Shareholder Resignation Agreement Template for Malaysia

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Key Requirements PROMPT example:

Shareholder Resignation Agreement

"I need a Shareholder Resignation Agreement for a minority shareholder who owns 15% of our Malaysian tech startup and wants to exit completely by January 2025, with a clean break and immediate full payment for their shares."

Document background
The Shareholder Resignation Agreement is a crucial document used when a shareholder wishes to exit their position in a Malaysian company. It is primarily governed by the Companies Act 2016 and other relevant Malaysian corporate laws. This document becomes necessary when a shareholder decides to resign their position, whether due to retirement, personal reasons, strategic decisions, or other circumstances. The agreement covers essential elements including the transfer of shares, payment terms, mutual releases, and ongoing obligations. It protects both the departing shareholder and the company by clearly documenting the terms of exit, preventing future disputes, and ensuring compliance with legal requirements. The document is particularly important in private companies where share transfers need to be carefully managed to maintain corporate stability and protect shareholder interests.
Suggested Sections

1. Parties: Identification of the resigning shareholder, remaining shareholders, and the company

2. Background: Context of the shareholding and reasons for resignation

3. Definitions: Key terms used throughout the agreement

4. Resignation and Effective Date: Formal resignation statement and when it takes effect

5. Share Transfer Terms: Details of the transfer of shares, including price and payment terms

6. Representations and Warranties: Statements of fact by both parties regarding their capacity and authority

7. Release and Waiver: Mutual release from future claims related to shareholding

8. Handover Requirements: Process for returning company property and documents

9. Tax Matters: Handling of tax liabilities and obligations

10. Governing Law: Specification of Malaysian law as governing law

11. Dispute Resolution: Process for handling any disputes arising from the agreement

Optional Sections

1. Non-Compete Clause: Restrictions on future competitive activities, if applicable

2. Ongoing Projects: Handling of any incomplete projects or transactions

3. Confidentiality Obligations: Ongoing duties regarding company confidential information

4. Director Resignation: Required if the shareholder is also a director

5. Employee Matters: Needed if the shareholder is also an employee

6. Intellectual Property Rights: Required if the shareholder has been involved in IP creation

7. Future Cooperation: Terms for assistance in transition or future matters

Suggested Schedules

1. Share Details: Schedule listing all shares held and their transfer details

2. Calculation of Consideration: Method and calculations for determining share value

3. Company Assets Register: List of company assets to be returned

4. Outstanding Obligations: List of any pending duties or responsibilities

5. Payment Schedule: If payment is in installments, details of payment timing

6. Required Regulatory Filings: List of necessary corporate and regulatory submissions

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Retail

Real Estate

Healthcare

Education

Construction

Energy

Transportation

Agriculture

Mining

Telecommunications

Media and Entertainment

Relevant Teams

Legal

Corporate Secretarial

Finance

Compliance

Corporate Governance

Board of Directors

Executive Management

Shareholder Relations

Corporate Affairs

Risk Management

Relevant Roles

Chief Executive Officer

Company Secretary

Corporate Lawyer

Legal Counsel

Chief Financial Officer

Finance Director

Company Director

Corporate Governance Officer

Compliance Manager

Board Member

Managing Director

Shareholder Relations Manager

Investment Manager

Business Development Director

Corporate Affairs 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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