Fix issue in the Share Entrustment Agreement

Aug 6th, 2022
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How to fix issue in the Share Entrustment Agreement

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hello I am Jaspreet Potter a solicitor in the corporate commercial at IBB solicitors a shareholders agreement is a contract entered into between a company and some or all of its shareholders the purpose of such an agreement is to govern the relationship between the parties including personal rights and obligations of shareholders together with the articles of association of the company the two contracts create internal rules which the company is shareholders have to abide by the whole point of the shareholders agreement is to avoid disputes in the future and should they arise the agreement would determine how such a dispute is to be resolved its prudent to put a shareholders agreement in place from the outset ie as soon as the company has been incorporated or has started to trade because its easier for the parties to agree in focus on such matters at this stage when they have the time as opposed to when the business is up and running this is a much quicker and easier option than tryi

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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.
If you want to get out of a shareholder agreement then you need to read the Put/Call Option closely in many shareholder agreements the call option means the shares have to be sold for a certain price, while the purchase options might involve discounts for existing shareholders.
Some of these issues include: Rights and obligations of shareholders: The shareholder agreement typically outlines the rights and obligations of shareholders, including voting rights, board representation, and information rights.
If all else fails and a breakthrough cannot be achieved in any other way, the shareholders could refer the matter to the court to resolve the dispute or potentially order a winding up of the company. This is a costly option, and some cases can take years to get to trial.
A shareholder cannot be compelled to sign a shareholders agreement. Each shareholder should enter into it voluntarily.
Since a shareholders agreement establishes the relationship between the shareholders, without one, you are exposing both shareholders and the company to potential future conflict. This is particularly true in situations where the voting shares in a company are held equally (50% each) by just two people or companies.
There is little in the Companies Act to help two directors/shareholders who are locked in a 50:50 dispute. It is not possible to take steps to remove a director or force a transfer of shares, so an alternative solution will need to be sought. The best way to resolve matters is generally by negotiation or mediation.
Take legal advice before making such a decision. Go to court. If all else fails and a breakthrough cannot be achieved in any other way, the shareholders could refer the matter to the court to resolve the dispute or potentially order a winding up of the company.

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