Pro Tips – Shareholders Agreements

When deciding to partner in business as equity shareholders, it is important to regulate the relationship. 

A solid Shareholders Agreement should include important aspects such as confidentiality, conflicts of interest, valuation of shares and exit.

The agreement helps regulate a constructive relationship between partners so as to allow the business to grow and scale safely.

A well drafted agreement should contain:

  1. Clear and Comprehensive Terms: A good shareholders agreement should clearly outline the rights, responsibilities, and obligations of all parties involved. It should cover essential areas such as the transfer of shares, dispute resolution mechanisms, and exit strategies. The agreement should be written in clear and unambiguous language, ensuring that all shareholders have a solid understanding of their rights and obligations.
  2. Fair and Balanced Protection: A well-drafted shareholders agreement should provide fair protection to all shareholders, balancing the interests of majority and minority shareholders. The agreement should also address mechanisms for resolving conflicts and disputes, ensuring that all shareholders have an opportunity for a fair resolution.
  3. Flexibility and Adaptability: A good shareholders agreement should be flexible and adaptable to accommodate future changes and growth of the company. It should include provisions that allow for amendments to the agreement as needed, considering factors such as the introduction of new shareholders, changes in ownership percentages, or the company’s strategic direction. By providing a framework for future adjustments, the agreement can ensure the long-term viability and effectiveness of the shareholders’ relationship.

 

Shareholders can be a critical part of business success, and understanding how to manage the relationship is crucial. If you would like to master how to deal with potential shareholders, then our on-demand tutorial on shareholder agreements is for you. This session will empower you with a clear understanding of the nature of a Shareholders Agreement, unpack its contents in plain language, identify potential pitfalls to watch out for and share the latest best practice.

This tutorial was developed to upskill busy entrepreneurs wanting to limit the risk between shareholders and avoid foreseeable disputes.

Not only will attendees from this session have the knowledge to negotiate better agreements while keeping themselves and their businesses safe, but they will also receive a professionally drafted complimentary Shareholders Agreement from Contracts4Biz. 

Attendees also join SchoemanLaw Inc.’s support network and receive a free 10-minute consultation with one of their expert attorneys.

 

author avatar
Nicolene Schoeman-Louw

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