At the beginning of a new business relationship, it is often difficult to anticipate a scenario in which counterparties are down or have difficulty making decisions. Unfortunately, there may be differences of opinion and trying to agree on the provisions that should apply if you are down, if you have already fallen, is almost impossible. It is easier to formalize the approach that is chosen when the relationship becomes furious at the beginning of the relationship than to risk waiting for disagreements to consolidate. Even if there is no legal obligation of a formal shareholders` agreement, any company with more than one shareholder is well advised to have one. Shareholder agreements ensure that the management of the company and the responsibilities of the shareholders are well thought out, that there is clarity and certainty about what can and cannot be done, and decisions are made by consensus and discussion. This will reduce the risk of conflict between shareholders and the company will be managed smoothly and profitably. In the event that a shareholder attempts to leave the company, the remaining shareholders may wish for restrictions on the ability of outgoing shareholders to create or work on a competing company. These restrictions can be stricter than in any employment contract and can be very valuable in protecting the company`s interests in the future. It is possible that the content of the partnership agreement overlaps with other company documents, including the articles of association. The articles of association will include, for example, provisions relating to decision-making and the transfer of shares, and in another article we looked at what investors should pay attention to in a company`s articles of association. The agreement will contain specific, important and practical rules concerning the company and the relationship between shareholders. This can be beneficial for both minority and majority shareholders.
This article explains what a shareholders` agreement is and why you should have one. Does your BV have several shareholders? If so, you may need a shareholders` agreement. In this document, you document the mutual agreements between the shareholders.