Shareholders Agreement
Shareholders Agreement
A Shareholders Agreement is a legal contract between the shareholders of a company. It sets out the rights, responsibilities and obligations of the shareholders, and regulates the management and governance of the company.
A Shareholders Agreement typically includes the following key elements:
- Ownership and transfer of shares: The terms and conditions of the ownership and transfer of shares, including the rights and obligations of the shareholders, restrictions on the transfer of shares, and the process for buying and selling shares.
- Management and governance: The rights and responsibilities of the shareholders in relation to the management and governance of the company, such as the appointment of directors, the rights to information, and the decision-making process.
- Capital contributions: The terms and conditions of the capital contributions of the shareholders, such as the amount of capital required, the timing of the contributions, and the rights and obligations of the shareholders in relation to the capital contributions.
- Dividends and distribution of profits: The terms and conditions of dividends and the distribution of profits, such as the rights of the shareholders to dividends, the timing of dividends, and the distribution of profits.
- Dispute resolution: The process and mechanism for resolving disputes between the shareholders, such as mediation, arbitration, and the rights of the shareholders to take legal action.
- Exit rights: The terms and conditions of the exit rights of the shareholders, such as the right to sell shares, the right to force a sale, and the process for valuing the shares.
It is important to note that Shareholders Agreement is a binding contract between the shareholders and the company, and it is enforceable by the court. It is a useful tool to regulate the management, governance, and ownership of a company, and to protect the interests of the shareholders. It is advisable to consult an experienced corporate lawyer to help draft and review a Shareholders Agreement that is tailored to the specific needs of the company and its shareholders.