Share Sales for Australian Business Owners and Investors
Selling shares in your company can help you realise the value you’ve built, transition your business to new owners, or implement a succession plan, but it carries significant legal, tax, and financial considerations. At Enterprise Legal, our highly experienced team advises clients across Australia on share sales, ensuring you’re protected at every stage of the transaction.
Selling shares is very different from selling business assets. When you sell shares, you’re transferring ownership of the entire company, including its assets, contracts, liabilities, and legal obligations. Whether you’re selling to unrelated buyers, family members, or employees, it’s crucial to structure the deal carefully to protect your interests, minimise tax impacts, and avoid future disputes.
We work closely with your accountant and other advisers to ensure your share sale is legally compliant, tax-effective, and commercially successful.
Most of our share sale services are offered on a fixed or capped-fee basis, so you know your costs upfront. And you can easily book your initial appointment online to get started.
What We Help With
- Share Sale Agreements: drafting and negotiating agreements that clearly define what’s included in the sale, warranties, and payment terms
- Disclosure Obligations: advising on information you must provide to buyers to avoid future claims
- Warranties and Indemnities: managing and negotiating terms to limit your exposure after completion
- Regulatory Compliance: including ASIC filings and updates to company registers and constitutions
- Tax Structuring: working closely with your accountant to minimise tax on the proceeds of sale
- Related-Party Share Sales: navigating family transactions for succession planning and tax efficiency
- Employee Share Sales: helping structure sales to management or employees as part of succession or incentive plans
Why Share Sales Need Specialist Advice
Ongoing Liabilities
Sellers can remain liable under warranties or indemnities in the Share Sale Agreement, even after the deal is done.
Tax Consequences
Share sales may trigger capital gains tax, GST issues, and stamp duty considerations depending on the structure.
Impact on Control and Governance
Partial share sales may change voting rights and management structures, requiring adjustments to shareholder agreements.
Family Succession Planning
Related-party share sales involve balancing family dynamics, tax impacts, and business continuity.
Employee Buyouts
Selling shares to employees requires clear documentation to protect both the business and exiting shareholders.
Integrated Legal and Financial Advice
Successful share sales require close collaboration between lawyers, accountants, and financial advisers to ensure all angles are covered.
Speak With Our Business Team
Share Sales FAQs
Sell your shares with confidence. Book your fixed-fee consultation with our experienced team online today.
