A shareholders agreement manages the relationship between the shareholders. It is a document that should be drafted and agreed as soon as possible after the incorporation of your company. The drafting of such an agreement will focus the minds of the individual shareholders to ensure that the agreement reflects how decisions are to be made, how shares are to be transferred, how the company may be sold, restrictions on exiting shareholders not to set up in competition and how any issues can be resolved. This names but a few of the areas a shareholders agreement will look at.
We look at the same time to dovetail your articles of association with your shareholders agreement. If someone breaches the shareholders agreement then that is a simple breach of contract claim but if they are to breach the articles of association, then the action they have taken can be unwound.
All of the above means doing your homework up front. Some of the issues will be easy to identify and resolve, but many may not be. You’ll need someone who has experience of these issues to guide you through the process and make sure that every eventuality is considered and planned for.
We’ll take time to understand the commercial realities of what you are trying to achieve as well as to explain what the law says on the subject.
We’ll provide clear advice and practical solutions, not merely a list of problems and pitfalls.