Shareholders Agreement checklist: equal 50/50 shareholders

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Equal shareholders in a company should consider having a shareholders agreement to regulate the management of the company and their relationship as shareholders. This checklist is for a shareholders agreement between two equal shareholders in a private limited company.

 

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Shareholders Agreement: equal 50/50 shareholders

As equal owners of the business, provisions concerning control and management of the company should apply equally for the benefit of both shareholders.  As such, they should not be a matter of argument or dispute between the two equal shareholders (in the absence of other circumstances).  This agreement is a shareholders agreement between two equal shareholders in a private limited company. 

 

Articles of Association: equal 50/50 shareholders

As an accompaniment to a shareholders agreement between two equal shareholders, the shareholders should also consider adopting Articles of Association which reflect their equal shareholdings.  This document is the form of Articles of Association for a private limited company with two equal shareholders. 

 

Shareholder Operational Services Agreement

This agreement is for the provision of operational services by a shareholder to a company.

 

Shareholders Agreement checklist: equal 50/50 shareholders

Checklist for a Shareholders Agreement between two equal shareholders

Background

Equal shareholders in a company should consider having a shareholders agreement to regulate the management of the company and their relationship as shareholders.

Before preparing a shareholders agreement, it may be worthwhile for the shareholders to discuss and agree in principle how the agreement will deal with certain matters and to record this agreement in a pre-agreement checklist.  The checklist can then be used as the basis for the shareholders agreement itself and should save time and future discussion on the shareholders agreement.

About this shareholders agreement checklist

This checklist is for a shareholders agreement between two equal shareholders in a private limited company.

Document features

Features include:

  • Table format with relevant point by point explanatory commentary 
  • Simple and easy to complete 
  • Alternative options for discussion and selection
  • Checklist relating to the following matters:
    • Parties
    • Business of the company
    • Shareholder roles and services
    • Shareholdings
    • Funding
    • Director appointment rights and board decision-making
    • Shareholder decision-making
    • Matters requiring prior approval of specified shareholders (reserved matters)
    • Future share issues
    • Transfers of shares
    • Shareholder information rights
    • Deadlock resolution
    • Shareholder restrictive covenants
    • Duration and termination

paperrockdocs Shareholders Agreement checklistExplanatory guidance

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