Equity Transfer Agreement Template for South Africa

1. Regulatory Approvals: Required when the transfer needs specific regulatory approvals (e.g., Competition Commission)

2. Security Arrangements: Used when the purchase price is paid in installments or there are other security requirements

3. BEE Provisions: Required when the transfer affects the company's BEE status

4. Exchange Control: Necessary when any party is non-resident or foreign exchange controls apply

5. Right of First Refusal Waiver: Required when existing shareholders have pre-emptive rights that need to be waived

6. Post-Completion Obligations: Used when there are specific actions required after the transfer

7. Restraint of Trade: Included when the seller needs to be restricted from competing

8. Tag-Along/Drag-Along Rights: Required in partial transfers where remaining shareholders' rights need to be addressed

1. Share Details: Detailed description of the shares being transferred, including share certificate numbers and class rights

2. Company Information: Key details about the company including shareholding structure, directors, and financial position

3. Warranties: Detailed warranties and representations, often separated from main agreement for clarity

4. Required Consents: List of third-party and regulatory consents required

5. Completion Obligations: Detailed list of actions and documents required for completion

6. Purchase Price Calculation: Detailed methodology for calculating the purchase price if complex

7. Encumbrances: List of any existing encumbrances on the shares

8. Related Agreements: Copies or summaries of related agreements affecting the transfer