Another concern is where a minority shareholder could transfer its shares to anyone. This could create problems for other shareholders, especially if the sale is made to a competitor or someone else who does not want to involve other shareholders in the company. But conversely, forcing a disgruntled shareholder to stay can create more problems than having a new unknown shareholder interested in the success of the company. All shareholders must agree to make business prosper. To overcome these problems, shareholder agreements often contain rules on share sales and transfers – to whom shares can be transferred, under what conditions and at what price. Investors can postpone discussion of a shareholder pact in order to stick to the important role of creating the company. Although they may intend to return later, when there is more time, the opportunity cannot arise and something else is always a priority. Even if they resume it later, shareholder expectations and feelings about the transaction may have diverged by then, making it more difficult for them to accept the terms to be included in the shareholders` pact. These are just a few of the general sections that are often included in shareholder agreements. Depending on the company, you will more or less need to sketch information in the agreement. It is important that the shareholders` pact be sufficiently comprehensive and detailed so that all parties involved clearly understand their role. A lawyer can help you create one that is appropriate for your business.
These agreements are internal documents that can be used in the company. You should save a copy of this agreement in your head office with your other business files. Any company holding a shareholder needs a shareholder pact. Even if your business is private (no shares sold to the public) and is closely linked to a small number of shareholders, it is important to have an agreement. Small private companies often use these agreements more than large state-owned enterprises. A shareholder contract is a contract that defines obligations, rights and protection between shareholders. This contract generally defines agreements relating to corporate shares, shareholder protection, governance and management. A shareholder contract resembles a partnership agreement or an LLC enterprise agreement – all of these documents are agreements between owners.