Share Transfer Agreement South Africa


If the sale also constitutes a transfer of all or more of the assets of the holding company, the shareholders of the holding company must also give their consent to the transaction by a special decision. Share subscription contract for new shares. It is the protection of the buyer. Creation of majority or minority shareholdings. All sectors. Full version, options for significant guarantees from other shareholders. Retention against poor performance. Other versions are available. It is important to determine whether the company in which the shares are held (the company), is a “regulated company” in the Hingang B – Authority of Panel and Takeover Regulations of the Companies Act, 2008. If the transaction represents the disposal of all or a large part of the seller`s assets as provided above, it is also important to check whether 10% or more of the securities issued by the seller in the twenty-four months preceding the date of a given transaction or offer (the value of the transferred shares does not matter).

Another tax, often omitted, is the transfer tax to be paid by the buyer who acquires the shares of a housing business and not by the property itself. This is a simple subscription agreement for new shares, under which the buyer does not need extensive guarantees on the condition of the company. . . .

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