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Company Share Agreement

Company Share Agreement Template for New Zealand

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Key Requirements PROMPT example:

Company Share Agreement

"I need a Company Share Agreement for my tech startup with three founding shareholders, including tag-along rights and a specific clause about share vesting over 3 years starting from January 2025."

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Document background
The Company Share Agreement is a fundamental document for any New Zealand company with multiple shareholders, providing essential governance and operational framework for share ownership and management. This document becomes particularly important when companies are expanding their shareholder base, restructuring ownership, or establishing clear protocols for share transfers and shareholder rights. It must comply with the New Zealand Companies Act 1993 and other relevant legislation, including the Financial Markets Conduct Act 2013 and Contract and Commercial Law Act 2017. The agreement typically includes detailed provisions on share transfers, voting rights, dividend policies, board composition, and dispute resolution mechanisms. It serves as a critical tool for protecting both majority and minority shareholder interests while ensuring smooth company operations and clear decision-making processes.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the company and all shareholders

2. Background: Context of the agreement, including company details and purpose of the arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Share Capital Structure: Details of the company's share capital, classes of shares, and rights attached

5. Issue and Transfer of Shares: Procedures and restrictions for issuing and transferring shares

6. Shareholders' Rights and Obligations: Core rights and obligations of shareholders, including voting rights and dividend entitlements

7. Management and Decision Making: Governance structure and decision-making processes

8. Board of Directors: Composition, appointment, removal, and powers of the board

9. Meetings and Resolutions: Procedures for shareholder and board meetings

10. Financial Matters: Financial reporting, dividend policy, and capital contributions

11. Confidentiality: Protection of company and shareholder confidential information

12. Dispute Resolution: Procedures for resolving disputes between shareholders

13. Term and Termination: Duration of the agreement and circumstances for termination

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Pre-emptive Rights: Detailed procedures for existing shareholders' right of first refusal on share transfers

2. Tag-Along Rights: Rights of minority shareholders to join in sale of majority shareholding

3. Drag-Along Rights: Rights of majority shareholders to force minorities to join in sale

4. Share Valuation: Methods for valuing shares in various circumstances

5. Non-Competition and Non-Solicitation: Restrictions on shareholders competing with the company

6. Dividend Policy: Detailed policy on declaration and payment of dividends

7. Dead Lock Resolution: Specific procedures for resolving board or shareholder deadlocks

8. Exit Mechanisms: Procedures for shareholder exit, including put and call options

9. Employee Share Scheme: Provisions for employee share ownership plans

10. Intellectual Property Rights: Specific provisions regarding IP ownership and licensing

Suggested Schedules

1. Schedule 1: Share Capital Table: Detailed breakdown of shareholding structure and share classes

2. Schedule 2: Deed of Adherence: Template for new shareholders to become bound by the agreement

3. Schedule 3: Reserved Matters: List of decisions requiring special majority or unanimous approval

4. Schedule 4: Share Transfer Notice: Template for notice of intention to transfer shares

5. Schedule 5: Company Information: Key company details including registration number, registered office

6. Schedule 6: Shareholder Information: Detailed information about each shareholder

7. Schedule 7: Valuation Methodology: Agreed methods and procedures for share valuation

8. Appendix A: Board Charter: Detailed governance procedures and board responsibilities

9. Appendix B: Dividend Policy: Detailed procedures and policies for dividend declarations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





















































Clauses



































Relevant Industries

Financial Services

Professional Services

Technology

Manufacturing

Retail

Healthcare

Real Estate

Construction

Agriculture

Mining

Education

Hospitality

Transportation

Energy

Telecommunications

Media and Entertainment

Professional Services

Consulting

Relevant Teams

Legal

Finance

Corporate Governance

Executive Management

Board of Directors

Compliance

Corporate Affairs

Risk Management

Investment

Shareholder Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Investment Manager

Board Director

Chairman

Compliance Officer

Finance Director

Corporate Governance Manager

Business Development Director

Managing Director

Shareholder Relations Manager

Investment Analyst

Company Director

Corporate Affairs Manager

Risk Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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