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Shareholders Agreement Considerations

A shareholders` pact focuses on planning (or, in some cases, against) certain future contingencies or events, accepting shareholders at a time when they are not in a deadlock over the rules and procedures that must govern their relationship in different circumstances. It is trite to say that it is much easier to bring the parties together when you agree on what is „right,” which should apply to future relationship difficulties, for example, than when the relationship has already been damaged. What is often the most difficult for the lawyer preparing the agreement is to assess what future circumstances should be considered to make the document useful to shareholders. Because of their nature, shareholder agreements perform a wide range of functions. Some of the most important functions that address many shareholder agreements are: IDSSA provides that it can only vary by the written agreement of all parties. It is always necessary to identify income tax issues in relation to the clauses and transactions in question. An in-depth discussion on tax issues goes beyond the scope of this document. As a result, references to income tax have been kept to a minimum and, when made, are general in nature to highlight issues or serve as illustrations. Unfortunately, the income tax system in this area is so complex that no precedent or a number of precedents can allay all concerns. In all cases, specific planning is required. In any event, any lawyer involved in the negotiation of the agreement will ensure that tax matters are properly taken into account by a qualified consultant. To help you, we have prepared a simple shareholder pact (which we call the simple Inform Direct shareholder pact or short for „IDSSA”).

This can be purchased and downloaded. It was designed by a top 100 law firm that will be used by directors/shareholders of a limited company. If you are not sure that this agreement meets your needs or what the effects of these provisions are, we recommend that you get legal advice when developing your own agreement, instead of taking advantage of this precedent, as we cannot advise you if you wish to change any of the conditions provided for. Disagreements or failures in relationships are common in the economy. One of the important objectives of shareholder agreements is to ensure that there is a mechanism in place to deal with such situations.