The agreement binding on all shareholders

The shareholders’ agreement is essential for preventing disputes between the different partners in a company. This agreement is not governed by law.

Whenever several parties are involved in a company, which is the case for a corporation, the situation needs to be clarified. This can be done by means of a shareholders’ agreement. This type of contract, which clarifies relationships between shareholders outside the context of the articles of association, is not a legal requirement.

There are no examples of standard contracts, as relationships vary between one company and the next. However, you should seek advice from an experienced attorney when drawing up the contract.

In principle, the shareholders’ agreement should contain the following points:

  • Right of refusal, right of preemption, purchase obligation
  • Right to repossess
  • Type of vote (e.g. per head rather than per share)
  • Provisions governing the constitution of the general meeting
  • Rights of veto, clause applying in the event of a tie
  • Representation

Last modification 23.02.2023

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