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To be legally binding, a shareholders' agreement must be in writing and signed by all the shareholders. For extra protection, it is recommended that a witness be present to sign as one. It is also advisable to have the agreement reviewed by a lawyer to ensure it serves your interests.
A shareholder may assign his right to vote to another person by means of a voting trust agreement. A voting trust is created by a written trust agreement whereby the original stockholder transfers his shares to a trustee to be held for his benefit.
Shareholder Voting Agreements. Introduction. A Shareholder Voting Agreement (also sometimes called a Pooling Agreement or Shareholder Control Agreement) specifies the way in which shareholders of a corporation who are party to the agreement will vote their shares.
A voting right is the right of a shareholder of a corporation to vote on matters of corporate policy, including decisions on the makeup of the board of directors, issuing new securities, initiating corporate actions like mergers or acquisitions, approving dividends, and making substantial changes in the corporation's ...
Much like any other contract, a shareholders' agreement is legally binding.
If the agreement is validly executed, any party to the agreement can sue for specific performance of the agreement if another party refuses to abide by the agreement. If a suit for specific performance is successful, the court will order the parties to vote the shares in ance with the voting agreement.
The shareholders agreement will contain a clause that its provisions will take precedence over the provisions of the company's constitution to the extent of any inconsistency.