Sale and Purchase of Shares
Our Share Transaction Services
Share sales and purchases are all about being practical, commercial and forward thinking. From the start of the sale or purchase process to its conclusion, our experienced team are committed to understanding what you are looking to achieve and delivering outcomes that meet and exceed your expectations.
Our Share Transaction Services
Beck Legal’s transactional team have acted in all types of share transaction arrangements, including where all of the shares are being sold (i.e. the whole business), and where only a portion of the shares are being sold. Our services include:
- Preparation of the share sale agreement.
- Reviewing and advising on the terms of a share sale agreement.
- Ensuring the directors loan account is properly dealt with in the share sale agreement.
- Checking what security has been taken over the shares and the assets of the business more generally, advising on the implications of this and arranging a release where appropriate.
- Drafting and advising on the warranties that should be given by the seller and the implications of giving or not giving a warranty.
- Negotiating the terms of a share sale agreement, including warranties.
Considering and advising on the potential risks that the company may be exposed to based on its industry, and tailoring the warranties in relation to this.
- Dealing with directorships and changes in the office holdings.
- Advising on compliance with the Constitution and existing Shareholders Agreement (if any), including preparing notices and waivers of pre-emption and resolutions.
- Notifying ASIC of any changes in the structure.
- Advising on the tax implications of the structure in conjunction with your accountant.
- Reviewing key contracts and the lease and complying with any “change of control”/deemed assignment requirements.
- If acting for the buyer of part of the shares in a company, the preparation of a Shareholders Agreement, or amending the existing Shareholders Agreement, to take into account the new shareholder.
- Advising on compliance with the whitewash provisions in the Corporations Act, if applicable.
Acting in the Transaction
A successful share sale or purchase requires a collaborative approach by all parties and their representatives. We will work closely with all parties and their advisors, including your accountant, to ensure nothing slips through the cracks and the transaction is completed in an efficient and timely manner with everyone on the same page.
Why work with Beck Legal?
Beck Legal’s transactional team are known for their collaborative approach and deep expertise in the area of share sales and purchases. We make the transaction process as smooth as possible by bringing a practical and commercial approach to the table. Our team handles the process from start to finish, and invests the time to work with you and your advisors to ensure you understand the ins and outs of the matter.
For more information about our transactional services, get in touch today.