No notarization or filing of a shareholders' agreement is required.
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.
Drafting shareholder agreements without expert advice could put you at risk of including provisions which may be deemed by a court as invalid.
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.
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.
A Shareholders Agreement is usually created when the company brings on external investors. A Founders Agreement focuses on the roles and responsibilities of the founders. It also sets out the equity allocation and who can decide what. It typically also addresses vesting and leaver arrangements for the founders.
A shareholder agreement should be detailed. It should describe how the business will be run, how problems between shareholders will be handled, and clarify the responsibilities and benefits of each shareholder.