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Shareholders Agreement - Existing Company

A Shareholders’ Agreement is a legally binding agreement between the shareholders of a company, which serves to formalise and regulate the terms and conditions under which the business relationship between the shareholders is to operate. This agreement is drafted specifically for existing companies that have new shareholders joining the company or where the existing shareholders wish to change the terms and conditions of their existing agreement with each other.

Document: Shareholders Agreement - Existing Company

Document code: JD039

Document format(s):
Shareholders Agreement - Existing Company in Microsoft Word Document MS Word

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A Shareholders’ Agreement is a legally binding agreement between the shareholders of a company, which serves to formalise and regulate the terms and conditions under which the business relationship between the shareholders is to operate. This agreement is in long format and a comprehensive agreement which serves to regulate the relationship between the shareholders. It contains the essential clauses necessary to ensure that the shareholders’ interests are protected.

This agreement is drafted specifically for existing companies that have new shareholders joining the company or where the existing shareholders wish to change the terms and conditions of their existing agreement with each other. The agreement provides for the appointment of Directors, as well as how decisions are made by the Directors. It contains important clauses such as the drag along clause, the tag along clause, and the right of pre-emption with regard to the transfer of shares.

This agreement contains the following clauses:

  1. Parties
  2. Definitions
  3. Interpretation
  4. Preamble
  5. Shareholding
  6. Main Object of the Company
  7. Directors and Management of the Company
  8. Restrictive Covenants
  9. The Shareholders’ Voting Rights and Meetings
  10. Matters Requiring the Consent of a Special Majority
  11. Funding
  12. Dividend Policy
  13. Borrowing and Guarantees
  14. Financial Matters
  15. Transfer of Shares
  16. Obligatory Transfer Events
  17. Completion of Share Purchase
  18. Fair Value
  19. Issue of Further Shares
  20. Drag Along
  21. Tag Along
  22. Confidentiality
  23. No Partnership
  24. Notices
  25. Serious Deadlocks: Resolution of Disputes
  26. Termination
  27. Governing Law and Jurisdiction
  28. Utmost Good Faith
  29. Severance
  30. Variation and Waiver
  31. Assignment
  32. Costs
  33. Conflict with Memorandum and Articles
  34. Entire Agreement
  35. Counterparts
  36. Signatories

The Shareholders Agreement - Existing Company is available to download instantly in the following formats:


Microsoft Word Document Microsoft Word document

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