Posted on October 7, 2021
In principle, the parties can draw up the partnership agreement themselves. Due to the often important interests and the abstract case, it is strongly recommended to get advice from a lawyer specializing in shareholder agreements. See here an example of a shareholders` agreement with an explanation of what you need to pay attention to. If an investor takes shares or preferred shares, he usually enters into a participation contract with the company. The participation agreement regulates issues such as the amount of the investment and the conditions applicable to the investment. At the same time as the participation agreement, the investor often adheres to the shareholders` agreement (or a shareholders` agreement is concluded if it does not already exist). These are just a few topics. There may or should be other problems in this agreement. It is important to recognize that the rights and obligations of shareholders must be defined in advance. If the conflict is already a fact, it goes without saying that a shareholders` agreement can hardly, if at all, be reached. Confidentiality In what situation do the parties wish the shareholders not to be the subject of a secret and do the parties wish to agree in advance in the shareholder agreement? With a shareholders` agreement, you can conclude agreements with your co-shareholders regarding your collaboration during the creation of your company. The shareholder`s contract is a complement to the articles of association.
As a rule, agreements between companies and investors are also stipulated in the shareholder agreement.