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Stock Power Agreement Template for Australia

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Key Requirements PROMPT example:

Stock Power Agreement

"I need a Stock Power Agreement for transferring 10,000 ordinary shares in my private technology company to a new investor, with completion scheduled for March 15, 2025, including standard warranties and ASIC compliance requirements."

Document background
A Stock Power Agreement is essential when transferring ownership of shares in Australian companies, whether for private transactions, corporate restructuring, or investment purposes. This document is commonly used across various business contexts where share ownership needs to be transferred from one party to another. It must comply with Australian corporate law requirements, particularly the Corporations Act 2001 (Cth) and relevant state legislation. The agreement typically includes crucial details such as the number and class of shares being transferred, consideration paid, and warranties about share ownership. It's particularly important for maintaining accurate corporate records, ensuring legal compliance, and providing evidence of the transfer for both parties and regulatory authorities. The document may require supporting materials such as board resolutions, ASIC forms, or share certificates, depending on the specific circumstances of the transfer.
Suggested Sections

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

2. Background: Outlines the context of the share transfer, including details of the company whose shares are being transferred

3. Definitions: Defines key terms used throughout the agreement

4. Transfer Details: Specifies the exact number and class of shares being transferred, and the company details

5. Consideration: States the payment or other consideration for the transfer

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

7. Completion: Details the timing and process for completing the transfer

8. Execution Requirements: Specifies the formal requirements for executing the transfer, including witnessing requirements

9. Governing Law: Specifies that Australian law governs the agreement

Optional Sections

1. Third Party Consents: Required when the transfer needs approval from the company's board, other shareholders, or regulatory bodies

2. Pre-emptive Rights Waiver: Needed when other shareholders have pre-emptive rights that need to be waived

3. Security Interests: Required when there are existing security interests over the shares that need to be addressed

4. Tax Declarations: Include when specific tax implications need to be acknowledged

5. Nominee Provisions: Required when shares are held by a nominee

6. Foreign Investment Provisions: Needed when the transfer involves foreign investors and FIRB considerations

Suggested Schedules

1. Share Certificate Details: Copy or details of the relevant share certificates

2. Company Extract: Recent ASIC company extract showing current shareholding

3. Board Resolution: Copy of board resolution approving the transfer (if required)

4. Transfer Form: Standard share transfer form complying with Corporations Act requirements

5. Supporting Documents: List of any additional documents evidencing authority to transfer

6. Payment Details: Schedule specifying payment terms and bank account details if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















Clauses























Relevant Industries

Financial Services

Legal Services

Professional Services

Banking

Investment Management

Private Equity

Corporate Services

Technology

Manufacturing

Retail

Healthcare

Mining and Resources

Real Estate

Agriculture

Energy

Relevant Teams

Legal

Corporate Secretariat

Compliance

Finance

Investment

Share Registry

Corporate Services

Mergers & Acquisitions

Corporate Advisory

Corporate Governance

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Chief Financial Officer

Investment Manager

Share Registry Manager

Director of Corporate Services

Financial Controller

Corporate Governance Manager

Legal Administrator

Investment Analyst

Corporate Advisory Manager

M&A Associate

Transaction Services 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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