Michigan Agreement of Shareholders of a Close Corporation with Management by Shareholders

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Multi-State
Control #:
US-0178BG
Format:
Word; 
Rich Text
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Description

A close corporation is a corporation that is exempt from a number of the formal rules usually governing corporations, because of the small number of shareholders it has. The specifics vary by state, but usually a close corporation must not be publicly traded, and must have fewer than a set number of shareholders (usually 35 or so). A close corporation can generally be run directly by the shareholders (without a formal board of directors and without a formal annual meeting).
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FAQ

Sec. 488. (1) An agreement among the shareholders of a corporation that complies with this section is effective among the shareholders and the corporation even though it is inconsistent with this act in 1 or more of the following ways: (a) It eliminates the board or restricts the discretion or powers of the board.

WHO SHOULD SIGN THE SHAREHOLDERS AGREEMENT? The shareholders agreement should be signed or executed by the company and each shareholder. Remember the legal requirements for a company and an individual to sign documents is different, so make sure that you review the execution blocks correctly and sign the right one!

A general shareholder agreement is an agreement between two or more shareholders which sets out additional rights and protections for the shareholders, including voting rights, restrictions on the transfer of shares and protection for minority shareholders.

345. (1) A board may authorize and the corporation may make distributions to its shareholders subject to restriction by the articles of incorporation and the limitation in subsection (3).

AN ACT to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on ...

The Michigan Business Corporation Act identifies businesses that have formed a corporation or domestic corporation under Michigan law. The act applies to all corporations, both foreign and domestic that are allowed to do business in Michigan.

Section 485 of the Michigan Business Corporation Act states that "a corporation shall keep books and records of accounts and minutes of proceedings of its shareholders, board, and executive committee, if any".

A shareholder agreement is an arrangement that defines the relationship between shareholders and the company. The agreement safeguards the rights and obligations of the majority and minority shareholders, and it ensures all shareholders are treated fairly.

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Michigan Agreement of Shareholders of a Close Corporation with Management by Shareholders