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An amended and restated shareholders agreement is a contract between a company and a shareholder that applies changes to the original agreement between them. This type of agreement might be necessary when new roles or responsibilties are required from either party.
?Amended? means that the document has ?changed?? that someone has revised the document. ?Restated? means ?presented in its entirety?, ? as a single, complete document. ingly, ?amended and restated? means a complete document into which one or more changes have been incorporated.
Thus, an amended and restated document includes all past amendments executed up to the date of the amended and restated agreement. The purpose of the amended and restated agreement is to simplify reading of the document, as one does not need to read the original document side-by-side with all subsequent amendments.
A shareholders agreement is a contract between the shareholders and the company. Like any contract, it is possible to amend shareholders agreements and update them as circumstances change within a company.
Provisions in a shareholder's agreement can be amended by simply having the shareholders agree to the terms of the amendment in writing. Shareholders do not need to sign an entirely new agreement to make an amendment. They can simply sign a deed of variation.