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.
In contracts that contain conditions that must be satisfied after the agreement is signed and dated but before it can become effective, the closing date is sometimes referred to as the date when these conditions precedent are satisfied and the transactions contemplated by the agreement are finally completed.
The date of execution and thus the actual transfer of ownership of shares in the case of a share deal or of assets in the case of an asset deal is referred to as closing. Several weeks, or even months, may pass between signing and closing.
Many people wonder whether it is possible to write their own shareholders' agreement or whether a solicitor is required. We believe that it is quite possible to draw it yourself, provided that you use a good template as a basis (such as our own).