Change attribute in the Shareholder Rights Agreement effortlessly

Aug 6th, 2022
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How to Change attribute in the Shareholder Rights Agreement

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Hello everyone! Today we are going to talk about How to draft a Shareholders Agreement? Shareholders agreements only apply to companies with more than one shareholder. So if you have a company that has two or more shareholders you should look at putting in place a shareholders agreement. So what is a shareholders agreement? Well as this slide says its a contract between the shareholders that sets out the rights and responsibilities of the shareholders. Generally a shareholders agreement can cover things like, How many shares do each shareholder? or Does each shareholder own. It could set out whether there are different classes of shares and if so the rights and responsibilities that are applicable to each different share class. Often though the constitution can also set out the share class information, so thats not necessarily in a shareholders agreement but can be in there. A shareholders agreement can set out whether or not the company is able to issue additional shares in the fut

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A shareholders agreement is a contract between the shareholders and the company. Like any contract, it is possible to amend shareholders agreements and update them as circumstances change within a company.
You can vary the shareholders agreement by a document signed by all the parties. In contrast, a Constitution can generally be amended by a resolution passed by a 75% majority.
Shareholders with 10% of a companys nominal share capital between them can request a full audit of the companys accounts. Those with 15% can prevent changes to the rights attaching to shares, which can stop amendments that would unfairly prejudice the minority shareholders.
Process for Variation of Shareholders Rights Obtain the consent of more than three-fourths of shareholders of the issued shares of that class or pass a special resolution at the separate meeting of the shareholders of the issued shares of that class for variation of shareholders rights.
Provisions in a shareholders agreement can be amended by simply having the shareholders agree to the terms of the amendment in writing. Shareholders do not need to sign an entirely new agreement to make an amendment. They can simply sign a deed of variation.
(5) Where any default is made in complying with the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term
In general, a company must treat all shareholders equally; however, if a company has different classes of shares, a company can differentiate between the classes. For example, a company may declare a dividend to only one class of shareholders to the exclusion of other share classes.
Examples of variation of class rights include variation of the modification of rights clause (s. 74(7) Companies Act (Cap 50)), the issue by a company of preference shares ranking pari passu with existing preference shares (s. 74(6) Companies Act (Cap 50)).

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