The Share Swap Agreement is a crucial document used in corporate restructuring, strategic alliances, and business combinations in India. It is typically employed when companies wish to achieve strategic integration, consolidate their business operations, or create strategic partnerships without cash transactions. The agreement must comply with Indian regulatory framework, including the Companies Act, 2013, SEBI regulations, and where applicable, FEMA guidelines for foreign investment. This document includes detailed provisions on share valuation, exchange ratios, conditions precedent, and completion mechanics. It's particularly important in scenarios involving merger and acquisition activities, group reorganizations, or strategic investments where shares are used as consideration instead of cash.
Your data doesn't train Genie's AI
You keep IP ownership聽of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let tiktok成人版's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Details of the companies and/or individuals entering into the share swap agreement
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Share Swap Structure: Details of the share exchange ratio, number of shares to be swapped, and mechanics of the swap
5. Conditions Precedent: Prerequisites that must be satisfied before the share swap can be completed
6. Completion Mechanics: Step-by-step process for executing the share swap
7. Representations and Warranties: Statements of fact and assurances from each party about their authority, shares, and company status
8. Covenants: Ongoing obligations of the parties before and after completion
9. Indemnification: Provisions for compensation in case of breach or misrepresentation
10. Termination: Circumstances under which the agreement can be terminated
11. Governing Law and Jurisdiction: Laws governing the agreement and courts having jurisdiction
12. Notices: Process and addresses for formal communications between parties
13. General Provisions: Standard boilerplate clauses including amendments, waiver, severability etc.
1. Foreign Investment Compliance: Required when the swap involves foreign parties, addressing FEMA compliance and RBI approvals
2. Tax Indemnities: Specific tax-related indemnities when significant tax implications are anticipated
3. Competition Law Compliance: Required when the swap might trigger Competition Commission thresholds
4. Tag-Along Rights: Optional protection for minority shareholders
5. Drag-Along Rights: Optional mechanism for majority shareholders to force minority participation
6. Post-Completion Covenants: Specific obligations after the swap completion, such as board composition or business continuation
7. Regulatory Approvals: Detailed section on specific regulatory approvals when dealing with regulated industries
1. Share Details: Detailed description of shares being swapped, including class, rights, and current ownership
2. Corporate Information: Company details including registration numbers, registered offices, and corporate structure
3. Valuation Report: Independent valuation report determining the share swap ratio
4. Completion Checklist: List of documents and actions required for completion
5. Form of Transfer Instruments: Templates for share transfer forms and board resolutions
6. Encumbrances: List of any existing encumbrances on the shares being swapped
7. Required Consents: List of third-party consents required for the swap
8. Disclosure Schedule: Detailed disclosures against the representations and warranties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Real Estate
Telecommunications
Energy
Infrastructure
E-commerce
Professional Services
Media and Entertainment
Retail
Pharmaceuticals
Automotive
Relevant Teams
Legal
Finance
Corporate Development
Mergers & Acquisitions
Tax
Compliance
Corporate Secretarial
Strategy
Business Development
Risk Management
Board Secretariat
Relevant Roles
Chief Executive Officer
Chief Financial Officer
General Counsel
Corporate Lawyer
Investment Banker
Company Secretary
Chief Strategy Officer
Merger & Acquisition Director
Corporate Development Manager
Financial Controller
Tax Director
Compliance Officer
Board Director
Managing Director
Business Development Director
Find the exact document you need
Profit Split Agreement
An Indian law-governed agreement establishing terms for profit sharing between business parties, including calculation methods and distribution mechanisms.
find out more
Stock Purchase Contract
An Indian law-governed agreement documenting the terms and conditions for the transfer of company shares between selling and purchasing parties.
find out more
Share Retention Agreement
An Indian law-governed agreement that requires specified shareholders to maintain their company ownership for a defined period, outlining retention terms and compliance requirements.
find out more
Preference Shares Agreement
An Indian law-governed agreement establishing terms for preference share issuance, including dividend rights, redemption terms, and shareholder privileges.
find out more
Shares Agreement
An Indian law-governed agreement that defines the rights, obligations, and relationships between company shareholders, including share transfer provisions and corporate governance mechanisms.
find out more
Share Transfer Agreement Between Individuals
An Indian law-governed agreement for transferring shares between individuals, outlining terms, conditions, and compliance requirements for the share transfer.
find out more
Share Surrender Agreement
An Indian law-governed agreement documenting the voluntary surrender of shares by a shareholder back to the company, structured under the Companies Act, 2013.
find out more
Phantom Unit Award Agreement
An Indian law-governed agreement granting synthetic equity rights (phantom units) to employees, providing economic benefits of share ownership without actual share issuance.
find out more
Stock Purchase Agreement Between Shareholders
An Indian law-governed agreement facilitating share transfers between existing shareholders, detailing transaction terms and ensuring regulatory compliance.
find out more
Stock Rental Agreement
An Indian law-governed agreement establishing terms for temporary securities lending between parties, including transfer arrangements, fees, and regulatory compliance requirements.
find out more
Stock Pledge And Security Agreement
An Indian law-governed agreement creating a security interest in shares as collateral, detailing pledge terms and enforcement mechanisms in compliance with Indian corporate and securities regulations.
find out more
Phantom Unit Agreement
An Indian law-governed agreement granting synthetic equity rights that provide economic benefits of share ownership without actual share issuance.
find out more
Stock Appreciation Rights Agreement
An Indian law-governed agreement establishing terms for Stock Appreciation Rights granted to employees, including grant, vesting, and settlement provisions.
find out more
Sale Of Shares In Private Company Agreement
An Indian law-governed agreement for the sale and transfer of shares in a private company, detailing terms, conditions, and regulatory compliance requirements.
find out more
Stock Warrant Agreement
An Indian law-governed agreement detailing terms and conditions for issuing and exercising stock warrants, including conversion rights and compliance requirements.
find out more
Stock Lease Agreement
An Indian law-governed agreement for temporary stock transfer between lessor and lessee, compliant with SEBI regulations and Companies Act requirements.
find out more
Stock Investment Agreement
An Indian law-governed agreement detailing terms and conditions for share investment, including investor rights and regulatory compliance requirements.
find out more
Restricted Stock Grant Agreement
An Indian law-governed agreement detailing terms and conditions for granting restricted company stock to employees, including vesting schedules and regulatory compliance requirements.
find out more
Stock Grant Agreement
An Indian law-governed agreement documenting the award of company shares to employees, detailing vesting schedules and compliance with local corporate and securities regulations.
find out more
Preferred Stock Agreement
An Indian law-governed agreement establishing terms and conditions for preferred stock issuance, including investor rights and company obligations.
find out more
Stock Redemption Agreement
An Indian law-governed agreement detailing terms and conditions for a company's redemption of its shares from existing shareholders.
find out more
Stock Option Award Agreement
An Indian law-governed agreement that documents the grant of stock options to employees, specifying terms of grant, vesting, and exercise of options.
find out more
Equity Repurchase Agreement
An Indian law-governed agreement for a company to repurchase its own shares from existing shareholders, ensuring compliance with Companies Act and relevant regulations.
find out more
Stock Option Cancellation Agreement
An Indian law-governed agreement that formally terminates previously granted employee stock options, outlining cancellation terms and mutual obligations.
find out more
Stock Issuance Agreement
An Indian law-governed agreement documenting the terms and conditions for issuing new shares by a company to investors, ensuring compliance with Companies Act 2013 and SEBI regulations.
find out more
Share Cancellation Agreement
An Indian law-governed agreement documenting the terms and process for cancellation of company shares, ensuring compliance with Companies Act 2013 and relevant regulations.
find out more
Share Buyout Agreement
An Indian law-governed agreement documenting the terms and conditions for the transfer of shares between parties, ensuring regulatory compliance and protecting stakeholder interests.
find out more
Share Distribution Agreement
An Indian law-governed agreement defining terms and procedures for company share distribution, compliant with Companies Act 2013 and SEBI regulations.
find out more
Restricted Stock Award Agreement
An Indian law-governed agreement documenting the grant of restricted company shares to employees, including vesting conditions and transfer restrictions.
find out more
Phantom Equity Agreement
An Indian law-governed agreement establishing phantom equity rights that simulate share ownership benefits without actual equity transfer.
find out more
Shares Subscription Agreement
An Indian law-governed agreement documenting terms and conditions for new share issuance and subscription between a company and investor(s).
find out more
Share Issue Agreement
An Indian law-governed agreement detailing terms and conditions for issuing new shares by a company to investors or existing shareholders.
find out more
Share For Share Exchange Agreement
An Indian law-governed agreement facilitating the exchange of shares between companies, detailing exchange terms and regulatory compliance requirements.
find out more
Share Contribution Agreement
An Indian law-governed agreement facilitating the formal contribution of shares from contributors to a receiving company, ensuring regulatory compliance and protecting all parties' interests.
find out more
Share Charge Agreement
An Indian law-governed agreement creating security over shares in favor of a lender/security holder, including charge creation, perfection, and enforcement mechanisms.
find out more
Share Buyback Agreement
An Indian law-governed agreement outlining terms and conditions for a company's repurchase of its own shares from shareholders, ensuring regulatory compliance and protecting all parties' interests.
find out more
Vested Equity Agreement
An Indian law-governed agreement that establishes terms for granting company equity with vesting conditions to employees or consultants.
find out more
Restricted Stock Agreement
An Indian law-governed agreement detailing terms and conditions for granting restricted stock to employees, including vesting schedules and transfer restrictions.
find out more
Stock Exchange Agreement
An Indian law-governed agreement between a stock exchange and trading member establishing trading rights and regulatory compliance obligations.
find out more
Stock Buyback Agreement
An Indian law-governed agreement detailing terms and procedures for a company to repurchase its own shares from existing shareholders.
find out more
Share Exchange Agreement
An Indian law-governed agreement facilitating the exchange of shares between companies and/or shareholders, detailing exchange terms and regulatory compliance requirements.
find out more
Share Swap Agreement
An Indian law-governed agreement facilitating the exchange of shares between companies, detailing swap terms and regulatory compliance requirements.
find out more
Stock Repurchase Agreement
An Indian law-governed agreement documenting terms and conditions for a company's repurchase of its own shares from existing shareholders.
find out more
Employee Stock Option Agreement
An Indian law-governed agreement detailing the terms of employee stock options, including grant, vesting, and exercise conditions.
find out more
Share Option Agreement
An Indian law-governed agreement setting out terms for granting company stock options to employees or consultants, including vesting, exercise conditions, and regulatory compliance requirements.
find out more
Letter Of Intent Share Purchase Agreement
A preliminary document under Indian law outlining the proposed terms for a share purchase transaction, serving as a precursor to the final Share Purchase Agreement.
find out more
Stock Ownership Agreement
An Indian law-governed agreement establishing shareholders' rights, obligations, and share ownership terms in a company.
find out more
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)