Much like any other contract, a shareholders' agreement is legally binding. Therefore, in most cases, the standard rules of contract law will apply regarding enforceability and the remedies available if a breach of that agreement or a dispute occurs.
Any company – whether organized as an LLC, Corporation, or partnership – with more than one shareholder, especially if they are actively involved in the business, should have a shareholder agreement.
Where the shareholder loss can be quantified, monetary damages are one of the main possible remedies for the breach of a shareholder agreement. The aim of an award of damages is to put the innocent party in the position they would have been in had the breach not occurred.
Is a shareholders' agreement legally binding? Yes, a shareholders' agreement is a contract between the company and its shareholders and the agreement is governed by contract law.
We have 5 steps. Step 1: Decide on the issues the agreement should cover. Step 2: Identify the interests of shareholders. Step 3: Identify shareholder value. Step 4: Identify who will make decisions - shareholders or directors. Step 5: Decide how voting power of shareholders should add up.
Termination clauses can protect shareholders' interests by ensuring that they have the ability to exit an agreement that no longer serves their needs. Termination clauses may be triggered by specific events, such as the sale of the company, the departure of a key shareholder, or a change in ownership structure.
Enforceability of Shareholder Agreements As a legally binding contract, a shareholder agreement is enforceable if it aligns with the rules of contract enforceability.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
How to write a contract agreement in 7 steps. Determine the type of contract required. Confirm the necessary parties. Choose someone to draft the contract. Write the contract with the proper formatting. Review the written contract with a lawyer. Send the contract agreement for review or revisions.