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It is not compulsory for the shareholders to enter a shareholders' agreement and it is for each shareholder to enter freely into the contract if he/she decides it is in their interests to do so. Generally though, it is preferable if all shareholders enter into the agreement so that they are all bound by its terms.

If your company has two or more shareholders, then it is important to have a shareholders' agreement. This type of agreement gives your company the best start possible as it gets everyone to focus and reach agreement on how the business will be run and helps ensure a clear plan to deal with any issues that arise.

An operating agreement is similar to a shareholder agreement, but it is tailored for a limited liability company. Instead of shareholders, the company has members.

Although a SHA is not a legal obligation, its value should not be underestimated. It is often omitted with the view of saving time and money, however the lack of certainty created by not having a shareholders' agreement in place can often lead to disputes amongst the shareholders which can be costly to deal with.

It is signed by the shareholder before any transfer or allotment is made. The signatory must identify as an individual or a company. In the case of being an individual they are required to give some personal information.

Since a shareholders' agreement establishes the relationship between the shareholders, without one, you are exposing both shareholders and the company to potential future conflict. This is particularly true in situations where the voting shares in a company are held equally (50% each) by just two people or companies.

What to Think about When You Begin Writing a Shareholder Agreement. ... Name Your Shareholders. ... Specify the Responsibilities of Shareholders. ... The Voting Rights of Your Shareholders. ... Decisions Your Corporation Might Face. ... Changing the Original Shareholder Agreement. ... Determine How Stock can be Sold or Transferred.