During acquisition of certain part of a company’s shares or establishment of a new company, the major SHA discussions happen around the restriction which will be applied for share transfers.
Limitation Of Liability In Share Purchase Agreements
Under share purchase agreements (“SPA”), the parties may envisage many different liability mechanisms based on the freedom of contract principle.
Share Transfers Subject to Permission of Administrative Institutions
Share transfer is a procedure regulated by the Turkish Commercial Code in which all rights and obligations transfer to the assignee; in case of limited liability companies transfer procedure is subject to registration and in case of joint stock companies transfer procedure varies depending on whether the share is connected to the bond or not.
Ad-Hoc And Institutional Arbitration On Investment Agreements
The investors mostly invest high amount of capital under an investment project and therefore they seek to secure themselves and their investments by contractual provisions which include arbitration clause.