Question
of the week
Question of the week

Curious. Interesting. Informative.

22 June 2018

The proof is in the pudding

Companies, Trusts, Partnerships & Superannuation
Federal

Asked

Companies - Share sale agreement 

Is there any way one can register a securities/share sale agreement to help prove its existence and have it on record for evidentiary purposes at a later date if and when a dispute was to arise over the agreement?

Answered

Thank you for the question.

There is no such register. A duly executed agreement has its own evidentiary weight, supported by the ancillary documentation which typically requires:

  • Resolution of shareholders;
  • Resolution of the board;
  • Share Transfer Form;
  • Share Certificate;
  • Notification to ASIC.

Regards

Mentor