Share sales and purchase

Buying or selling shares in a company is a significant legal and financial transaction that requires careful planning, accurate documentation, and strict compliance with New Zealand company law. Any error or omission in the share transfer process can lead to disputes, ownership uncertainty, or regulatory issues. Open The Company provides comprehensive, end-to-end support for share sale and purchase transactions, ensuring that every step is properly structured, approved, and recorded in accordance with the Companies Act 1993 and your company’s governing documents.

Whether you are onboarding a new investor, transferring shares between existing shareholders, or completing a full or partial exit from the business, we manage the process with clarity and precision. From preparing legally sound agreements to updating statutory registers and Companies Office records, we ensure the transaction is completed smoothly, transparently, and with full confidence that ownership changes are correctly reflected and legally enforceable.

What We Do

We manage the complete share transfer process in line with the Companies Act 1993, ensuring all documentation and Companies Office records are updated correctly. Our share sales and purchase service includes:

Drafting share sale and purchase agreements
Preparing share transfer documentation
Reviewing shareholder and director approvals
Updating the share register and statutory records
Filing required updates with the New Zealand Companies Office
Coordinating ownership changes with existing company constitution
Frequently Asked Questions
1. When is a share sale or purchase agreement required?
A share sale and purchase agreement is required whenever shares are transferred between parties, whether to a new investor, an existing shareholder, or as part of an exit or restructuring. It ensures the transaction terms are legally documented and enforceable.
2. Do share transfers need to be reported to the New Zealand Companies Office?
Yes. After a share transfer is completed, the company’s share register must be updated and relevant details must be filed with the New Zealand Companies Office to accurately reflect the new ownership structure.
3. Can shares be transferred if the company has a constitution?
Yes, but the transfer must comply with the rules set out in the company’s constitution. These may include director approvals, shareholder consent, or restrictions on transfers, which we review and manage as part of the process.
4. Can overseas buyers or sellers be involved in a share transaction?
Yes. Overseas individuals and entities can buy or sell shares in New Zealand companies. We ensure all documentation and filings are handled correctly, regardless of where the parties are based.
5. What risks are involved if share transfers are not handled properly?
Improperly handled share transfers can result in ownership disputes, invalid transactions, compliance issues, and future legal complications. Proper documentation and filings help protect both buyers and sellers and ensure legal certainty.

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