Purpose Of A Shareholders Agreement In Harris

State:
Multi-State
County:
Harris
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A fiduciary duty typically arises in cases in which one party has an obligation to act in the best interest of another party, such as a corporate board member's duty to company shareholders. A breach of fiduciary duty occurs when a party fails to fulfill its fiduciary duty to another party.

A shareholders' agreement is an arrangement among a company's shareholders that describes how the company should be operated and outlines shareholders' rights and obligations. The shareholders' agreement is intended to make sure that shareholders are treated fairly and that their rights are protected.

Board Members have fiduciary, or legal, duties as established in corporate law. These are the duty of care, duty of loyalty, and the duty of obedience. The nature of these three duties can overlap.

What to Think about When You Begin Writing a Shareholder Agreement. Name Your Shareholders. Specify the Responsibilities of Shareholders. The Voting Rights of Your Shareholders. Decisions Your Corporation Might Face. Changing the Original Shareholder Agreement. Determine How Stock can be Sold or Transferred.

This duty requires that majority shareholders act in the best interests of the corporation and consider the interests of minority shareholders, though this does not mean that they cannot act in their own best interests.

A director must also disclose to the corporation facts that could impact the business of the company. It's important to note that fiduciary duties are to the corporation, not to the shareholders.

What Is Duty of Care? Duty of care refers to a fiduciary responsibility held by company directors which requires them to live up to a certain standard of care. This duty—which is both ethical and legal—requires them to make decisions in good faith and in a reasonably prudent manner.

Under the standard rules of contract law, any party to the shareholders' agreement may, if no provision is made in the agreement to resolve disputes, seek a declaration, damages, an injunction or order for specific performance to stop other parties to the agreement acting contrary to its terms.

If you are involved in a company with more than one shareholder, it is a good idea to agree to, and have a properly drafted shareholders agreement in place for the company. A shareholders agreement is a binding contract that sets out the rights and obligations of shareholders.

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Purpose Of A Shareholders Agreement In Harris