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 a notary 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 17.08.2018

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