It would be advisable to enter in to a Agreement on paper. Transfer deed is also sufficient. If some special conditions to transfer the sahres arise , deed would be helpful. I may give you one straight example. It was a case of DLF , well known company. Per sale document , price was to be sent within 10 days from the date of receipt of the shares with transfer deed. But paid after 2 months. Before payment shares were transferred by the Company in their own names?? What should be construed from this . It was just cheating to Public at large. A big story and fraud also.
In deed you provide the terms and conditions of sale.
https://www.google.com/#hl=en&tbo=d&output=search&sclient=psy-ab&q=sale+and+transfer+of+shares+agreement&oq=Sale+and+transfer+of+shares+&gs_l=hp.1.1.0i30l2j0i5i30.2237.8650.0.13559.28.21.0.7.7.0.182.2361.5j16.21.0.les%3B..0.0...1c.1.9xaw35Qc67Q&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=48aabad9b85b4a19&bpcl=38625945&biw=1366&bih=598
Visit above link for deed .......
Regards,
C A Shah D J
USA
From: OM PRAKASH <omca72@yahoo.com>
To: "ghaziabad_ca@yahoogroups.com" <ghaziabad_ca@yahoogroups.com>
Sent: Friday, 16 November 2012 9:48 AM
Subject: [Gzb_CA Group -CA. V. MITTAL] Re:share purchase agreement of Private Limited Company
In deed you provide the terms and conditions of sale.
https://www.google.com/#hl=en&tbo=d&output=search&sclient=psy-ab&q=sale+and+transfer+of+shares+agreement&oq=Sale+and+transfer+of+shares+&gs_l=hp.1.1.0i30l2j0i5i30.2237.8650.0.13559.28.21.0.7.7.0.182.2361.5j16.21.0.les%3B..0.0...1c.1.9xaw35Qc67Q&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=48aabad9b85b4a19&bpcl=38625945&biw=1366&bih=598
Visit above link for deed .......
Regards,
C A Shah D J
USA
From: OM PRAKASH <omca72@yahoo.com>
To: "ghaziabad_ca@yahoogroups.com" <ghaziabad_ca@yahoogroups.com>
Sent: Friday, 16 November 2012 9:48 AM
Subject: [Gzb_CA Group -CA. V. MITTAL] Re:share purchase agreement of Private Limited Company
dear all,
there is a case of private limited company, where one shareholder sells all shares to another ( company takeover). Is it necessary to execute a share purchase agreement along with transfer deed to support the share transfer deal. If yes, can anybody provide me share purchase agreement?
CA. Om Prakash
B.Com ( Hons ), FCA
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