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Stock Power Agreement for Canada

Stock Power Agreement Template for Canada

A Stock Power Agreement is a formal legal document used in Canadian jurisdictions to facilitate and document the transfer of corporate shares from one party (transferor) to another (transferee). The agreement serves as evidence of the transferor's authorization to transfer specified shares and includes detailed information about the shares being transferred, including the number of shares, share class, and certificate numbers. This document complies with Canadian federal and provincial securities regulations and corporate laws, ensuring proper documentation of share ownership transfer and meeting regulatory requirements for corporate record-keeping.

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What is a Stock Power Agreement?

A Stock Power Agreement is essential in Canadian corporate transactions where ownership of shares needs to be transferred between parties. This document is commonly used in various scenarios including corporate restructuring, estate planning, gift transfers, or sale of shares. The agreement must comply with the Canada Business Corporations Act (CBCA), provincial securities regulations, and relevant corporate bylaws. It provides explicit authorization for the transfer and includes crucial details such as share certificate numbers, class of shares, and the number of shares being transferred. The document serves as official evidence of the transfer authorization and is often required by corporate transfer agents, financial institutions, and corporate secretaries to process share transfers.

What sections should be included in a Stock Power Agreement?

1. Parties: Identifies the transferor (current stockholder) and transferee (recipient of the shares), including full legal names and addresses

2. Background: Brief context of the stock transfer, including the corporation whose shares are being transferred

3. Definitions: Key terms used in the agreement, including 'Shares', 'Corporation', 'Transfer Date', and other relevant terms

4. Stock Description: Detailed description of the shares being transferred, including number of shares, class, certificate numbers, and the corporation's details

5. Transfer Authorization: Express authorization from the transferor to transfer the specified shares to the transferee

6. Representations and Warranties: Transferor's declarations regarding ownership, authority to transfer, and absence of encumbrances

7. Execution Requirements: Requirements for proper execution, including witnessing and delivery of share certificates

8. Governing Law: Specifies that the agreement is governed by Canadian law and the specific province's jurisdiction

What sections are optional to include in a Stock Power Agreement?

1. Consideration: Include when the transfer is for value rather than a gift, specifying the amount paid for the shares

2. Transfer Restrictions: Include when there are specific restrictions on the transfer from shareholders' agreements or corporate bylaws

3. Tax Representations: Include when specific tax elections or considerations need to be addressed

4. Corporate Approvals: Include when board or shareholder approval is required for the transfer

5. Power of Attorney: Include when the transferor grants additional powers to the transferee to complete the transfer

6. Spousal Consent: Include when required under family law or corporate restrictions

7. Electronic Execution: Include when the agreement will be executed electronically

What schedules should be included in a Stock Power Agreement?

1. Schedule A - Share Certificate Details: Detailed list of share certificates being transferred, including certificate numbers and share classes

2. Schedule B - Corporate Resolution: If required, copy of corporate resolution approving the transfer

3. Schedule C - Transferor's Declaration: Sworn declaration regarding the shares' status and ownership if required by the corporation

4. Appendix 1 - Share Certificate Copy: Copy of the original share certificate(s) being transferred

Authors

Alex Denne

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

Jurisdiction

Canada

Document Type

Stock Agreement

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Professional Services

Technology

Manufacturing

Real Estate

Healthcare

Energy

Mining

Retail

Transportation

Agriculture

Telecommunications

Relevant Teams

Legal

Corporate Secretariat

Finance

Compliance

Corporate Governance

Investment Management

Treasury

Board Services

Shareholder Services

Relevant Roles

Corporate Secretary

Legal Counsel

Corporate Lawyer

Securities Lawyer

Compliance Officer

Chief Financial Officer

Financial Controller

Investment Manager

Corporate Director

Board Member

Transfer Agent

Estate Planner

Wealth Manager

Investment Advisor

Corporate Governance Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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