Legal Question in Business Law in Cyprus

Dear Lawyers,

I would appreciate you for help with the question below.

In perfomance of the Share purchase agreement my company transacted shares to the Purchaser (a Cyprus company). However, the Purchaser breaks the contract - he doesn't make a money transfer for more than a year since he was obliged to do so.

Acording to the Cyprus Law, is it possible for Seller to rescind the contract by a written notice and sue the Purchasor in order to get the shares back, or it is neccesary to ask for rescission by court first?

I would highly appreciate if you could respond as soon as possible.

Kind regards, Anastasia


Asked on 5/14/15, 7:15 am

2 Answers from Attorneys

Α.Α. Antoniou Anastasios Antoniou LLC

Dear Anastasia,

Thank you for your question, which we are delighted to address on a non-obligations basis.

In order to advise as to whether rescission is possible we would need to review the SPA discussed. There may be a number of legal options available in this matter, including, without limitation, severally or jointly:

(a) enforcing the SPA to receive the funds due to the Seller;

(b) rescinding the SPA, which would revert the parties to the status quo ante and revert the Shares to the Seller;

(c) attending to Court for a rectification of the Shareholders Register;

(d) attending to Court of an injunction freezing the amount due to the Seller in bank accounts of the Purchaser in any jurisdiction (if the legal conditions are met).

As mentioned, we would need to review the SPA discussed to advise on the particular options available to the Seller.

We can do this on a non-obligations basis, please do send the SPA to us at [email protected] or [email protected]. You can rest assured that our firm, top-tier ranked by the Legal 500, abides by the strictest lawyer confidentiality and privilege rules.

Kind Regards,

Fanny Maria Papageorgiou

for Anastasios Antoniou LLC

www.antoniou.com.cy

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Answered on 5/14/15, 7:24 am
Α.Α. Antoniou Anastasios Antoniou LLC

Dear Anastasia,

Are you in receipt of the above response? Should we expect to receive the requested information at our secure email address provided?

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Answered on 5/15/15, 3:03 am


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