transfer of company shares between parties, ensuring compliance with local company law and regulations.
Download
Business Investment Contract
A South African law-governed agreement establishing terms and conditions for business investment, including investment structure, shareholder rights, and regulatory compliance.
Download
Stock Share Agreement
A South African law-governed agreement detailing the terms and conditions for the sale and transfer of company shares between parties.
Download
Return On Investment Contract
A South African law-governed agreement establishing investment terms, returns calculation, and payment conditions between investors and investment recipients.
Download
Preference Share Agreement
A South African law-governed agreement establishing the terms and conditions for preference shares, including rights, privileges, and obligations of the issuing company and shareholders.
Download
Non Discretionary Investment Advisory Agreement
A South African law-governed agreement for non-discretionary investment advisory services, compliant with FAIS Act requirements.
Download
Loss Share Agreement
A South African law-governed agreement establishing terms for sharing losses between financial institutions on specified assets or portfolios.
Download
Investment Mandate Agreement
A South African law-governed agreement establishing an investment management relationship between an investment manager and client, compliant with FAIS Act requirements.
Download
Discretionary Investment Advisory Agreement
A South African law-governed agreement establishing terms for discretionary investment management services between a licensed financial advisor and client, compliant with FAIS Act requirements.
Download
Agreement For Transfer Of Shares
A South African law-governed agreement that documents and formalizes the transfer of shares between a seller and purchaser, ensuring legal compliance and protecting both parties' interests.
Download
Agreement For Sale Of Shares
A South African law-governed agreement documenting the terms and conditions for the sale and transfer of shares between parties, ensuring legal compliance and protection of both seller and purchaser interests.
Download
Letter Of Intent To Purchase Stock
A preliminary document under South African law expressing intent to purchase company shares, outlining key terms and conditions of the proposed transaction.
Download
Event Investment Contract
A South African law-governed agreement establishing terms for event investment, including financial commitments, operational requirements, and regulatory compliance.
Download
Artist Investment Agreement
A South African law-governed agreement establishing terms for investment in an artist's career, including funding, revenue sharing, and mutual obligations.
Download
Phantom Stock Option Agreement
A South African law-governed agreement establishing phantom stock options as employee compensation, providing synthetic equity benefits without actual share transfer.
Download
Restaurant Investment Agreement
A South African law-governed agreement establishing terms for restaurant business investment, including operational, regulatory, and financial provisions.
Download
Real Estate Investment Partnership Agreement
A South African law-governed agreement establishing a partnership structure for real estate investment, defining terms for resource pooling, management, and profit sharing.
Download
Debt Investment Agreement
A South African law-governed agreement establishing terms for debt investment, including loan terms, security arrangements, and party obligations.
Download
Cornerstone Investment Agreement
A South African law-governed agreement establishing terms for a cornerstone investment in a company, including investment structure, subscription terms, and investor rights.
Download
Bond Repurchase Agreement
A South African law-governed agreement establishing terms for securities sale and repurchase transactions, compliant with local financial markets legislation.
Download
Property Investment Contract
A South African law-governed agreement establishing terms and conditions for property investment transactions, including investment structure, rights, and obligations of all parties.
Download
Partnership Agreement On Investment And Financial Cooperation
A South African law-governed agreement establishing partnership terms for investment and financial cooperation, including capital commitments, management rights, and profit-sharing arrangements.
Download
Investment Club Partnership Agreement
A South African law-governed agreement establishing an investment club partnership, detailing partner relationships, investment terms, and operational procedures.
Download
Mezzanine Debt Term Sheet
South African law-governed term sheet outlining key terms for mezzanine debt financing, combining debt and equity characteristics for flexible capital solutions.
Download
Investment Trust Agreement
A South African law-governed agreement establishing and regulating an investment trust, defining its structure, governance, and investment parameters.
Download
Investment Agency Agreement
A South African law-governed agreement establishing the terms for investment agency services, compliant with FAIS Act and financial regulations.
Download
Friends And Family Investment Agreement
South African legal agreement formalizing investment arrangements between friends and family members, outlining terms, conditions, and protections for all parties involved.
Download
Profit Sharing Agreement For Investors
A South African law-governed agreement establishing profit sharing arrangements between investors and a business entity, including investment terms, distribution mechanisms, and regulatory compliance requirements.
Download
Stock Subscription Agreement
A South African law-governed agreement detailing terms and conditions for new share subscription in a company, including share details, price, and parties' rights and obligations.
Download
Letter Of Intent For Purchase Of Commercial Property
A preliminary document under South African law expressing intent to purchase commercial property and outlining key terms for negotiation.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)