After the conclusion (song of the agreement), there are a few steps that the buyer must take: the shareholders` pact is mainly concluded to resolve the problems and disputes between the shareholders and the company. We cannot always be sure that nothing goes wrong, and in such circumstances, where nothing is certain, such agreements will help us resolve problems and disputes if this happens and maintain a strong relationship between shareholders and the company. It also contributes to the protection of a shareholder`s investment and establishes the rules and rules applicable to shareholders and other parties related to the company. Before the agreement is reached, a Memorandum of Understanding will be established to explain the proposed sale. A buyer must have due diligence and must ensure that the sales contract and the MEMORANDUM of understanding have the same conditions. The seller should specifically examine the sales and purchasing sector as well as the area of guarantees and representations. The sales and purchasing sector should have exactly the same conditions as the MOU. If differences are found, they are likely due to the buyer`s duty of care and must be negotiated before the purchase agreement is concluded. There are two common aspects that create and establish the relationship between the two parties. This is the shareholder contract and the share purchase agreement. One party uses it so that the other party that invests can also participate in the process. A share purchase agreement also contains payment details, z.B if a down payment is required when the full payment is due, and the closing date of the agreement. The class of common or pre-weighted shares may affect the shareholder`s share of the company`s profits or the amount it receives when the company is liquidated and whether a shareholder has voting or non-voting shares, decides whether or not the shareholder has the right to vote at shareholder meetings.
If you and two z.B. business partners all have the same shares in a company and a partner wants to resign, a share purchase agreement can be used to buy the shares of the stripper partner. When creating a share purchase agreement, it is important to give details of the shares sold, for example. B the type of actions. Common, preferential, voting and non-voting terms are terms that can be used to describe shares. The terms of compensation eventually granted by the buyer or seller are also presented, which covers all costs that may result from the transaction due to conditions that were met prior to the closing of the transaction. A special tax treatment to which the buyer or seller may be entitled is also mentioned in the contract. The shareholder agreement and the share purchase agreement were merged to propose an agreement known mostly as the SPCA share purchase agreement or shareholding agreement. An agreement in which the terms of sale and purchase are made on the same side, that is, certain things are concluded with respect to the sale and purchase of shares of a company.