All Countries
Capital Markets
Equity Buyback Agreement

Equity Buyback Agreement Template for New Zealand

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Equity Buyback Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Equity Buyback Agreement

"I need an Equity Buyback Agreement for my New Zealand private company to repurchase 10,000 ordinary shares from a departing founding shareholder at NZD 2.50 per share, with completion scheduled for March 15, 2025."

Celebrated by
Collaborations with
Investors
Document background
The Equity Buyback Agreement is a crucial document used when a New Zealand company decides to repurchase its own shares from existing shareholders. This typically occurs for various strategic reasons, such as returning excess capital to shareholders, adjusting the company's capital structure, or providing an exit mechanism for departing shareholders. The agreement must comply with the Companies Act 1993 and other relevant New Zealand legislation, particularly regarding solvency requirements and shareholder approval processes. It contains detailed provisions covering the transaction mechanics, purchase price determination, conditions precedent, completion requirements, and warranties from both parties. This document is essential for maintaining proper corporate governance and ensuring legal compliance while protecting the interests of all stakeholders involved in the share buyback transaction.
Suggested Sections

1. Parties: Identification of the company purchasing its shares and the selling shareholder(s)

2. Background: Context of the agreement, including current shareholding structure and reasons for the buyback

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Agreement to Sell and Purchase: Core agreement for the sale and purchase of shares, including number and class of shares

5. Purchase Price: Specified purchase price or calculation method, including any adjustments

6. Conditions Precedent: Conditions that must be satisfied before the buyback can proceed, including regulatory approvals

7. Completion: Process for completing the transaction, including timing, location, and delivery requirements

8. Seller's Warranties: Warranties from the seller regarding ownership, authority to sell, and share status

9. Company's Warranties: Warranties from the company regarding authority, solvency, and compliance

10. Confidentiality: Obligations regarding confidential information and announcements

11. Tax: Treatment of tax implications and responsibilities

12. General Provisions: Standard provisions including notices, amendments, governing law, and dispute resolution

Optional Sections

1. Shareholder Approval: Required if the buyback needs specific shareholder approval under Companies Act 1993

2. Market Disclosure: Required for listed companies subject to continuous disclosure obligations

3. Multiple Sellers: Additional provisions for coordinating multiple selling shareholders

4. Security Interest Release: Required if shares are subject to any security interests or encumbrances

5. Post-Completion Covenants: Additional obligations after completion, such as non-compete provisions

6. Drag-Along/Tag-Along Rights: Required if other shareholders have pre-existing rights affected by the buyback

Suggested Schedules

1. Share Details: Detailed description of shares being purchased, including share certificates and numbers

2. Completion Requirements: Detailed list of documents and actions required for completion

3. Form of Transfer: Template share transfer form to be used

4. Calculation of Purchase Price: If price involves complex calculations or adjustments

5. Required Approvals: List of regulatory and third-party approvals required

6. Existing Security Interests: Details of any existing security interests over the shares

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Board
Business Day
Companies Act
Company
Completion
Completion Date
Conditions Precedent
Confidential Information
Consideration
Defined Terms
Directors
Encumbrance
Financial Statements
Financial Year
Governmental Authority
GST
Insolvency Event
Law
Losses
Material Adverse Change
Notice
Parties
Purchase Price
Related Company
Relevant Interest
Sale Shares
Security Interest
Seller
Share Capital
Shareholders
Shareholders' Resolution
Shares
Solvency Test
Tax
Transaction Documents
Warranties
Working Capital
Relevant Industries

Financial Services

Professional Services

Technology

Manufacturing

Retail

Healthcare

Real Estate

Energy

Mining

Agriculture

Transportation

Telecommunications

Construction

Education

Hospitality

Relevant Teams

Legal

Finance

Corporate Secretariat

Treasury

Compliance

Risk Management

Corporate Governance

Investor Relations

Board of Directors

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Corporate Lawyer

Company Secretary

Financial Controller

Board Director

Independent Director

Finance Manager

Legal Counsel

Corporate Governance Manager

Shareholder Relations Manager

Investment Manager

Treasury Manager

Compliance Officer

Risk Manager

Industries
Companies Act 1993: Primary legislation governing company operations in New Zealand, including provisions for share buybacks (sections 58-65), maintenance of capital, and procedural requirements for share repurchases.
Financial Markets Conduct Act 2013: Regulates financial markets and securities transactions, including disclosure requirements and fair dealing obligations in relation to share transactions.
Contract and Commercial Law Act 2017: Provides the legal framework for contract formation, interpretation, and enforcement in New Zealand.
Income Tax Act 2007: Governs the tax implications of share buybacks, including potential dividend treatment and tax consequences for both the company and selling shareholders.
Takeovers Act 1993: May be relevant if the buyback could affect control percentages or trigger takeover provisions, particularly in listed companies.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Shadow Equity Agreement

A New Zealand-compliant agreement granting synthetic equity rights that provide economic benefits of share ownership without actual share issuance.

find out more

Agreement For Future Equity

A New Zealand-governed investment agreement that provides rights to future equity in a company, commonly used for startup funding under NZ law.

find out more

Business Equity Agreement

A New Zealand-governed agreement establishing terms for business equity investment, including share allocation, shareholder rights, and governance structures.

find out more

Equity Compensation Agreement

A New Zealand-governed agreement outlining terms for granting equity compensation to employees or contractors, including vesting conditions and regulatory compliance requirements.

find out more

Sweat Equity Contract

A New Zealand-governed agreement establishing terms for services provided in exchange for company equity instead of monetary compensation.

find out more

Equity For Services Agreement

New Zealand-governed agreement for the provision of services in exchange for company equity, including service terms and equity compensation structure.

find out more

Equity Incentive Agreement

A New Zealand law-governed agreement outlining terms for granting company equity incentives to employees or eligible participants, including vesting conditions and exercise rights.

find out more

Equity Release Agreement

A New Zealand-compliant agreement allowing homeowners to access property equity while retaining residency rights, with built-in consumer protections.

find out more

Phantom Equity Agreement

A New Zealand law-governed agreement establishing synthetic equity rights that mirror share value without transferring actual ownership.

find out more

Employee Equity Agreement

A New Zealand-governed agreement establishing terms for employee equity ownership, including share grants, vesting conditions, and shareholder rights.

find out more

Private Equity Subscription Agreement

A New Zealand-governed agreement detailing terms and conditions for private equity investment through share subscription in a target company.

find out more

Equity Buyback Agreement

A New Zealand law-governed agreement for a company to repurchase its own shares from existing shareholders, including terms, conditions, and regulatory requirements.

find out more

Equity Investment Agreement

A New Zealand-governed agreement setting out terms for equity investment in a company, including share issuance, investor rights, and company obligations.

find out more

Employee Stock Options Agreement

A New Zealand-compliant agreement outlining terms for granting company stock options to employees, including vesting conditions and exercise rights.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.