Wyoming Shareholders' Agreement with Special Allocation of Dividends among Shareholders in a Close Corporation

State:
Multi-State
Control #:
US-1085BG
Format:
Word; 
Rich Text
Instant download

Description

A corporation whose shares are held by a single shareholder or a closely-knit group of shareholders (such as a family) is known as a close corporation. The shares of stock are not traded publicly. A shareholders' agreement may contain provisions relating to any phase of the affairs of a close corporation. Statutes often provide that the agreement may, as between the parties to the agreement, alter or waive the provisions of the general corporation law except those provisions that are specifically exempt from such alteration or waiver. A shareholders' agreement may not be altered or terminated except as provided by the agreement, or by all the parties, or by operation of law.
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  • Preview Shareholders' Agreement with Special Allocation of Dividends among Shareholders in a Close Corporation
  • Preview Shareholders' Agreement with Special Allocation of Dividends among Shareholders in a Close Corporation
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FAQ

A shareholder agreement, on the other hand, is optional. This document is often by and for shareholders, outlining certain rights and obligations. It can be most helpful when a corporation has a small number of active shareholders.

A shareholders' agreement is a contract that regulates the relationship between the shareholders and the corporation. The agreement will detail what models or forms which the corporation should run and outline and the basic rights and obligations of the shareholders.

A shareholder agreement, on the other hand, is optional. This document is often by and for shareholders, outlining certain rights and obligations. It can be most helpful when a corporation has a small number of active shareholders.

Shareholders expect the companies that they invest in to return profits to them, but not all companies pay dividends. Some companies keep profits as retained earnings that are earmarked for re-investment in the company and its growth, giving investors capital gains.

Dividend Policy The board of directors has sole discretion over dividend payments along with most other strategic decisions. Therefore, shareholders cannot force the company to make a dividend payment.

What happens with no shareholders' agreement? With no shareholders' agreement, both the company as a whole and individual shareholders could be exposed to unresolvable future conflict. Without an agreement to clarify the legal standpoint of each party, if a dispute occurs, a deadlock situation could occur.

Common circumstances under which a fellow stockholder would expect (or require) a stockholders' agreement to be in place are the following: You and another stockholder are starting the company together, and you both are contributing valuable talent or assets to the company.

Obviously, a shareholder agreement is not necessary in a one-person corporation. However, consider entering into a shareholder agreement if you have more than one shareholder or when you want to bring in other investors as your business grows.

A Wyoming Close Corporation is a corporation formed in Wyoming that allows shareholders a unique set of rights that make the internal workings of the corporation much like a partnership or LLC, while maintaining the limited liability protections, taxation status, and use of stock like a typical corporation.

(4) Dividends are payable to the shareholders in a no liability company in proportion to the number of shares held by them, irrespective of the amount paid up, or credited as paid up, on the shares.

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Wyoming Shareholders' Agreement with Special Allocation of Dividends among Shareholders in a Close Corporation