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A shareholders' agreement includes a date; often the number of shares issued; a capitalization table that outlines shareholders and their percentage ownership; any restrictions on transferring shares; pre-emptive rights for current shareholders to purchase shares to maintain ownership percentages (for example, in the

A shareholders' agreement is optional. But the founding shareholders or owners should consider entering into such an agreement before the company is established in order to create a contractual basis to govern the relationship among themselves and between the shareholders and the company.

Purposes of a Shareholders' Agreement To preserve a shareholder's proportion of the outstanding shares- e.g., to give the equivalent of preemptive rights to the shareholder parties to the agreement (who may include less than all of the shareholders). To place restrictions on the sale or other transfer of shares.

The shareholder agreement should clearly identify who has stock, at what value, and what rights those stocks carry. Additionally, the shareholders should agree on details about what happens to the stock when one leaves the corporation.

Contents Introduction. Step 1: Decide on the issues the agreement should cover. Step 2: Identify the interests of shareholders. Step 3: Identify shareholder value. Step 4: Identify who will make decisions - shareholders or directors. Step 5: Decide how voting power of shareholders should add up.

A shareholder agreement will include the rights and obligations of each shareholder, how the shares of the company are sold, how the company will run, and how decisions will be made.

The appointment of directors and quorum requirements, determining the matters requiring special resolution or providing veto rights to certain shareholders, financial needs of the company, restrictions on right to transfer shares freely, defining the obligation of each of the shareholder towards the company.

You have to make it clear in writing what the legal obligations are of every person who signs the initial agreement. While it is not possible to completely rid the corporation of future disputes, a well-written shareholder agreement can be used to settle shareholder disputes in a civil manner.

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Bronx New York Sample Letter regarding Draft of Shareholder's Agreement

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