This is generally a reluctance to shareholders to operate in a competing company and a deduction that prohibits shareholders from deflating their employees or their business ties (for example. B, customers, suppliers). If you have shareholders holding stakes in a corporate structure, you must also ensure that you include their directors or key people involved in the activity in the restrictions. Yes, the shareholders` pact can be used when a company has different classes of shares, although after the execution of the shareholders` pact, all existing shares are converted into common shares. If you are a major shareholder in the company and you intend to build that business to sell to a larger company, it is also important to ensure that you have the opportunity to “hang out” with minority shareholders, so that minority shareholders must legally sell at the same selling price. We can also create “tag along” rights to protect minority shareholders, if that is your intention. An experienced lawyer would guide you through the context and also present some solutions to protect your interests in the event of an agreement. You should also think carefully about the restrictions you wish to impose (if any) on shareholders who wish to transfer their shares or leave the company. These restrictions generally protect both the interests of other shareholders and the interests of the company. In these circumstances, there are a number of risks to shareholders and the company, including dilution, sales of competitors and sales to unknown or incompetent third parties.
5) A list of important decisions that require the agreement of a certain percentage of shareholders in order for such decisions to be made. All items that are traditionally included in a shareholders` pact could be included in the articles, but there are commercial and legal reasons why shareholders prefer to use two separate documents. The following link will download a verbal document questionnaire and a checklist that I usually offer to clients to help them include the most important terms in a shareholder pact and decide: as long as you are a business owner or investor, it is only a matter of time before you have to get a shareholder pact. Finally, a shareholder contract governs the basic rules between the various shareholders. The benefits are known: a shareholder contract guarantees confidentiality, a clear structure for the business and minimizes uncertainties, for example during future acquisitions or fundraisers. The Cleardocs agreement is drafted in such a way that decisions on 13 key issues must be made by unanimous decision of the Board of Directors. It is generally recommended that commercial clauses be included in the shareholder contract in order to protect the legitimate interests of the company. This is especially important when the shareholder is involved in the day-to-day operations of the company and is familiar with its business secrets and customer relationships. The shareholder contract should have a clause dealing with events that cause a default.