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Commonly Asked Questions about Shareholder Contracts

A shareholders agreement is an arrangement among the shareholders of a company. It protects both the business and its shareholders. A shareholders agreement describes the rights and obligations of shareholders, issuance of shares, the operation of the business, and the decision-making process.
There are templates available that can help you draft your own shareholders agreement but beware of doing this! A shareholders agreement can be one of the most important documents youll ever sign, so its worth seeking professional legal assistance when drafting the document.
What to Think about When You Begin Writing a Shareholder Agreement. Name Your Shareholders. Specify the Responsibilities of Shareholders. The Voting Rights of Your Shareholders. Decisions Your Corporation Might Face. Changing the Original Shareholder Agreement. Determine How Stock can be Sold or Transferred.
Types of Shareholders: Equity Shareholder: Preference Shareholder: Debenture holders:
The shareholder agreement should contain a non-compete clause, prohibiting shareholders and Officers from participating in competitive business to the company while they remain Officers of the Company and for a period of time afterwards. It includes the dos and donts, the scope and the period of these restrictions.
If you have any questions about drafting a shareholders agreement, our experienced corporate lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents.
A shareholder agreement does not have to be in writing to be enforced unless some aspect of the agreement is subject to the Statute of Frauds (a discussion about the Statute of Frauds is beyond this page), or if the terms of the verbal agreement are so complicated and disputed that they must be explicitly written down
A shareholders agreement includes a date; often the number of shares issued; a capitalization table that outlines shareholders and their percentage ownership; any restrictions on transferring shares; pre-emptive rights for current shareholders to purchase shares to maintain ownership percentages (for example, in the