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Authorization to purchase corporation's outstanding common stock

Orange California Authorization to purchase corporation's outstanding common stock

Name: Orange California Authorization to purchase corporation's outstanding common stock
Brand: US Legal Forms
Rating: 4.79 (471 reviews)

Category:

Corporations - Public - Sale or Purchase of Capital Stock

State:

Multi-State

County:

Orange

Control #:

US-CC-4-105

Format:

Instant download

Description

This is a multi-state form covering the subject matter of the title.

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How to fill out Orange California Authorization To Purchase Corporation's Outstanding Common Stock?

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FAQ

The number of authorized shares can be increased by the shareholders of the company at annual shareholder meetings, provided a majority of the current shareholders vote for the change.

Common Stock Agreement means an agreement executed by a Common Stockholder and the Company as contemplated by Section 5, below, which imposes on the shares of Common Stock held by the Common Stockholder such restrictions as the Board or Committee deem appropriate.

Once an asset purchase is complete, the assets and liabilities that have been purchased are moved to the new entity and the old entity (and any assets or liabilities it still owns) must be wound down. In a stock purchase, the buyer purchases the entire company, including all assets and liabilities.

The key difference between issued vs outstanding shares is that Issue shares is the total shares that are issued by the company to raise the funds. Whereas, outstanding shares are the shares available with the shareholders at the given point of time after excluding the shares which are bought back.

Stock purchase agreements (SPAs) are legally binding contracts between shareholders and companies. Also known as share purchase agreements, these contracts establish all of the terms and conditions related to the sale of a company's stocks.

When companies issue additional shares, it increases the number of common stock being traded in the stock market. For existing investors, too many shares being issued can lead to share dilution. Share dilution occurs because the additional shares reduce the value of the existing shares for investors.

The number of authorized shares per company is assessed at the company's creation and can only be increased or decreased through a vote by the shareholders. If at the time of incorporation the documents state that 100 shares are authorized, then only 100 shares can be issued.

Authorized shares (also known as authorized stock or authorized capital stock), are defined as the maximum number of shares that a company is legally allowed to issue to investors, as per its own determinations.

The key provisions detail the terms of the transaction: the number and type of stock sold (i.e. common, preferred) the purchase price.

Usually, the number of shares that are authorized is much more than what is actually needed. This is to allow the company to issue stocks in the future when needed (as employee perks or perhaps as a secondary offering to raise more money).

However, a company commonly has the right to increase the amount of stock it's authorized to issue through approval by its board of directors. Also, along with the right to issue more shares for sale, a company has the right to buy back existing shares from stockholders.

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Orange California Authorization to purchase corporation's outstanding common stock

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