Articles of Association: pre-emption (share transfer)

Pre-emption rights on the transfer of shares, giving existing shareholders the right of first refusal on a proposed transfer of issued shares in the company.  In the form of standalone paragraphs to be included in the company’s Articles of Association.

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When do I use this document?

  • for shareholders to have rights of first refusal on a proposed transfer of existing shares
  • for inclusion in the company’s existing Articles of Association
  • for a private limited company incorporated in England and Wales
  • in conjunction with a shareholder resolution to amend the Articles of Association see

What are the key features?

  • general prohibition on share transfers unless otherwise provided in the Articles of Association
  • provision for transfers to related parties to be permitted as exceptions to the pre-emption rights
  • pre-emption rights offer and acceptance process 

What other documents are available?

For pre-emption rights on the issue of new shares, see

When do I use this document?

  • for shareholders to have rights of first refusal on a proposed transfer of existing shares
  • for inclusion in the company’s existing Articles of Association
  • for a private limited company incorporated in England and Wales
  • in conjunction with a shareholder resolution to amend the Articles of Association see

What are the key features?

  • general prohibition on share transfers unless otherwise provided in the Articles of Association
  • provision for transfers to related parties to be permitted as exceptions to the pre-emption rights
  • pre-emption rights offer and acceptance process 

What other documents are available?

For pre-emption rights on the issue of new shares, see

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Updated by a lawyer on 12/09/2024

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