Agreement of the sale of shares

There are many species and subspecies of the purchase / sale of shares depending on the subject's warehouse. Thus, there are distinguished contracts for the sale of shares of closed (CJSC) and open (JSC) joint-stock company, and also those that are concluded only between individuals between individuals and legal entities. But we will not deepen in their differences, and let's talk about the general provisions - there are no significant conditions without which none of the above documents will not be valid.

The priority of all is a condition for the product, as stated in Article 454 of the Civil Code (Civil Code). In our case, the goods are valuable, namely, stocks. Under the notion of "product condition", it is necessary to understand the exact name and their number (it should be indicated only in integrations, if fractional numbers are indicated - the transaction will be invalid).

The next condition you need to specify the price of the transaction, as described in Article 77 of the Federal Law "On Joint-Stock Companies". All in the same article is the legitimate procedure for its definition, that is, to put it "Nama" will not work.

The form of payment of shares is also a prerequisite. It is not contained as a direct indication in the Civil Code of the Russian Federation, but it follows from paragraph 2. st. 24 FZ "On Joint-Stock Companies", which states that payment is carried out by money, securities, other things or property rights or other rights that have a monetary assessment. Its formal form should be indicated in the contract for the establishment of a society or decision on the placement of shares.

Another point, without which the contract is void and invalid, - a payment terms. Agree that without this condition is not realized on the most price. A kind of a condition of payment term is dynamic lever for the conditions of execution of the price, which is more like a declarative norm without a corresponding "engine." Term of payment established by the charter company for an initial public offering and the decision on the placement of the secondary placement (in accordance with Art. 34 of the above Act).

Responsibility of the parties - it is something without which does not make sense make no treaty. If not installed on both sides of the sanctions in case of violation of the conditions, do not follow any punishment. Why then adhere to the terms of the contract, unless otherwise you anything for it not to lose? The most common variants "punish" the offending parties are liquidated damages and damages.

Form of the contract of sale of shares here.

An example of the completed contract of sale of shares can be found here.

This kind of agreement does not require notarized, and it is not necessary to register in any state bodies. Suffice it to written form and your signatures underneath.