As described above, this depends on the number of shareholders and their respective holdings. However, the main provisions to be considered for inclusion are those relating to: either the charter company or a shareholders` pact, on the face of it, the same legal relationships and characteristics of the company`s business. The question therefore arises as to what is the main difference between the two documents and whether it is necessary to enter into a shareholders` pact in the presence of the Charter. Think strategically about your business with a robust shareholder pact A shareholder pact benefits both the shareholders who invest in your business and the directors who run your business. In addition, the provisions of the company`s by-law may be amended by a decision of at least 75% of the participants` votes (the “special decision”), but any change to a shareholders` pact can only be amended on the condition that all parties unanimously approve the agreement. In the case of the transfer of existing shares, the possibility of pre-purchase implies a ban on the transfer of shares, unless the shareholder who wishes to proceed with the sale first proposes the shares for sale (often at a certain price) to existing shareholders. From the shareholders` point of view, the agreement provides a “go to” manual for situations in which they must assess the rights they have as shareholders or the circumstances in which they may transfer their shares to a third party. The agreement also offers shareholders the opportunity to express their expectations of. B-vis the company, for example by claiming a dividend policy, and can offer advantageous protection to minority shareholders (who hold less than 50% of the shares) (see below). It is not surprising that this is an agreement between the shareholders of a company. In essence, the agreement governs the shareholder relationship and the relationships of partners and companies.
In addition, a majority shareholder wants to prevent minority shareholders from disclosing confidential information to competitors or from creating competing companies, each of which may be included as a provision in the agreement.