This article does not discuss in detail all kinds of terms and variations of a SHA, but those that are most commonly used. Ideally, SSCs should be concluded when a company is incorporated between the parties who intend to form it and who will be its original shareholders, although SSEs can be completed after the creation and operation of a company. Specific transactions or the needs of different investors often require different terms and are subject to negotiation and possible subsequent changes. There may also be changes in the conditions for companies with different types of shares, as different classes of shares have different rights and obligations, which are normally set out in the articles of association of a company; However, all shareholders, regardless of their class, are generally bound to a SHA. This article does not take into account the laws of a particular jurisdiction. Your shareholders` agreement, like any other business agreement, is an agreement between the parties and will only be used for internal purposes. It should be saved in your minute book. The shareholders` agreement aims to ensure that shareholders are treated fairly and that their rights are protected. A solicitation clause prevents shareholders or former shareholders from obtaining from other shareholders, directors, officers or employees of the Company whether they leave or compete with the Company. This clause prevents an influential shareholder from stealing important employees.
When you start the business, a successful shareholders` agreement also determines what happens if the company wants to dissolve. .