Any company holding a shareholder needs a shareholder pact. Even if your business is private (no shares sold to the public) and is closely linked to a small number of shareholders, it is important to have an agreement. Small private companies often use these agreements more than large state-owned enterprises. A shareholders` pact focuses on the coordination of the shares as well as the conditions and guarantees of these shares. The objective is to define the rights, obligations and obligations of the company and shareholders, as well as their relationships. You should save a copy of this agreement in your head office with your other business files. In the first part of the agreement, the company should be identified and identified as one party and the “shareholders” as the other party. The agreement should provide that shareholders are entitled to regular (usually quarterly) reports and an annual report. The date and time of this annual meeting may also be indicated.
PandaTip: This section ensures that shareholders have the same expectations about when they can withdraw money from the company and ensure that distributions do not compromise the company`s financial needs. If a shareholder does not implement, he or she can be soggy as a shareholder and any transfers he makes would be null and void. CET ACCORD, dated [ACCORD DATE] is concluded among the following persons, who constitute all current shareholders of [CORPORATION] (“Corporation”): The manner in which directors and board members are elected should also be described in the agreement. It describes the measures on which shareholders can vote and the need for a two-thirds majority or majority. For example, shareholders may vote on this: a shareholder`s right to participate in an external transaction may be indicated in the agreement. PandaTip: Change based on the number of shareholders; Sometimes there are only two. Shareholder contracts are legally binding contracts and should be prepared by a lawyer to ensure that they can be brought to justice by state laws. PandaTip: This can be a common topic for shareholder disputes, everyone thinks the other doesn`t work hard enough, always overpaid, etc. The use of detailed employment contracts or the placement of these conditions here can help defuse future disputes. The shareholders` pact could contain a section stipulating that the parties agree to waive a jury and settle all disputes through arbitration. Arbitration should be discussed in detail and may be in its own subsection. PandaTip: The distribution or resale of shares outside may be accompanied by a large number of legal provisions that this agreement does not seek to address, which is why this clause is important.
Shareholder agreements, like other contracts, are governed by state laws. The agreement should contain a declaration that it must be regulated and enforced in accordance with state laws, regardless of which state needs it. The agreement allows transfers to other parties, but they must first recognize the terms of the agreement.