Question 1

What are some typical clauses included in a Sale of Shares Agreement?

Accepted Answer

• Records the purchase price or method for determining the purchase price;
• The rights and obligations of both parties;
• In the event of a dispute, how it may be resolved;
• Representations and/or warranties that the buyer and/or seller may provide to each;
• Any indemnifications that might be provided by either the seller or buyer to each other;
• Conditions precedent to completion;
• Restraint of trade provisions.

Question 2

What does this service comprise?

Accepted Answer

This service involves custom preparing a Sale of Shares Agreement to your exact needs, covering all aspects of the share transfer from due diligence warranties to completion mechanics.

Question 3

How does this differ from a Sale of Business Assets Agreement?

Accepted Answer

A share sale transfers ownership of the company itself, including all its assets, liabilities, contracts, and employees. A business asset sale only transfers specific assets. For asset purchases, we offer a [Sale of Business Assets Agreement](/southafrica/southafrica-custom-sale-of-business-assets-agreement).

Question 4

What about the company's existing shareholders agreement?

Accepted Answer

The share sale may need to comply with existing shareholders agreement provisions, such as pre-emptive rights or tag-along rights. We can address these in your sale agreement. If you need a new shareholders agreement post-sale, we also offer [Shareholders Agreements](/southafrica/southafrica-custom-shareholders-agreement).

Question 5

How long does delivery take?

Accepted Answer

Standard delivery is 3 business days from when we receive your completed questionnaire. If you need your Sale of Shares Agreement sooner, we offer an Express Delivery option which guarantees delivery within 1 business day. You can select Express Delivery as an add-on during checkout.

Question 6

What if I need changes to my agreement?

Accepted Answer

Your order includes 2 rounds of revisions at no additional cost, which must be requested within 1 week of receiving your draft. This ensures you have ample opportunity to review the document and request any adjustments. Additional revision rounds beyond this can be arranged at a nominal fee.

Question 7

Who will draft my agreement?

Accepted Answer

Your Sale of Shares Agreement will be prepared by a qualified South African attorney with a minimum of 12 years of post-qualification experience in M&A transactions. Our attorney ensures proper structuring and compliance with the Companies Act.

Question 8

What information will I need to provide?

Accepted Answer

After purchase, you'll receive a detailed questionnaire asking about buyer and seller details, the company and shares being sold, purchase price and payment terms, warranties and representations, conditions precedent, restraint of trade provisions, and completion arrangements.

Custom Sale of Shares
Agreement

Agreement Details

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Why This Sale of Shares Agreement Works

Valid Transfer Instrument

Warranty Protection

Clear Completion Steps

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Amendments Included

Companies Act Compliant

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