Question 1

What does our custom Shareholders Agreement include?

Accepted Answer

• Sets out the rights and obligations of the shareholders';
• The initial contributions required of the shareholders;
• Proposed nature of the business;
• Future financial arrangements of the company;
• Key roles and responsibilities of the shareholders;
• Regulates the ownership and voting rights of the shares in the company;
• Describes how the company should be controlled and managed;
• Specifies the methods which govern the sale of any shares in the company;
• Sets out any protection which may apply to minority shareholders;
• Sets out how future disputes between shareholders should resolved;
• Protects competitive interests of the company, such as prohibiting the shareholders to partake in competing businesses, or poaching staff members.

Question 2

What does this service comprise?

Accepted Answer

Once you have checked out and purchased the custom Shareholders Agreement service, we'll get in contact with you, and analyse the needs specific to your company in order that we may draft a custom fitted Shareholders Agreement for it.

The drafting is normally done by us within 1 week, and you will also have the chance to review the draft and have two free rounds of amendments made to the Shareholders Agreement if necessary.

Question 3

What is a Shareholders Agreement's relationship with a company's Memorandum of Incorporation?

Accepted Answer

Under the 1973 Companies Act, the provisions of a company's Shareholders Agreement could override the constitutional documents of the company. Since the 2008 Companies Act, this position has changed, as the new Act provides that the company's Memorandum of Incorporation (The primary constitutional document of the company) will override a company's Shareholders Agreement to the extent that the Shareholders Agreement conflicts or contradicts the Memorandum of Incorporation, effectively making the Memorandum of Incorporation the most essential governing document of the company.

A standard Memorandum of Incorporation is issued when a company is registered, while a Shareholders Agreement is an optional document.

Why then would you want both a Shareholders Agreement and a Memorandum of Incorporation?

• A company's Memorandum of Incorporation is available for public inspection, whereas the terms of a Shareholders Agreement, as a private contract, are confidential between the parties;
• Shareholders Agreements are cheaper and less formal to form, administer, revise or terminate, as, in most instances, notices, resolutions and amended provisions of a Memorandum of Incorporation need to be filed with the CIPC whenever an amendment or revision is made; and
• A Shareholders Agreement provides for greater flexibility, as the shareholders may anticipate that the company's business requires regular changes to their arrangements, and it may be unwieldy to repeatedly amend the Memorandum of Incorporation.

Custom Shareholders'
Agreement

Agreement Details

Fit For

Customised

Attorney

Why This Shareholders’ Agreement Works

Clear Contractual Obligations

Reduces Disputes

Prolongs Company Life

Join 6000+ Businesses Who Trust Us

Meet Some Of Your Expert Team

Tamara

Alicia

Johanna

Ayesha

Geraint

Kyle

Drew

Chris

Antonella

FAQs

Custom Shareholders'Agreement