Abstract [eng] |
In the master paper the transaction on sale – purchase of the controlling block of shares of the close company as a way of the acquisition (sale) of the business is analysed. The pre-contractual relations of the parties as well as the provisions of the agreement on the sale – purchase of the shares itself are examined in the paper. The agreement on sale – purchase of the shares is analysed as a form of the agreement standardised by the practise. While analysing the aforementioned transaction, the origin, legal meaning and place in the legal system of Lithuania of the specific institutes of the transaction as well as of the agreement are examined. In the paper the valuation and legal qualification of the letter of intent, the description and meaning of the due diligence are also presented, the subject matter of the agreement on sale – purchase of the shares is analysed, the description and valuation of the ways of stipulation of the payment and settlement are presented, the origin of the representations and warranties, it’s meaning in the agreement on sale – purchase of the shares as well as the place in the legal system of Lithuania is presented, the closing of the transaction is analysed and the qualification which Lithuanian legal institute stands for the term of closing of the transaction in the agreements on sale – purchase of the shares, and evaluation of the legal meaning of the conditions precedent is presented. |