Document background
The Share Buyback Agreement is a crucial document used when an Austrian company wishes to repurchase its own shares from existing shareholders, subject to the limitations and requirements set forth in the Austrian Stock Corporation Act (AktG). This agreement is commonly utilized for various corporate purposes, including capital structure optimization, excess cash utilization, stock price support (for listed companies), or implementing employee stock ownership programs. The document must carefully address the specific requirements under §§ 65-65b AktG, including limitations on the volume of shares that can be repurchased, price restrictions, and equal treatment of shareholders. It needs to incorporate necessary corporate approvals, regulatory compliance aspects, and specific provisions depending on whether the company is listed or private. The agreement typically includes detailed mechanisms for share transfer, price calculation, warranties, and tax implications, while ensuring compliance with both corporate and securities laws applicable in Austria.
