Shareholders Agreements

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Shareholders Agreements for the Retail Industry

Need assistance setting out the rights and obligations of your shareholders?

As experts in commercial legal services, our team of retail lawyers are well-versed in drafting shareholder agreements for retailers.

It is crucial that the shareholders agreement is completed correctly as it is a legal document that sets out the rights and obligations of the shareholders of a company and can impact your business negatively if done wrong.

If your business has multiple shareholders or directors, a shareholders agreement can ensure that all parties are on the same page when it comes to how the business will be run and how key business decisions will be made. This will be important in managing expectations and mitigating any future confusion and disputes.

Let the Gladwin Legal team help you manage expectations and mitigate disputes with an expertly written Shareholders Agreement.

Access Expert Legal Advice for Shareholders Agreements
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Fast, Accurate and Affordable Shareholders Agreements

As specialists in commercial and corporate law, we understand you need legal advice that is fast, effective and affordable. We make things easy by skipping the legal jargon to communicate with you clearly and promptly so you get the most practical and cost-effective solutions.

The earlier you have a shareholders agreement in place, the easier it will be to implement. The problem with creating a shareholders agreement later on in your business’s life cycle is that your bargaining position may be compromised over time and that a dispute may arise before you have an agreement in place, which could mean that you are not adequately protected.

Our experienced lawyers make the process quick, clear, and simple so you can feel confident and in control.

For a free consultation to discuss your Shareholder Agreements, get in touch with Gladwin Legal today on 1300 033  934.

Specialists in Shareholders Agreements

Our legal team can assist you with:

  • Drafting a new shareholders agreement suited to your business’s needs
  • Reviewing and amending an existing shareholders agreement
  • Advising on conflicts that arise by shareholders or directors
  • Advising on share issues and transfers
  • Preparing tailored clauses depending on whether the client is a founder or investor

If you’d like further help with commercial agreements,  speak to us about drafting a memorandum of understanding or confidentiality agreement for your retail business.

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    Shareholder Agreement Frequently Asked Questions

    A shareholders agreement is a binding contract between the shareholders of a company, which governs the relationship between the shareholders and specifies who controls the company, how the company will be owned and managed, how shareholders’ rights may be protected and how shareholders can exit the company.

    The shareholders agreement should be signed or executed by the company and each shareholder. The legal requirements for a company and an individual to sign documents are different, so be sure to consult a lawyer to ensure this is carried out correctly.

    A shareholders agreement enables an aggrieved shareholder to bring a cause of action against another shareholder that materially breaches one of their obligations under the agreement.

    Material breaches will usually occur when a shareholder fails to provide capital where required under law or the agreement, fails to comply with any particular provision of the agreement, or commits fraud.

    It is important that all circumstances you wish to consider regarding material breaches are defined. We can provide advice and assist with this.

    If a material breach is not remedied, the shareholder at fault may be required to transfer his or her shares, pay compensation to other shareholders, or have their voting rights suspended.

    Because shareholders decide the content of the shareholders agreement, they can include a clause that outlines how the agreement can be amended in the future. Typically, such a clause would only allow for the agreement to be amended if all shareholders consent to that amendment.

    Even if your company is not planning to raise capital immediately, it is important to implement a shareholders agreement as soon as it appears that there may be more than one shareholder.
    A robust shareholders agreement will:
    • provide a clear framework for the ownership
    and management of the business and clarify how the company will be run and what is required to fulfil obligations as a shareholder;
    • signal to prospective investors that the company
    is well‑managed and provides transparency over the
    company’s ownership and management. This will help to reduce the likelihood that investors will want to replace or negotiate the terms of the agreement; and
    • outline how potential disputes between shareholders can be settled. While disputes might seem unlikely early on, it’s helpful to agree on the resolution process from the outset so that, at the very least, there is an agreed framework in place in the instance that issues do arise.

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