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The agreements both deal with the same subject matter, the only difference being that Share Purchase Agreement might be revoked after signing, but the Share Transfer Agreement, puts the name of the buyer in the official list of shareholders of the company thus making the shareholder liable for his unpaid share capital.
All parties must provide their addresses and registered offices, together with a declaration that they have the right to sell or buy the shares. The sellers must also declare that they have either individual or joint responsibility for the full amount of any liabilities that are disclosed in the SPA.
The share purchase agreement is usually drafted by the seller's lawyer, although the buyer may also seek legal advice and make revisions to the agreement.
The first drafts of such documents are usually prepared by counsel to the buyer, except in the context of an auction, in which case it is more usual for counsel to the seller to prepare the first drafts of these documents.
The buyer's lawyers will generally prepare the first draft of the share purchase agreement (SPA). However, in addition to precedents which assume that the drafter is acting for the buyer, we also provide precedents for drafters acting for the seller (either preparing a first draft or marking up the buyer's draft).
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.
A share purchase agreement (SPA) is an agreement between a buyer and seller(s) of a target company, setting out the terms and conditions relating to the sale and the purchase of a specific number of shares in the target company.
A stock purchase agreement is a contract signed by two parties when they buy or sell stock in a corporation in the US. Small firms that sell stock frequently use these agreements. Stock can be sold to buyers by either the corporation or its shareholders.