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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.
Even though the law does not require shareholder agreements, every privately held corporation with more than one shareholder and every privately held limited liability company (?LLC?) with more than one member is well advised to have a formal ?partnership? agreement, preferably implemented at the onset of the business ...
Operating agreements are used for limited liability companies with multiple members, and shareholder agreements are used for corporations with multiple shareholders. These documents can help ensure that your business is set up correctly so that you avoid business operation issues in the future.
A good shareholders agreement should set out the decisions a shareholder-director may and may not make without agreement from others. These are known as reserved matters. Disclosure of decision making is also important. A shareholder-director may be able to make decisions that aren't reported to other shareholders.
A shareholders' agreement includes a date; often the number of shares issued; a capitalization table that outlines shareholders and their percentage ownership; any restrictions on transferring shares; pre-emptive rights for current shareholders to purchase shares to maintain ownership percentages (for example, in the ...