Sale refers to a situation in which a shareholder wants to sell their shares and leave the company. Does the shareholder have the right to sell his shares to anyone or must he first offer to sell his shares to the remaining shareholders? You may be wondering what a shareholders` agreement is? Not to sound condescending, but it`s an agreement between the company`s shareholders – whether they`re a few shareholders or all of them. The agreement is designed to protect shareholders` initial investment in the company, determine how the company will be managed, and set fair limits for the relationship between shareholders. Essentially, a good agreement should define the rights and obligations of shareholders, protect shareholders and society, and determine the importance of the company`s decisions. When starting a business, it is important to consult a professional legal advisor who can advise you on the provisions that your contract should contain and whether your bylaws adequately protect you. There are resources you can access online, and many companies offer templates. However, if your business is complex or has large assets, it`s best to get the advice of a professional who can do the heavy design and troubleshooting work for you. This can be a useful tool, especially for small businesses that may want original shareholders to keep the shares instead of allowing outside investors and unknown people to enter. After all, you went into business with your business partner for a reason. 3) Unless there is a shareholders` agreement, the management of the company is mainly determined by the board of directors, while certain important decisions (especially everything related to ownership) must be made by the shareholders at general meetings (or by written resolution).
Therefore, an agreement is important to fully determine the basis for important decisions, to limit the power of directors, if any, and to protect the parties involved in the ownership of the corporation from the shares of others, whether minority, majority or equal shareholders. Although each document is different, a shareholders` agreement will generally cover some or all of the following: (7) The buy-sell disposition, also known as the “shotgun clause”, which allows a shareholder to offer to purchase the shares of other shareholders, subject to the right of those other shareholders to make a counter-offer to purchase the shares at the same price; Often, a company`s shares are held by the company`s key directors or employees. .