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SHAREHOLDERS AGREEMENT

Introduction

 

A shareholders agreement is one which is also known as stockholders agreement and is an agreement is one in which mentions how the Company has to be operated. It also outlines the rights and obligations of the shareholder. Moreover, it also enlists the privileges of the shareholders and the protection of the shareholders. 

 

What is the Shareholders Agreement

 

The Shareholders Agreement makes sure that shareholders are treated equally. Though this agreement is optional, something just like the bye-laws, but it is quite advisable that you get it done for the shareholders’ protection. This Shareholders Agreement is very much helpful in a corporation that has a small number of active shareholders. This agreement is much more beneficial when there are more than one shareholders in an organization. Also, this Shareholders Agreement must have the key provisions for creating a balance between the shareholder interests and the Company’s interests, which ultimately results in the prevention of the Company losses and also protects its interest. 

 

 Rights of the Shareholder

 

There are many rights which can be exercised by the shareholder, and which have been granted by the Company. These rights have been mentioned below:

  1. He has the Right to Vote
  2. The Shareholder can call for a General Meeting
  3. He can appoint directors
  4. He can also appoint the Company auditor
  5. The shareholder has the right to access the financial statements of the Company if required.
  6. He has the right to inspect the Company registers and books if he feels like it.

 

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FAQ - Frequently asked questions

What is a Shareholder’s Agreement?

A shareholder’s agreement is a contract between the company and its shareholders. It outlines the rights, obligations of the shareholders and provisions related to the management and the authorities of the company.


What is the role of the Shareholder's agreement?

SHA describes how the company should be operated and outlines shareholders' rights and obligations


Can a shareholder customized the clause(s) and protect our rights through SHA?

Yes, however, it has to be within the provisions of its bye-laws and Companies Act


Is a shareholders agreement necessary?

Even though there is no legal requirement to have a formal shareholders agreement, every company with more than one shareholder is well advised to have one


Is a shareholders agreement necessary?

Even though there is no legal requirement to have a formal shareholders agreement, every company with more than one shareholder is well advised to have one


What does a shareholders agreement cover?

A shareholders' agreement regulates the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders. They also govern the way in which the company is run.