In addition, shareholder agreements often provide that some of the issues that shareholders deal with with each other and with the company, how and when they can transfer their shares, are better dealt with in the company`s statutes. This is because a shareholders` pact is a contract between the shareholders and, as such, any counter-measure may give rise to a right to reparation, but generally does not impair the validity of the impudment. For example, a transfer of shares in violation of a shareholders` pact is generally a perfectly valid and legal transfer, even if other shareholders are entitled to an infringement. The claim is of value to other shareholders only if they have suffered a loss, as the normal remedy in the event of an infringement is compensated for the losses caused by this offence. A shareholders` agreement is made to protect both the company and its shareholders. It ensures that shareholders are treated fairly. It can also be beneficial to minority shareholders who generally have limited control over the activity. First, a shareholders` pact is only an agreement between two or more owners of shares of a company. A shareholders` pact generally defines who owns the shares, who will be a director and officer of the company, how the company will be managed and financed, and how to transfer or sell shares. However, there is no legislation defining what is needed in a shareholders` pact. While these agreements often deal with similar matters, a shareholders` pact can be as short and simple or long and complex as shareholders or circumstances require. A size doesn`t suit everyone! Minority shareholders are those who hold less than 50% of a company`s shares. Since the activity of most companies follows the majority vote, minority shareholders generally have little control over the transaction.
Legislation has been established to protect the interests of minority shareholders; However, protection is limited because it can be costly or virtually difficult to implement. Second, shareholder agreements provide not only the way the business is managed in the present, but also how owners agree to deal with certain future events. Such future events could include: inability to work for health reasons; Voluntary departures Intergenerational transmission during or after an owner`s lifespan and different exit strategies (guns; buy-outs; Put; Phone calls etc.). Shareholder agreements can be used to clarify the current relationship between owners and to plan them for the future. For small and medium-sized businesses, the relationship between owners is the foundation on which the business is founded and operates. Owners must have confidence that everyone is fulfilling their respective obligations to make the business a success for all. As a marriage, the relationship usually begins well with the fact that all parties work with the same understanding and common goals. However, the change in time and life can affect the owner`s priorities and commitment to business and relationships with other owners. If there is no shareholders` pact as long as shareholders agree on how the company`s business is managed and the relationship between the company and the company is satisfied, no problem is likely. But when these things collapse, there are few things in the general law that can help a lot – often, the solution is drastic and causes the company to cease to exist, or that shareholders are involved in long and costly legal disputes.