This form was written only for general information purposes. This is not legal advice, advertising, solicitation or tax advice. The transmission of this form and the information it contains is not intended to create a legal and client relationship, and their receipt does not constitute a legal and client relationship. You should not rely on this document or information for any purpose without seeking the assistance of a properly authorized lawyer, including, but not limited to, the verification and advice on the terms of this form, the necessary authorizations in connection with the transactions provided for in this form and all the securities laws and other legal matters provided in this form. In general, the main reason the spouse must sign the share of a share purchase agreement is to reduce the risk that a spouse (or, more likely, an ex-spouse) may attempt to assert an interest in the shares and compromise the terms of their issuance, which can lead to difficulties in a business. However, in practice, most AM consultants will get the consent of the seller`s spouse, even if they are not additional personal titles. Indeed, given that there is very little case law in this area, it is not clear to what extent the Tribunal will expose and apply this provision. Most of the time, the spouse will give his consent through a separate document that the seller gives to the buyer when signing the share purchase agreement or when the transaction is concluded. In this document, the seller`s spouse states that he is informed of the (conditions of the) transaction and confirms that the transaction does not harm the family interests.
Alternatively, the seller`s spouse may also co-ordate the share purchase agreement for approval. Companies that grant stock options know that there are major challenges that have maintained their existence throughout the life of these types of agreements. Among them: how… Read more Finally, Article 224, No. 1, 4 Belgian Civil Code, protects only married persons, not roommates of law or de facto. This means that sellers who are not married but who live together legally or objectively do not need their partner`s consent. The spousal consent form for a company, is intended to be signed by the spouse of the shareholder or by the shareholder, who confirms that they are not married. Under the right to marry, spouses are encouraged to sign the share contracts signed by the other spouse. Certain Clerky products, which are the issuance of shares, may allow the spouse of the beneficiary of the shares to be linked to the document as a party.