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Stock Gift Agreement Template for Australia

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Key Requirements PROMPT example:

Stock Gift Agreement

"I need a Stock Gift Agreement to transfer 10,000 ordinary shares in my technology startup to my daughter as part of our family succession planning, with the transfer to be completed by March 2025, including necessary provisions for ASIC compliance and tax implications."

Document background
A Stock Gift Agreement is utilized when shares in a company need to be transferred as a gift, without any payment or consideration. This document is commonly used in Australia for family succession planning, estate planning, charitable donations, or corporate restructuring. The agreement must comply with Australian corporate law, particularly the Corporations Act 2001 (Cth), and address relevant tax implications under the Income Tax Assessment Acts. It typically includes details of the shares being transferred, representations about ownership and authority to transfer, tax acknowledgments, and necessary corporate approvals. The document is crucial for maintaining clear records of share ownership changes and ensuring compliance with regulatory requirements, including state-specific stamp duty obligations and ASIC reporting requirements.
Suggested Sections

1. Parties: Identification of the donor (gift-giver) and recipient of the shares

2. Background: Context of the gift, relationship between parties, and purpose of the transfer

3. Definitions: Key terms used throughout the agreement including Company, Shares, Transfer Date, etc.

4. Gift of Shares: Clear statement of the gift, number and class of shares being transferred, and confirmation of no consideration

5. Donor Representations and Warranties: Warranties regarding ownership, authority to transfer, and absence of encumbrances

6. Transfer Requirements: Procedures and documentation required to effect the transfer

7. Tax Acknowledgments: Statements regarding tax implications and responsibilities

8. Costs: Allocation of transfer costs, stamp duty, and professional fees

9. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Recipient Acknowledgments: Used when recipient needs to acknowledge specific conditions or restrictions attached to the shares

2. Corporate Approvals: Required when company constitution or shareholders agreement requires specific approvals for share transfers

3. Foreign Investment Declarations: Needed when recipient is a foreign person under FIRB regulations

4. Spousal Consent: Required in cases where the donor is married and local law requires spousal consent

5. Trust Provisions: Used when shares are being gifted to or from a trust structure

6. Shareholder Rights: Include when need to specify any special rights or restrictions that come with the shares

Suggested Schedules

1. Share Details: Schedule detailing the number, class, and identifying numbers of shares being transferred

2. Transfer Form: Standard share transfer form as required by the company and relevant regulations

3. Company Information: Details of the company whose shares are being transferred, including ACN and registered office

4. Required Consents: Copies of any required corporate or regulatory approvals

5. Existing Shareholders Agreement: Summary of relevant provisions from existing shareholders agreement affecting the transfer

Authors

Alex Denne

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

Relevant legal definitions


























Clauses






















Relevant Industries

Financial Services

Family Business

Professional Services

Technology

Real Estate

Manufacturing

Retail

Healthcare

Mining

Agriculture

Education

Non-Profit Organizations

Start-ups

Private Equity

Relevant Teams

Legal

Finance

Corporate Secretariat

Tax

Compliance

Corporate Governance

Executive Leadership

Wealth Management

Trust Administration

Relevant Roles

Company Secretary

Corporate Lawyer

Legal Counsel

Tax Advisor

Accountant

Chief Financial Officer

Estate Planning Attorney

Compliance Officer

Board Director

Chief Executive Officer

Corporate Governance Officer

Financial Controller

Business Owner

Wealth Manager

Trust Administrator

Industries







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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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