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Stock Purchase Agreement Spousal Consent

Finally, Article 224, paragraph 1, 4 of the Belgian Civil Code grants protection to only married persons, not roommates or roommates. This means that sellers who are not married but who live together legally or objectively do not need their partner`s consent. 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. As a general rule, the spouse is included for the consent of the spouse of a share purchase agreement and election form 83 (b). If the seller of the shares is a married individual, the question arises as to whether he can negotiate and sign the transfer contract himself or whether he must inform his spouse of the proposed transaction and obtain the spouse`s agreement to obtain the purchase/sale of shares. 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. [1] In accordance with art. 1401, 5th Belgian Civil Code, the Belgian civil code must be regarded as a personal asset: regardless of the time of acquisition (....) the affiliation rights related to shares of companies acquired with mutual funds and registered with the name of only one of the spouses, including the right to act as bearers of these shares, to the extent that it is a company subject to legal or legal provisions, or agreements between companies; if a company in which only the spouse concerned is engaged in a professional activity as a manager or manager. 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. With the agreement of the seller`s spouse, the buyer aims more concretely at the elimination of art.

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