A shareholder contract resembles a partnership agreement or an LLC enterprise agreement – all of these documents are agreements between owners. However, the shareholders` pact does not contain details of the company`s activities. A company`s statutes describe the obligations and responsibilities of the board of directors in their role of monitoring the company`s activities. The shareholders` pact is only between the shareholders. It is worth noting the ease with which a shareholder contract can be concluded and amended, contrary to the statutes and statutes. But one of its drawbacks is that there is sometimes a conflict between him and the company`s statutes and statutory documents. It can sometimes be used as evidence of monopolistic practices and conspiracy. The right of a shareholder to participate in an outside company may be indicated in the agreement. Shareholder agreements are different from the company`s statutes. If the statutes are mandatory and the management of the company`s activity, a shareholders` pact is optional. This document is often developed by and for shareholders and sets out certain rights and obligations. It can be very useful if a company has a small number of active shareholders.
In the absence of a robust shareholder pact, uncertainties and differences of opinion can arise, which can lead to disruption and costly. Where there are multiple classes of shares, multiple shareholders, share issues or transfers, the appendices of the document should be supplemented by relevant information on equity prior to the agreement, issues and/or potential transfers and equity capital in accordance with the agreement. If a shareholder is also a director, the personal benefits as a shareholder should not be consistent with the well-being of the company. An example is the fact that a shareholder wants a dividend return, but a company cannot afford it, or it is in the interest of the company to reinvest the funds. Directors have a duty to act in the best interests of the company and must not put their own interests ahead of those of the company. Directors` shareholders should ensure that conflicts are recorded in a conflict of interest register and that controls are put in place to deal with them. A well-drawn shareholder pact will facilitate this task. One of the most important things for shareholders is that they have the right to receive a percentage of the dividends declared by the group. You can also ask to check out the company`s important books and archives. If they believe that the directors or any other of the company`s senior executives are responsible for all wrongdoing, they have the right to sue. Most importantly, when the business is in liquidation, the value of all assets sold as a result of bankruptcy or dissolution should be distributed among shareholders, based on the number of shares they held.