Shareholders Agreement: 3 or more shareholders

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SHAREHOLDERS AGREEMENT – 3 OR MORE SHAREHOLDERS

Summary
This Shareholders Agreement may be considered for the mutual protection of shareholders in a private company, and strives to ensure that all the shareholders understand their respective rights and obligations in relation to each other. 

Note: When Shareholders sign a Shareholders Agreement, a working knowledge of the Companies Act is required and an expert’s advice should be sought.

More information
Why do I need a Shareholders Agreement?
A Shareholders Agreement, amongst other things strives to set out the procedure to be followed if a shareholder wishes to sell his/her shares, if there is a deadlock in the decision-making, if a shareholder is sequestrated or commits a breach, and policies regarding loan accounts.

What type of business should use a Shareholders Agreement?
If your business is a private company with three or more shareholders, this Agreement may be considered for use between the shareholders. 

What does the Shareholders Agreement say?
The Agreement consists of:

  • Definitions and Interpretation
  • Introduction
  • Articles of Association
  • Working Capital
  • Loan Accounts and Indebtedness
  • Guarantees
  • Directors
  • Shareholders
  • Value of Shares and Claims
  • Pre-emptive Rights
  • Come Along
  • Tag Along
  • Transfer of Shares to Family
  • Forced Sales
  • Notices
  • Confidentiality
  • General

What does the Shareholders Agreement look like?

  • The agreement can be printed onto eight A4 pages.

What do you need to do to use the Shareholders Agreement?

  • Read the document to ensure that it suits your requirements. Complete the requisite sections, making changes or adding additional shareholders as required.
  • Ensure all the shareholders sign the Agreements with each Shareholder getting a copy of the final, signed agreement.

Disclaimer
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