Shareholders Agreement

Editable Legal Template (31 Pages) defining all aspects of interaction between the Shareholders and the Company.

This Shareholders' Agreement (SHA) is a contractual agreement between all the Shareholders of your Company. The SHA is aimed at defining all aspects of interaction between the Shareholders and the Company and between respective Shareholders.  It is clearly stipulated how aspects such as share division, Shareholder's loans, dividends and profit distribution, selling of shares and dispute resolution are handled.  Without an SHA that all Shareholders understand and agree to, these aspects are addressed with great difficulty.  A clear SHA is especially important when you start a business with family or friends.

Template Features:

• Microsoft® Word format for compatibility with most word processors
• Fully editable to customise as you see fit
• Legal approval by a qualified and experienced Attorney

Includes the following main sections:

• Parties
• Recitals
• Definitions and interpretations
• Organisation of the Company
• Funding of the Company and Shareholdings' loans
• Shareholders' meeting
• Board of Directors
• Dividends and distribution
• Financial and other information
• Pre-emptive rights
• Fair value
• Special provision with regards to pre-emptive rights
• Deemed offers
• Conflict between pre-emptive rights and deemed offer
• Shares to be lodged in trust
• Come along and go along
• Support
• General warranties
• Breach
• Dispute resolution
• Confidentiality
• Restraint of trade
• Domicilium citandi et executandi
• Entire agreement
• Conflicts with the Memorandum of Incorporation or Companies Act
• Severability
• Cost of enforcement
• Variation and cancellation
• Cession
• Indulgence
• Governing law and jurisdiction
• Counterparts
• Costs
• Annexure A: Dividends and profit share
• Annexure B: Duties of Directors