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Is a shareholders agreement legally binding? Once a shareholders agreement has been signed it should be legally binding, provided that it complies with the usual 4 aspects of a contract: offer, acceptance, consideration and an intention to create legal relations.
There is no legal requirement for a limited company to have a Shareholders Agreement, but I strongly recommend every limited company to have one, even if it is just you and your spouse (and perhaps more so!) A Shareholders Agreement governs and regulates the relationship between shareholders.
Is a shareholders agreement legally binding? Once a shareholders agreement has been signed it should be legally binding, provided that it complies with the usual 4 aspects of a contract: offer, acceptance, consideration and an intention to create legal relations.
Common problem areas include the following: Directors -v- members. Transfer of shares. Approving a change in business direction. Managing changes in the roles shareholders play. Injection of debt. Competition. Exit.
Shareholders' agreements are used quite frequently by medium and large Indian companies. 2.Shareholders' agreements are not mandatory under Indian law. Shareholders' agreements are binding only on the parties to the shareholders' agreement and as it is a contractual arrangement between the parties.
Does everyone have to sign a shareholders' agreement? A shareholder cannot be compelled to sign a shareholders' agreement i.e. each shareholder should enter into it voluntarily.
A shareholders' agreement is an agreement entered into between all or some of the shareholders in a company. It regulates the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders.
This is because a shareholders agreement is a contract between the shareholders and as such any action taken in breach of it may lead to a right to claim damages, but will usually not affect the legal validity of the act complained of.
Who needs to sign the Shareholders' Agreement? Each shareholder must sign the Shareholders' Agreement. In addition, a representative of the company should sign.