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How to Underline Shareholder Rights Agreement

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hello and welcome ladies and gentlemen my name is Samir Shah and Im an m a partner in Japans Corporal Termini group welcome once again to this the seventh edition of our M A Academy program we are now more than halfway through our program for the year and we do feel that it has been received very well our registrations have progressively increased with each webinar and registrations for this webinars and 50 higher than when we first started out the MLA Academy as you know provides foundational legal language and understanding on M A transactions and processes to corporate Executives in-house legal teams and Other M a ecosystem participants alike and all of it in a corporate style training environment our subject today is shareholders agreement structure and key terms in earlier webinars we discussed acquisition structures diligence and risk mitigation and in the last webinar sarthak spoke about joint ventures both contractual and Equity joint ventures so far as Equity joint ventures

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What is the purpose of a shareholders agreement?

A shareholders agreement is an agreement entered into between all or some of the shareholders in a company. It regulates the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders. They also govern the way in which the company is run.

What are shareholder rights?

Common shareholders are granted six rights: voting power, ownership, the right to transfer ownership, dividends, the right to inspect corporate documents, and the right to sue for wrongful acts.

What is the most important aspect of a shareholders agreement?

The shareholders agreement should detail how a shareholder can sell his shares (how they exit). This should be clear in terms of process, notices, time-lines, valuation and method. The valuation of shares is extremely important and should be carefully considered.

Does a shareholder agreement need to be signed by all shareholders?

A shareholders agreement also makes clear how much the shares are worth and if a corporation is obliged to purchase the shares of the former shareholder. All shareholders have to sign the shareholders agreement. It is recommended that someone witness the signing of a shareholders agreement.

Is a shareholder agreement necessary?

When a corporation is created and more than one person will be investing money into the company, a shareholders agreement is essential. This document should be drafted and signed right when a corporation is formed to avoid any issues or confusion when setting up the company.

What is the difference between SHA and AOA?

Schedule I of the Companies Act, 2013 provides forms for Articles of Association (AOA) and tables F is of a company limited by shares. Shareholders Agreement (SHA) is an agreement prepared at the option of investors, unlike the Articles which is mandatory document.

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