Although you don't have to hire a lawyer, you should. Entering into a legally binding agreement isn't something you should take lightly. Signing a document without fully comprehending the terms or your rights is dangerous. It can lead to significant unintended consequences and time-consuming legal battles.
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.
No notarization or filing of a shareholders' agreement is required.
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.
Drafting shareholder agreements without expert advice could put you at risk of including provisions which may be deemed by a court as invalid.
If you're asking whether you need a lawyer to draft a contract, legally, the answer is no. Anyone can draft a contract on their own and as long as the elements above are included and both parties are legally competent and consent to the agreement, it is generally lawful.
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
They are both legally binding but if there is a dispute, each party tends to have a different idea of exactly what was agreed to or the details of that agreement. Because there is nothing in writing to clarify the details of the agreement, in a lawsuit, the judge has no evidence of any details of what was agreed to.
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.