At the end of the due diligence period, the share purchase agreement (see How to Write) must be signed between the parties. After signing, closing should take place immediately, with funds being exchanged for share certificates. This is when the deal is concluded, with the buyer being the new official owner of the share. The principles of the notarial deed are as follows: • an act of the notary and not of the parties mentioned in the deed; • a record of a fact, event or transaction• in the form of a document, regardless of the form of the underlying document, the fact, event or transactionThe purpose of the notarial deed is not a scenario in which the sale of shares would be prudent without this agreement. The purchase of shares can be concluded by appointment or online, depending on whether the company is traded publicly. In the case of private companies, a physical share certificate is usually transferred and obtained from the buyer by the seller. After closing, the seller of shares assumes no responsibility for the debts of the company that have passed under the responsibility of the new owners. This is due to the fact that a company has a separate legal personality from its directors and shareholders. In comparison, if there is a sale of assets, the seller will retain, with a few exceptions (e.g.B employees), all of the company`s current liabilities, unless he can negotiate with the buyer to take them back with the company.
When buying all the shares of a company (100% of the shares), it is recommended to use a sales contract instead. The acquisition of shares represents the acquisition of the operational activity of a company. None of the existing contracts with the company change. When a shareholder sells his shares in a company, he achieves a total rupture of the relationship between him and the activity concerned. However, the buyer will insist on a number of contractual commitments concerning the company (guarantees) that will continue to bind the shareholder after the sale. This practice note contains guidelines on rights to use and employment or mesne earnings and how and when double rent or double value can be claimed. Rights of use and useA right of use and use is possible if land is used without an explicit agreement that sets out the use of our Share Sale Agreement (SPA) to register the purchase of shares and protect buyers and sellers. . .