A shareholders` agreement is, as you might expect, an agreement between the shareholders of a company. It may be between all or, in some cases, between a few shareholders (for example. B holders of a certain class of shares). Its goal is to protect shareholders` investment in the company, strike the right balance between shareholders, and regulate how the business is run. In most countries, registration of a shareholders` agreement is not necessary to be effective. In fact, it is the greater flexibility of contract law compared to corporate law that offers much of the raison d`être of shareholder agreements. The preferential subscription right gives existing shareholders the right to purchase newly issued shares from the company before being sold to outside third parties. This protects existing shareholders by allowing them to retain their share in the ownership of the company. The disadvantages of subscription rights are that they can lead to long delays in the sale of shares and can discourage demanding institutional investors from investing, as they can benefit from a proportionate stake lower than they want in the exercise of the subscription right. In addition, shareholder agreements often provide that when you start a business with close friends, you may not see the need to enter into formal agreements, given that the business is based on trust and friendship. Regardless of the reasons for the creation of the company, a shareholders` agreement is an important basis for any business relationship and is used for the benefit of all shareholders, while everyone agrees on how to protect their interests and how the business operates. It allows you to address issues at an early stage and can help avoid inconvenient and costly litigation further down the line. This depends, as described above, on the number of shareholders and their respective holdings.
However, the main provisions to be taken into consideration for admission are those concerning: shareholder agreements are generally signed by all shareholders of the company at the time of conclusion of the contract and concluded for the benefit of the members, and not for the benefit of the company. As a result, these agreements are not governed by law and therefore there is no legal procedure for amending their provisions. Instead, it gives the shareholders` agreement in general that all members involved in the document must give their consent to amend the document. In strict legal theory, the relationship between shareholders and those between shareholders and the company is governed by the company`s constitutional documents. [Citation required] However, if there is a relatively small number of shareholders, as in a start-up, it is practical practice for shareholders to complete the constitutional document. . . .