In order to have a valid contract in North Carolina, there must be an offer, an acceptance, along with consideration. The parties must also have the capacity to enter into the contract.
What happens with no shareholders' agreement? With no shareholders' agreement, both the company as a whole and individual shareholders could be exposed to unresolvable future conflict. Without an agreement to clarify the legal standpoint of each party, if a dispute occurs, a deadlock situation could occur.
Drafting shareholder agreements without expert advice could put you at risk of including provisions which may be deemed by a court as invalid.
Our fees for preparing and drafting a shareholders' agreement start at £1,250 plus VAT. A Shareholders' Agreement helps protect the legal rights of all shareholders in a business and aims to ensure everyone is treated fairly.
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.
A shareholders' agreement is no different from any other form of contract and so can become binding on shareholders because it has been agreed to by all of them either orally, in writing (but not formally signed) or by conduct.
7 Best Practices When Drafting Simple Agreements Start with a clear statement of purpose. Define key terms and definitions. Use clear and concise language. Include dispute resolution provisions. Consider the potential consequences of the breach. Include termination and renewal provisions. Use a standard contract template.
Although North Carolina's laws do not require LLCs to have operating agreements, you are still encouraged to have one to protect the operations of your business. Having an operating agreement is critical to ensure that your business is legally compliant and that all of the proper procedures and policies are followed.